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050818 CC Agenda - Special
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 SPECIAL MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA MAY 8, 2018 — 6:00 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. No Closed Session Next in Order: Ordinance: 18-07 Resolution: 18-30 CALL TO ORDER: Mayor Matt Rahn Prelude Music: To Be Announced Invocation: Pastor Shawn Bachor of Calvary Chapel Bible Fellowship Flag Salute: Council Member James "Stew" Stewart ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PRESENTATIONS/PROCLAMATIONS Presentation of Certificates of Recognition to Great Oak High School Cross Country Teams Presentation of May is Mental Health Month Proclamation Presentation of Bike Month Proclamation Presentation of National Public Works Week Proclamation Presentation of Proclamation for Municipal Clerks Week 1 PUBLIC COMMENTS A total of 30 minutes is provided for members of the public to address the City Council on items that appear within the Consent Calendar or a matter not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form may be filled out and filed with the City Clerk prior to the City Council addressing Public Comments and the Consent Calendar. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form may be filed with the City Clerk prior to the City Council addressing that item. Each speaker is limited to five minutes. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Waive Reading of Standard Ordinances and Resolutions RECOMMENDATION: 1.1 That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. 2 Approve the Action Minutes of April 24, 2018 RECOMMENDATION: 2.1 That the City Council approve the action minutes of April 24, 2018. 3 Approve the List of Demands RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 2 4 Approve the Cooperative Agreement with the County of Riverside to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for Fiscal Years 2018-19 through 2020-21 RECOMMENDATION: 4.1 Approve the Cooperative Agreement with the County of Riverside to provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Temecula; 4.2 Designate the City Manager as "Contract Administrator," in accordance with Section E. of the Cooperative Agreement with the County of Riverside to provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Temecula. 5 Approve an Agreement with Granicus, LLC for an Automated Agenda and Commission Management System RECOMMENDATION: 5.1 That the City Council approve an Agreement with Granicus, LLC, in a total amount not to exceed $250,000 during the four (4) year term of the agreement, for an automated agenda and commission management system. 6 Appoint Members to the Old Town Local Review Board and Planning Commission RECOMMENDATION: 6.1 That the City Council appoint Albert Blair, Craig Puma, and Ross Jackson to the Old Town Local Review Board and Ron Guerriero and Gary Youmans to the Planning Commission. 7 Approve an Agreement for Contractor Services with Digital Mapping, Inc. (DMI) for the Acquisition of Digital Ortho -Imagery and Associated Base Data RECOMMENDATION: 7.1 Approve a Contractor Services Agreement with Digital Mapping, Inc. (DMI), in an amount not to exceed $95,000, for the Acquisition of Digital Ortho -imagery and Associated Base Data; 7.2 Authorize the City Manager to approve contract change orders up to 5% of the contract amount or $4,750. 8 Approve a Purchase and Installation Agreement with Western Audio Visual for the Replacement of Audiovisual Equipment in the Temecula City Council Chambers and Conference Center RECOMMENDATION: 3 8.1 Approve a Purchase and Installation Agreement with Western Audio Visual, in an amount not to exceed $179,787, for Audiovisual Equipment in the Temecula City Council Chambers and Conference Center; 8.2 Authorize the City Manager to approve contract change orders up to 7% of the contract amount or $12,586. 9 Award a Construction Contract to R.J. Noble Company, for Pavement Rehabilitation Program — Citywide, Rancho California Road (Old Town Front Street to Western City Limits), PW17-26 RECOMMENDATION: 9.1 Award a Construction Contract to R.J. Noble Company, in the amount of $1,212,357.50, for Pavement Rehabilitation Program Citywide — Rancho California Road (Old Town Front Street to Western City Limits), PW 17-26; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $121,235.75, which is equal to 10% of the Contract amount; 9.3 Make a finding that the Pavement Rehabilitation Program Citywide — Rancho California Road (Old Town Front Street to Western City Limits) project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 10 Receive and File Temporary Street Closures for 2018 Summerfest Events RECOMMENDATION: 10.1 That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2018 Summerfest Events: TEMECULA VALLEY SYMPHONY MEMORIAL DAY OBSERVANCE TEMECULA ART & STREET PAINTING FESTIVAL 4TH OF JULY PARADE 4TH OF JULY FIREWORKS SHOW SUNDAYS IN THE SQUARE ******************** 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 18-01 Resolution: CSD 18-02 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, 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 April 24, 2018 RECOMMENDATION: 11.1 That the Board of Directors approve the action minutes of April 24, 2018. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, May 22, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 5 SUCCESSOR AGENCY TO THE TEMECULA REDEVELOPMENT AGENCY — No Meeting TEMECULA HOUSING AUTHORITY — No Meeting TEMECULA PUBLIC FINANCING AUTHORITY — No Meeting RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING Any person may submit written comments to the City Council before a public hearing or may appear and be heard in support of or in opposition to the approval of the project(s) at the time of the hearing. If you challenge any of the project(s) in court, you may be limited to raising only those issues you or someone else raised at the public hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing. 12 Approve a Fee Reimbursement Agreement with Hoehn Enterprise 4 Temecula LLC and an Economic Development Policy for Automobile Dealership Fee Reimbursement Program (At the Request of Luxury Car Dealership Ad Hoc Subcommittee Mayor Rahn and Council Member Comerchero) RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HOEHN ENTERPRISE 4 TEMECULA LLC 12.2 Adopt an Economic Development Policy Regarding the Reimbursement of Fees for New Automobile Dealerships. 13 Approve Modification, Tentative Parcel Map and Development Plans Related to PA18-0588, PA14-2708, PA14-2707, and PA16-0090 for Property Generally Located on the Northwest Corner of Temecula Parkway and La Paz Road RECOMMENDATION: 13.1 That the City Council adopt a resolution entitled: RESOLUTION 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MODIFICATION CONSISTING OF CONDITION OF APPROVAL REVISIONS TO PA14-2708, A TENTATIVE PARCEL MAP FOR THE CREATION OF SIX LOTS FROM FOUR EXISTING LOTS; PA14-2707, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF FOUR 6 COMMERCIAL BUILDINGS; AND PA16-0090, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN LA FITNESS. THE CONDITION MODIFICATION WILL CREATE A THIRD ALTERNATIVE ALLOWING THE DEVELOPER TO PROVIDE FUNDS TO THE CITY FOR THE CONSTRUCTION OF A ROUNDABOUT OR TRAFFIC SIGNAL AT THE INTERSECTION OF LA PAZ ROAD AND YNEZ ROAD. THE MODIFICATION WILL ALSO REQUIRE THAT THE DEVELOPER ACQUIRE THE NECESSARY RIGHT-OF-WAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-2707, 2708, AND PA16-0090) (PA18-0588) CITY COUNCIL BUSINESS 14 Receive Presentation from Fairbank, Maslin, Maullin, Metz and Associates (FM3) Regarding Cannabis Community Poll Results and Provide Direction on Various Related Items RECOMMENDATION: 14.1 That the City Council receive the presentation from Fairbank, Maslin, Maullin, Metz and Associates (FM3) regarding the cannabis community poll results and provide direction on the following related items: (1) Provide direction on whether or not to amend the existing ordinance in any capacity; (2) If amendment desired, provide direction on what is being amended in the ordinance for medicinal purposes; (3) If amendment desired, provide direction on what is being amended in the ordinance for recreational purposes; (4) If amendment desired, provide direction on whether to pursue the amendment through the legislative or initiative process; (5) Provide direction on the desire to conduct outreach and/or education through community workshops, including the purpose, timing and number of said workshops; (6) Provide other related direction as appropriate. COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, May 22, 2018, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. 7 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 — TemeculaCA.aov — 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 — TemeculaCA.gov — and will be available for public review at the respective meeting. If you have questions regarding any item on the agenda for this meeting, please contact the City Clerk's Department, (951) 694-6444. 8 PRESENTATIONS City of Temecula Certificate of Achievement Presented on behalf of the City Council and the Citizens of the City of Temecula to: Great Oak High School California State Champion Cross Country Teams The City of Temecula congratulates the Great Oak High School Cross Country teams on their outstanding accomplishment and effort in earning the Division 1 California State Champions title. The Wolfpack also won the Southwestern League and CIF Southern Section Division 1 titles. We are proud of the Great Oak High School Cross Country team's dedication and talent and we wish them continued success in the sport of cross country and with their future endeavors. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this eighth day of May, 2018. Matt Rahn, Mayor Randi Johl, City Clerk City of Temecula Certificate of Achievement esented on behalf of the City Council and the Citizens of the City of Temecula to: Great Oak High School California State Champion Cross Country Teams Coaches The City of Temecula congratulates the Great Oak High School Cross Country teams coaches whose outstanding efforts guided the teams to earn the Division 1 California State Champions title. The Wolfpack also won the Southwestern League and CIF Southern Section Division 1 titles. We would like to thank the coaches of the Great Oak High School Cross Country teams for their leadership and dedication to these young athletes and acknowledge their contributions to their lives and to the City of Temecula. IN WITNESS WHEREOF, I have hereunto affixed my hand and official seal this eighth day of May, 2018. Matt Rahn, Mayor Randi Johl, City Clerk i , •_ The City of Temecula x PROCLAMA TION WHEREAS, mental health is part of a person's overall health and wellness; and WHEREAS, one in five adults experience a mental health condition in any given year and one in 25 adults lives with mental illness, such as major depression, bipolar disorder, or schizophrenia; and WHEREAS, approximately one-half of chronic mental illness begins by age 14 and three-quarters begins by age 24; and WHEREAS, long delays often occur between the onset of symptoms and when individuals receive help; and WHEREAS, early identification and treatment can make a difference in successful management of mental illness and recovery; and WHEREAS, it is important to learn the symptoms of mental illness in order to get help when it is needed and support others in accessing care; and WHEREAS, every person and community can make a difference in helping end the silence and stigma that has surrounded mental illness and discourages people from seeking help; and WHEREAS, public education and civic activities can encourage mental health, promote the wellness and recovery of those with a mental health condition, and help improve the lives of individuals and families affected by mental illness. NOW, THEREFORE, I, Matt Rahn, on behalf of the City Council of the City of Temecula, hereby proclaim the month of May, 2018, to be "Mental Health Month" and call upon citizens to recommit our community to increase awareness and understanding of mental health, expand the dialogue about the steps to take to promote mental health and wellness, and foster an understanding about the need for appropriate and accessible services for the mental health needs of everyone. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this eighth day of May. 2018. Matt Rahn, Mayor Randi Johl, City Clerk s a t e t �.n'k ..E 'S.�'' ". $ aw •` ! ;I The City of Temecula PROCLAMA TION WHEREAS, the bicycle is an economical, healthy, convenient, and environmentally sound form of transportation, and an excellent tool for recreation and enjoyment of Temecula's scenic beauty; and WHEREAS, throughout the month of May, the residents of Temecula and its visitors will experience the joys of bicycling through organized rides, bike trains, commuting events, or by simply getting out and going for a ride; and WHEREAS, Temecula's bike lane and trail system attracts bicyclists each year, providing economic health, transportation, tourism, and scenic benefits; and WHEREAS, creating a bicycle friendly community has been shown to improve citizens' health, well-being, and quality of life, growing the economy of Temecula, attracting tourism dollars, improving traffic safety, and reducing pollution and congestion; and WHEREAS, HikeBikeTemecula, The Bike Shop, Temecula Bicycle Coalition, Inland Empire Biking Alliance, Inland Valley Mountain Bike Association, League of American Bicyclists, and other local organizations and businesses will be promoting bicycling during the month of May 2018; and WHEREAS, these groups are also promoting bicycle tourism year round to attract more visitors to enjoy our local restaurants, hotels, retail establishments, cultural, and scenic attractions; and WHEREAS, these groups are also promoting greater public awareness of bicycle operation and safety education in an effort to reduce collisions, injuries, and fatalities, and improve health and safety for everyone on the road. NOW, THEREFORE, I, Matt Rahn, on behalf of the City Council of the City of Temecula, hereby proclaim the month of May, 2018, to be "Bike Month" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this eighth day of May, 2018. Matt Rahn, Mayor Randi Johl, City Clerk r s �.. iWfIYGY tr -.,-.. The City of Temecular PROCLAMA WHEREAS, public works services provided in our everyday lives; and WHEREAS, the support and understanding of an operation of public works systems and programs such storm water management, public buildings and grounds, WHEREAS, the health, safety, and comfort of this and WHEREAS, the quality and effectiveness of these construction, is vitally dependent upon the efforts and skills WHEREAS, the efficiency of the qualified and departments is influenced by the people's attitude and they perform. NOW, THEREFORE, I, Matt Rahn, on behalf of hereby proclaim the week of May 20-26, 2018 to be "National Public "The Power of Public in the City of Temecula, and encourage all citizens and civic the issues involved in providing public works services, and works officials make every day to our health, safety, comfort, Vii' W.... TION community are an integral part of our citizens' informed citizenry is vital to the efficient as streets and highways, land development, parks, and infrastructure maintenance; and community greatly depends on these services; services, as well as their planning, design, and of the public works personnel; and dedicated personnel who staff public works understanding of the importance of the work the City Council of the City of Temecula, Works Week" Works" organizations to acquaint themselves with to recognize the contributions which public and quality of life. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this eighth day of May, 2018. Matt Rahn, Mayor Randi Johl, City Clerk 1✓ h "4, b 1 n A R The City of Temecula PROCLAMATION WHEREAS, in 1984 and 1994, Presidents Ronald Reagan and Bill Clinton, respectively, signed a Proclamation officially declaring Municipal Clerks Week the first full week of May and recognizing the essential role Municipal Clerks play in local government; and WHEREAS, the Office of the Municipal Clerk is a time-honored position and vital part of local government, existing throughout the world today; and WHEREAS, Municipal Clerks provide a professional link between the citizens they serve in their communities, local governing bodies, and governmental agencies at all levels; and WHEREAS, the responsibilities of Municipal Clerks throughout the world vary greatly ranging from administering elections and voter registration, to human resources and tax collection, to historical preservationist and beyond; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all in all that they do; and WHEREAS, Municipal Clerks continually strive to improve the administration of the Office of the Municipal Clerk through participation in educational programs and professional development through state, provincial, county, and international organizations. NOW, THEREFORE, I Matt Rahn, on behalf of the City Council of the City of Temecula, hereby proclaim the week of May 6 through May 12, 2018, to be "Municipal Clerks Week" and further extend appreciation to all in the office of our Municipal Clerk for the vital services they perform and their exemplary dedication to our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Temecula to be affixed this eighth day of May, 2018. Matt Rahn, Mayor Randi Johl, City Clerk CITY COUNCIL CONSENT Item No. 1 Approvals City Attorney Director of Finance City Manager ffiecr- JA, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: May 8, 2018 SUBJECT: Waive Reading of Standard Ordinances and Resolutions PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council waive the reading of the text of all standard ordinances and resolutions included in the agenda except as specifically required by the Government Code. BACKGROUND: The City of Temecula is a general law city formed under the laws of the State of California. With respect to adoption of ordinances and resolutions, the City adheres to the requirements set forth in the Government Code. Unless otherwise required, the full reading of the text of standard ordinances and resolutions is waived. FISCAL IMPACT: None ATTACHMENTS: None Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET TEMECULA, CALIFORNIA APRIL 24, 2018 — 7:00 PM No Closed Session At 7:00 PM Mayor Rahn called the City Council meeting to order to consider the matters described on the regular agenda. CALL TO ORDER: Mayor Matt Rahn Prelude Music: Chelsea Snow Invocation: Pastor Chris McPike of Calvary Chapel Temecula Valley Flag Salute: Mayor Pro Tem Mike Naggar ROLL CALL: Comerchero, Edwards, Naggar, Stewart, Rahn PRESENTATIONS/PROCLAMATIONS Presentation of Certificate of Achievement to Seth William McLaughlin of Troop #301 for Attaining Eagle Scout Rank Receive Presentation by Eastern Municipal Water District on the California WaterFix Project PUBLIC COMMENTS The following individuals addressed the City Council on non -agenda item: • Gary Youmans • Carolina Celaya • David Cooley The following individuals addressed the City Council on Consent Calendar items: • Jennifer Richard (9) • Dorcas Shaktman (9) • Sally Wing (9) • Ira Robinson (10) CONSENT CALENDAR 1 Waive Reading of Standard Ordinances and Resolutions - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. Action Minutes 042418 1 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 April 10, 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 2.1 That the City Council approve the action minutes of April 10, 2018. 3 Approve the List of Demands - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 3.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-26 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 February 28, 2018 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 4.1 That the City Council approve and file the City Treasurer's Report as of February 28, 2018. 5 Approve the Third Amendment to the Agreement with Temecula Valley Unified School District for Joint Use of a Portion of Temecula Elementary School - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 5.1 That the City Council approve the Third Amendment to the Agreement with Temecula Valley Unified School District for Joint Use of a Portion of Temecula Elementary School. 6 Approve a List of Projects to be Funded by Senate Bill One (SB 1) for Fiscal Year 2018-19 - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. Action Minutes 042418 2 RECOMMENDATION: 6.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 RECONVENE TEMECULA CITY COUNCIL PUBLIC HEARING 9 Approve Fiscal Year 2018-19 Community Development Block Grant (CDBG) Annual Action Plan and Substantial Amendment to 2017-18 Annual Action Plan - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Stewart; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 9.1 That the City Council adopt a resolution entitled: RESOLUTION NO. 18-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE 2018-19 ANNUAL ACTION PLAN AS AN APPLICATION TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) FOR FUNDING UNDER THE FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM 9.2 Adopt a resolution entitled: RESOLUTION NO. 18-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THE SUBSTANTIAL AMENDMENT TO THE 2017-18 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN CITY COUNCIL BUSINESS 10 Consider Letter of Support for AB 3027 in Response to WRCOG Inquiry (At the Request of Mayor Pro Tempore Naqqar) - Approved Staff Recommendation (5-0); Motion by Naggar, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: Action Minutes 042418 3 10.1 That the City Council consider approving a letter of support for AB 3027 in response to an inquiry from WRCOG. DEPARTMENTAL REPORTS 11 Community Development Department Monthly Report 12 Fire Department Monthly Report 13 Police Department Monthly Report 14 Public Works Department Monthly Report COMMISSION REPORTS PUBLIC SAFETY REPORT CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT At 8:15 PM, the City Council meeting was formally adjourned to Tuesday, May 8, 2018, at 5:30 PM for Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] Action Minutes 042418 4 Item No. 3 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: May 8, 2018 SUBJECT: Approve the List of Demands PREPARED BY: Pascale Brown, Fiscal Services Manager Jada Shafe, Accounting Technician II RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- 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: Alf 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. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $2,481,066.41. 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 8th day of May, 2018. Matt Rahn, Mayor ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ) ss I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of May, 2018, 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 04/12/2018 TOTAL CHECK RUN: $ 1,078,102.41 04/19/2018 TOTAL CHECK RUN: 947,409.86 04/19/2018 TOTAL PAYROLL RUN: 455,554.14 TOTAL LIST OF DEMANDS FOR 05/08/2018 COUNCIL MEETING: $ 2,481,066.41 DISBURSEMENTS BY FUND: CHECKS: CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 708,046.12 140 COMMUNITY DEV BLOCK GRANT 315.33 165 AFFORDABLE HOUSING 2,178.50 170 MEASURE A FUND 328,435.48 190 TEMECULA COMMUNITY SERVICES DISTRICT 180,648.34 192 TCSD SERVICE LEVEL B STREET LIGHTS 74,423.50 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 1,256.81 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 6,751.74 197 TEMECULA LIBRARY FUND 12,897.82 210 CAPITAL IMPROVEMENT PROJECTS FUND 461,088.49 300 INSURANCE FUND 64,668.23 305 WORKERS' COMPENSATION 773.12 320 INFORMATION TECHNOLOGY 94,830.45 325 TECHNOLOGY REPLACEMENT FUND 26,035.95 330 CENTRAL SERVICES 1,580.84 340 FACILITIES 31,814.95 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 3,181.53 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 3,181.53 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 2,143.73 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 3,181.53 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 3,181.53 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 3,181.53 478 CFD 16-01 RORIPAUGH PHASE II 93.60 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 57.94 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 250.10 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 476.54 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 27.98 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 125.44 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 28.15 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 55.45 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 1,329.04 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 26.21 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 29.72 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 26.94 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 261.89 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 934.12 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 80.48 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 173.37 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 66.11 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 26.07 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 1,053.96 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 233.72 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 241.38 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 1,386.87 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 27.51 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 92.40 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 2,440.59 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 45.08 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 26.24 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 29.19 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 2,042.65 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 26.48 $ 2,025,512.27 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 286,646.70 140 COMMUNITY DEV BLOCK GRANT 428.23 165 AFFORDABLE HOUSING 3,103.61 190 TEMECULA COMMUNITY SERVICES DISTRICT 113,564.13 192 TCSD SERVICE LEVEL B STREET LIGHTS 414.78 194 TCSD SERVICE LEVEL D REFUSE RECYCLING 2,430.00 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 302.66 197 TEMECULA LIBRARY FUND 1,892.69 300 INSURANCE FUND 933.38 305 WORKERS' COMPENSATION 2,081.72 320 INFORMATION TECHNOLOGY 30,667.92 330 CENTRAL SERVICES 3,822.40 340 FACILITIES 7,406.57 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 41.00 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 41.00 474 AD03-4 JOHN WARNER ROAD DEBT SERVICE 41.00 475 CFD03-3 WOLF CREEK DEBT SERVICE FUND 41.00 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 41.00 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 41.00 478 CFD 16-01 RORIPAUGH PHASE II 205.08 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 16.02 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 37.34 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 28.88 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 3.94 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 44.85 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 6.56 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 6.47 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 181.71 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 1.61 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 7.72 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 2.30 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 101.62 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 21.72 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 6.85 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 5.51 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 25.44 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 0.56 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 94.35 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 50.40 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 141.68 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 231.24 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 3.01 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.05 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 130.12 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 41.78 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 1.05 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 6.05 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 201.39 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 2.05 TOTAL BY FUND: 455,554.14 $ 2,481,066.41 apChkLst 04/12/2018 10:27:01AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 3727 03/09/2018 006887 UNION BANK OF CALIFORNIA 006952 PAYPAL 3728 03/09/2018 006887 UNION BANK OF CALIFORNIA 014777 SARKIS CONCEPTS, INC. 3730 03/09/2018 006887 UNION BANK OF CALIFORNIA 007837 ALASKA AIRLINES 007837 ALASKA AIRLINES 000175 GOVERNMENT FINANCE OFFICERS 006952 PAYPAL 3732 03/09/2018 006887 UNION BANK OF CALIFORNIA 020249 LAUND3R COM LLC 006952 PAYPAL 020596 PROFLOWERS 000152 CALIF PARKS & RECREATION SOC 014630 MCDONALD'S 013812 DFIT SUBS LLC 002185 U.S. POSTAL SERVICE 020595 UNCLE JIM'S WORM FARM 016800 PEACHJAR INC 3756 04/12/2018 007282 AMAZON.COM, INC 3757 04/11/2018 000621 WESTERN RIVERSIDE COUNCIL OF, GOVERNMENTS (WRCOG) Description Amount Paid Check Total LM K9 TRIALS: CRAMER & DAYKA AA RFRSHMNTS: CITY ATTY MTG 2/13/18 JH AIRFARE: ENERGOV CONF: CROWELL, PAULA JH AIRFARE: ENERGOV CONF: HOWE, HUNTER JH APPLICATION FEE: CAFR AWARD JH VERISIGN PAYFLOW PRO TRANSACTION KH LAUNDERED TABLE CLOTHS: CONF CTR KH VERISIGN PAYFLOW PRO TRANSACTION KH RECOGNITION TO CONTRACT INSTRUCTOR KH CONF & EXPO REGIST: JOHNSON, LEAH KH RFRSHMNTS: ROD RUN STAFF KH RFSMNTS: POOL TOURNAMENT: MPSC KH BKLT/20 US FLAG KH COMPOST WORMS FOR GARDEN BEDS KH FLYERS/MARKETING TO SCHOOL DISTRICT MISC SUPPLIES AND TOOLS - PREVENTION MAR '18 TUMF PAYMENT 3758 04/12/2018 007282 AMAZON.COM, INC BOOKS/COLLECTIONS:LIBRARY 85.00 106.96 481.30 481.30 50.70 76.60 163.00 214.70 61.20 200.00 367.03 132.00 31.25 127.95 375.00 62.49 97,737.00 85.00 106.96 1,089.90 1,672.13 62.49 97,737.00 12.14 12.14 Pagel apChkLst 04/12/2018 10: 27: 01 A M Final Check List CITY OF TEMECULA Page: 2 Bank : union UNION BANK (Continued) Check # Date Vendor 3760 04/10/2018 006887 UNION BANK OF CALIFORNIA 014777 SARKIS CONCEPTS, INC. 3761 04/10/2018 006887 UNION BANK OF CALIFORNIA 018583 WHICH WICH 3762 04/10/2018 006887 UNION BANK OF CALIFORNIA 019825 GETTY IMAGES 007218 SWING INN CAFE 020597 LAZY DOG RESTAURANT 017443 OPERATING CO.LLC MED.CUISINE 020597 LAZY DOG RESTAURANT 3764 04/10/2018 006887 UNION BANK OF CALIFORNIA 000175 GOVERNMENT FINANCE OFFICERS 188512 04/12/2018 020559 1ST RUN COMPUTER SERVICES INC 188513 04/12/2018 004973 ABACHERLI, LINDI 188514 04/12/2018 010904 AFECO INC 188515 04/12/2018 003951 ALL AMERICAN ASPHALT 188516 04/12/2018 009374 ALLEGRO MUSICAL VENTURES, DBAALLEGRO PIANO SERVIC 188517 04/12/2018 017795 ALTA LANGUAGE SERVICES, INC 188518 04/12/2018 000936 AMERICAN RED CROSS 188519 04/12/2018 000101 APPLE ONE INC 188520 04/12/2018 011954 BAKER & TAYLOR INC Description Amount Paid Check Total AA RFRSHMNTS: CITY ATTY MTG 2/13/18 PT RFRSHMNTS: MGMT SFTWR REVIEW MTG 3/5 KH IMAGES FOR PROMOTIONAL FLYERS KH RFRSHMNTS: MTG W/COUNCILMEMBER KH RFSHMNTS:THEATER PERFORMER KH RFSHMNTS: THEATER PERFORMER KH RFSHMNTS: THEATER PERFORMER JH APPLICATION FEE: CAFR AWARD SCANNER EQUIP REPLACEMENT:CITY CLERK TCSD INSTRUCTOR EARNINGS SMALL TOOLS: STA 84 ASPHALT PRODUCTS: CITYWIDE PIANO TUNING & MAINT: THEATER LANGUAGE TESTING: HR CERTIFICATION MATERIALS:AQUATICS MAR TEMP STAFF SVCS: CITY CLERK & BLDG BOOK COLLECTIONS:LIBRARY 7.67 7.67 63.00 63.00 149.00 29.06 76.59 54.00 76.59 385.24 529.30 529.30 26,035.95 26,035.95 280.00 280.00 200.10 200.10 422.24 422.24 250.00 250.00 120.00 120.00 498.00 498.00 4,388.88 4,388.88 1.20 1.20 Page2 apChkLst Final Check List 04/12/2018 10:27:01AM CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 188521 04/12/2018 020592 BANNER BANK RET. TO ESCROW: RJ NOBLE/WNCHSTR RD 41,955.39 41,955.39 188522 04/12/2018 020574 BATTERY SYSTEMS INC BATTERIES 4,093.40 4,093.40 188523 04/12/2018 018185 BLUEBEAM SOFTWARE INC SOFTWARE RENEWAL:BUILDING & SAFETY 188524 04/12/2018 017115 BUREAU OF OFFICE TRANSCRIPTION SRVCS:TEMECULA SERVICES, INC POLICE 1,755.00 1,755.00 45.94 45.94 188525 04/12/2018 004462 CDW LLC, DBA CDW POWER SUPPLY (UPS):CRC 632.85 GOVERNMENT LLC MISC SMALL TOOLS & EQUIP:INFO TECI- 336.97 969.82 188526 04/12/2018 017429 COBRAADVANTAGE INC., DBA MAR FSAADMINSTRATION: HR 513.00 513.00 THE ADVANTAGE GROUP 188527 04/12/2018 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: CRC DIST 188528 04/12/2018 013379 COSSOU, CELINE 188529 04/12/2018 014521 COSTAR GROUP INFORMATION INC 188530 04/12/2018 004329 COSTCO TEMECULA #491 188531 04/12/2018 002631 COUNTS UNLIMITED INC 188532 04/12/2018 010650 CRAFTSMEN PLUMBING & HVAC INC 247.04 247.04 TCSD INSTRUCTOR EARNINGS 140.00 TCSD INSTRUCTOR EARNINGS 1,178.10 TCSD INSTRUCTOR EARNINGS 554.40 TCSD INSTRUCTOR EARNINGS 1,039.50 TCSD INSTRUCTOR EARNINGS 454.30 3,366.30 APR 18 WEB SUBSCRIPTION: ECO DEV 453.19 453.19 SUPPLIES:HUMAN SVCS 314.42 314.42 TRAFFIC COUNT DATA COLLECTION 440.00 440.00 SVCS: PW PLUMBING SVCS: POLICE STATION 225.00 225.00 188533 04/12/2018 020436 CRONBERG, RICHARD N TCSD INSTRUCTOR EARNINGS 188534 04/12/2018 003272 DAISY WHEEL RIBBON CO INC MISC TONER & INK FOR DBA, DAISY IT SUPPLIES PRINTERS:CIVIC SALES 188535 04/12/2018 001393 DATA TICKET INC Parking citation processing:police- 336.00 336.00 2,404.96 2,404.96 200.00 200.00 Page:3 apChkLst Final Check List 04/12/2018 10:27:01AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 188536 04/12/2018 012600 DAVID EVANS & ASSOCIATES Survey Work: Cell tower property line 3,775.50 INC 188537 04/12/2018 019720 DIVERSIFIED WATERSCAPES MAR WATER QUALITY MAINT:DUCK 6,766.00 INC POND:HARV 188538 04/12/2018 018247 DOKKEN ENGINEERING ENVIRONMENTAL SVCS: PLANNING DEPT 3,775.50 6,766 00 4,950.00 4,950.00 188539 04/12/2018 004192 DOWNS ENERGY FUEL & FUEL FOR CITY VEHICLES: CODE 197.63 LUBRICANTS ENFORCEMENT FUEL FOR CITY VEHICLES: BLDG INSPEI 159.13 FUEL FOR CITY VEHICLES: PUBLIC WOF 221.58 FUEL FOR CITY VEHICLES: INFO TECH 55.86 FUEL FOR CITY VEHICLES: POLICE DEP' 98.53 FUEL FOR CITY VEHICLES: TCSD 406.14 FUEL FOR CITY VEHICLES: TCSD 49.46 FUEL FOR CITY VEHICLES: PUBLIC WOF 1,297.86 FUEL FOR CITY VEHICLES: TRAFFIC DIV 229.68 FUEL FOR CITY VEHICLES: LAND DEV 88.93 FUEL FOR CITY VEHICLES: PUBLIC WOF 1,335.77 4,140.57 188540 04/12/2018 019293 E&F PET SUPPLIES INC k-9 food & supplies: tem police 94.50 94.50 188541 04/12/2018 020588 ECONOMIC DEVELOPMENT City Manager/ED: T -Hole Sponsorship 250.00 250.00 COALITION 188542 04/12/2018 013367 ELECTRO INDUSTRIAL SUPPLY MISC SMALL TOOLS & EQUIP: PW 822.38 822.38 TRAFFIC 188543 04/12/2018 004829 ELLISON WILSON ADVOCACY APR STATE LOBBYING SVCS 3,500.00 3,500.00 LLC 188544 04/12/2018 011202 EMH SPORTS USA INC TCSD INSTRUCTOR EARNINGS 728.00 728.00 188545 04/12/2018 004111 EMPLOYMENT DEVELOPMENT Econ Dev: 2017 4th Quater employment DEPT 188546 04/12/2018 001056 EXCEL LANDSCAPE INC Landscape Improv: Margarita Splash Park IRRIGATION REPAIRS: VARIOUS SLOPE: IRRIGATION REPAIRS: HARVESTON SLO IRRIGATION REPAIRS: CIVIC CTR 188547 04/12/2018 018268 FAIRBANK, MASLIN, MAULLIN, RESEARCH & COMMUNITY OUTREACH SVC 204.00 204.00 21, 992.50 2,271.98 1,649.55 367.05 26,281.08 14, 375.00 14, 375.00 Page:4 apChkLst 04/12/2018 10:27:01AM Final Check List CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 188548 04/12/2018 019469 FALCON ENGINEERING SERVICES 188549 04/12/2018 009953 FEDERAL CLEANING CONTRACTORS, DBA FEDERAL BLDG SERVICES 188550 04/12/2018 000165 FEDERAL EXPRESS INC 188551 04/12/2018 000166 FIRST AMERICAN TITLE COMPANY 188552 04/12/2018 002982 FRANCHISE TAX BOARD 188553 04/12/2018 018858 FRONTIER CALIFORNIA INC 188554 04/12/2018 009097 FULL COMPASS SYSTEMS 188555 04/12/2018 016184 FUN EXPRESS, LLC, SUBSIDIARY OF ORIENTAL TR 188556 04/12/2018 003946 G T ENTERTAINMENT 188557 04/12/2018 001937 GALLS LLC 188558 04/12/2018 012066 GEOCON WEST INC 188559 04/12/2018 005405 GILLILAND, ROBIN 188560 04/12/2018 000177 GLENNIES OFFICE PRODUCTS INC Description Amount Paid Check Total MAR CONSTRUCT MGMT SVC: PW10-13 MAR CONSTRUCT MGMNT SVCS: PW04- APR JANITORIAL SRVCS:POLICE MALL OFC 3/21-3/22 EXP MAIL SVCS: Econ Dev - Diaz Rd Prelim Title Report JAN -MAR 330383649 2018 FORM 592 APR BUS LINE SVCS (2):EOC APR INTERNET SVCS:LIBRARY APR INTERNET SVCS:SKATE PARK APR INTERNET SVCS:FIRE STN #95 APR INTERNET SVCS:LIBRARY SOUND/LIGHTING & MISC SUPPLIES: THEATER event supplies:MPSC DJ/ANNOUNCING - VARIOUS SPECIAL EVENTS INSPECTION MIRRORS W/O WHEELS:POLICE equip: police volunteers Geotech peer review:ronpaugh P&R REIMB: RFSHMNTS: SISTER CITY 3/27 MISC. OFFICE SUPPLIES: WORKFORCE DEV MISC. OFFICE SUPPLIES: WORKFORCE OFFICE SUPPLIES: BLDG & SAFETY OFFICE SUPPLIES: STA 95 MISC. OFFICE SUPPLIES - STA 92 MISC OFFICE SUPPLIES: TRAFFIC 13,160.00 171,727.41 922.50 38.74 2,350.00 406.00 136.55 7.42 41.94 122.45 7.42 93.35 282.49 300.00 189.23 54.30 2,500.00 161.04 242.90 119.71 18.15 22.86 148.41 45.02 184,887.41 922.50 38.74 2,350.00 406.00 315.78 93.35 282.49 300.00 243.53 2,50000 161.04 597.05 Page:5 apChkLst 04/12/2018 10: 27: 01 A M Final Check List CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor 188561 04/12/2018 000186 HANKS HARDWARE INC 188562 04/12/2018 012748 HARDY & HARPER INC 188563 04/12/2018 020589 HARRELL, ASHLEY 188564 04/12/2018 013749 HELIXSTORM INC 188565 04/12/2018 010210 HOME DEPOT SUPPLY INC, THE 188566 04/12/2018 003198 HOME DEPOT, THE 188567 04/12/2018 017334 HOUSE OF AUTOMATION INC 188568 04/12/2018 020590 JC AFFILIATES LLC 188569 04/12/2018 020594 JEFFREY, CRUZ 188570 04/12/2018 020593 KELLER WILLIAMS REALTY 188571 04/12/2018 017118 KRACH BREE B, DBA TEMECULA TROPHY & DES 188572 04/12/2018 001085 L N CURTIS & SONS 188573 04/12/2018 020222 LANDSCAPE STRUCTURES INC. Description Amount Paid Check Total MISC SMALL TOOLS & EQUIP: TRAFFIC MISC SMALL TOOLS & EQUIP: TRAFFIC MISC SMALL TOOLS & EQUIP: PW TRAFF MAINT SUPPLIES: CRC MAINT SUPPLIES: AQUATICS MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: CIVIC CTR MAINT SUPPLIES: AQUATICS MAINT SUPPLIES: CIVIC CTR HARDWARE SUPPLIES - PREVENTION HARDWARE SUPPLIES - TCC RPLC ASPHALT: GEN KEARNEY & CAMINO CAMPU REFUND: PARENT N ME SWIM: CRC FIREWALL RENEWAL SUB:CITY HALL SMALL TOOLS: MEDICS STORAGE CHEST;ECO DEV BAY/DOOR MAINTENANCE: STA 84 REFUND: DEPOSIT: TEM CREEK EIR REIMB: KNORR SYSTEMS POOL TRAINING REFUND: SEC DEP: ROOM RENTAL: CIVIC CTR DIAS NAME PLATES:COMMISSION STAFF DIAS NAME PLATES:COMMISSION STAFF RECOGNITION AWARDS & TROPHIES:MF FIRE RESCUE EQUIP SUPPLIES: MEDIC PLAYGROUND EQUIP: PW17-14 CREDIT: WORK NOT COMPLETED PW17- 260.63 28.76 29.50 14.39 15.21 12.62 50.76 9.10 130.17 4.34 66.27 112,230.00 45.00 13,167.82 453.94 107.66 350.00 26,184.86 299.56 200.00 21.75 261.00 8.16 705.77 277,158.66 621.75 112,230.00 45.00 13,167.82 453.94 107.66 350.00 26,184.86 299.56 200.00 290.91 705.77 -138,579.33 138, 579.33 Page6 apChkLst 04/12/2018 10:27:01AM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor 188574 04/12/2018 002634 LITELINES INC 188575 04/12/2018 004813 M & J PAUL ENTERPRISES INC 188576 04/12/2018 004803 MAPLOGIC CORPORATION 188577 04/12/2018 014392 MC COLLOUGH JILL DENISE, DBA TEMECULA PLANTSCAPE 188578 04/12/2018 013443 MIDWEST TAPE LLC 188579 04/12/2018 019913 MIRACLE PLAYGROUND SALES INC 188580 04/12/2018 004043 MISSION ELECTRIC SUPPLY INC 188581 04/12/2018 004040 MORAMARCO, ANTHONY J, DBA BIGFOOT GRAPHICS 188582 04/12/2018 017089 MORRIS-HOPKINS, BROOKE 188583 04/12/2018 001323 NESTLE WATERS NORTH AMERICA, DBA READYREFRESH 188584 04/12/2018 014391 NICHOLS, KELLIE D Description Amount Paid Check Total REPLACE FLAG POLE LIGHTS: DUCK POND INFLATABLE RENTALS:SPECIAL EVENTS INFLATABLE RENTALS:SPECIAL EVENTS Map layout manager software renewal:GIS APR INTERIOR PLANTSCAPE - CIVIC CTR APR PLANTSCAPE SVCS: LIBRARY BOOKS/COLLECTIONS:LIBRARY SPLASH PAD IMPRVMNTS: MARGARITA PARK ELECTRICAL SUPPLIES: OLD TOWN ELECTRICAL SUPPLIES: CIVIC CTR TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 2/23-3/22 DRINKING WATER:AQUATICS 2/23-3/22 DRINKING WATER: CITY MGR C 2/23-3/22 DRINKING WATER: TVE2 TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS TCSD INSTRUCTOR EARNINGS 1,846.58 174.00 174.00 625.00 500.00 200.00 321.38 9,820.13 13.43 649.18 3,150.00 294.00 196.00 73.50 171.50 98.00 6.51 35.11 42.58 403.20 478.80 378.00 327.60 378.00 176.40 226.80 100.80 308.70 277.20 61.25 1,414.00 1,846.58 348.00 625.00 700.00 321.38 9,820.13 662.61 3,150.00 833.00 84.20 4,530.75 Page:7 apChkLst Final Check List 04/12/2018 10:27:01AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 188585 04/12/2018 019839 O'CONNOR, DENISE TCSD INSTRUCTOR EARNINGS 175.00 175.00 188586 04/12/2018 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES:HR 47.84 DIV OFFICE SUPPLIES:PW CIP/LAND DEV 32.39 OFFICE SUPPLIES:PW CIP 188587 04/12/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:TCSD 188588 04/12/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PW PARKS MAINT CITY VEHICLE MAINT SVCS:PW PARKS A CITY VEHICLE MAINT SVCS:PW STREET CITY VEHICLE MAINT SVCS:PW PARKS A 188589 04/12/2018 017888 PACIFIC HYDROBLASTING INC PAINTING: STATION 92 PAINTING: STATION 92 188590 04/12/2018 002800 PACIFIC STRIPING INC REPAINTING OF TRAFFIC STRIPING: CITYWIDE 188591 04/12/2018 019334 PARK CONSULTING GROUP MAR CONSULT & ENTERPRISE INC SRVCS:INFO TECH 188592 04/12/2018 012904 PRO ACTIVE FIRE DESIGN MAR PLAN REVIEW SRVCS: AND, CONSULTING PREVENTION 188593 04/12/2018 005075 PRUDENTIAL OVERALL SUPPLY 188594 04/12/2018 018746 REGENCY PROPERTIES, L.P. 80.14 160.37 1,534.10 1,534.10 74.38 62.43 1,433.10 21.75 2,154.50 1,591.66 629.75 2,784.25 161, 395.48 161, 395.48 1,007.50 1,007.50 12,438.00 12,438.00 MAR UNIFORMS/FLR 828.25 MATS:PARKS/CIVIC CNTR MAR UNIFORM/FLR MTS/TWL RENTALS:( 861.65 REFUND:TEMECULA CRK INN EIR 130.68 DEPOSIT 188595 04/12/2018 000406 RIVERSIDE CO SHERIFFS JAN -FEB EXTRA DUTY YOUTH DEPT COURT:POLICE 188596 04/12/2018 009196 SACRAMENTO THEATRICAL SOUND/LIGHTING SUPPLIES: LIGHTING THEATER 188597 04/12/2018 004274 SAFE AND SECURE LOCKSMITH SRVCS: LIBRARY LOCKSMITH SRVC 188598 04/12/2018 017699 SARNOWSKI SHAWNA M PRESTON PHOTOGRAPHY SRVC:SISTER CITY 3/23 PHOTOGRAPHY SRVC:QTRLY EE LUNCI- PHOTOGRAPHY SRVC:HARV.EASTER/AF 188599 04/12/2018 020351 SDI PRESENCE LLC JAN PROF SRVCS:INFO TECH 1,689.90 130.68 201.95 201.95 315.80 315.80 196.49 196.49 150.00 150.00 225.00 525.00 16,100.00 16,100.00 Page:8 apChkLst Final Check List 04/12/2018 10:27:01AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 188600 04/12/2018 020599 SISLER, LACY REIMB: CPRS CONF: 3/14-3/16/2018 188601 04/12/2018 000537 SO CALIF EDISON 188602 04/12/2018 001212 SO CALIF GAS COMPANY 188603 04/12/2018 000519 SOUTH COUNTY PEST CONTROL INC 188604 04/12/2018 012652 SOUTHERN CALIFORNIA 628.32 628.32 MAR 2-29-295-3510:32211 WOLF VLY 923.81 RD MAR 2-30-520-4414:32781 TEM PKWY LS: 1,049.26 MAR 2-25-393-4681:41951 MORAGA RD 708.04 MAR 2-35-403-6337:41375 MCCABE CT 1,169.40 MAR 2-35-664-9053:29119 MARGARITA RI 564.52 MAR 2-29-953-8249:46497 WOLF CREEK 26.20 MAR 2-31-404-6020:28771 OT FRONT ST 611.88 MAR 2-30-220-8749:45850 N WOLF CREE 358.57 MAR 2-29-953-8447:31738 WOLF VLY RD 24.08 MAR 2-29-657-2332:45538 REDWOOD RD 24.21 MAR 2-29-953-8082:31523 WOLF VLY RD 27.19 MAR 2-35-707-0010:33451 S HWY-79 PED 48.98 MAR 2-39-732-3171:41997 MARGARITA RI 24.08 MAR 2-00-397-5067:TCSD SVC LEV C 2,209.43 MAR 2-29-223-8607:42035 2ND ST PED 487.48 MAR 2-00-397-5042:43200 BUS PARK DR 2,920.33 MAR 2-31-536-3226:28690 MERCEDES Si 1,494.89 MAR 2-28-629-0507:30600 PAUBA RD 5,200.68 MAR 2-02-502-8077:43210 BUS PARK DR 317.38 MAR 2-32-903-8293 41000 MAIN ST 14,205.71 32,396.12 MAR 098-255-9828-8:29119 MARGARITA 84.62 RD MAR 117-188-6393-6:32131 S LOOP RD 121.15 205.77 PEST CONTROL SRVCS: MARG 49.00 49.00 SPLASH PARK APR GEN USAGE:0141,0839,2593,9306 592.87 592.87 188605 04/12/2018 005786 SPRINT FEB 26 - MAR 25 CELLULAR USAGE/EQUIP 188606 04/12/2018 019250 ST. FRANCIS ELECTRIC, LLC TRAFFIC SGNL MAINT:GENERAL KEARNY 188607 04/12/2018 008337 STAPLES BUSINESS OFFICE SUPPLIES:LIBRARY ADVANTAGE 188608 04/12/2018 003677 TEMECULA MOTORSPORTS VEH REPAIR & MAINT:TEMECULA LLC POLICE 188609 04/12/2018 008311 TEMECULAVALLEYATHLETIC TCSD INSTRUCTOR EARNINGS CLUB 850.91 850.91 7,000.00 7,000.00 143.97 143.97 224.19 224.19 831.60 831.60 Page9 apChkLst 04/12/2018 10:27:01AM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor 188610 04/12/2018 020600 TEMECULA VALLEY POSSE 188611 04/12/2018 019549 THORESON, KATRINA 188612 04/12/2018 017415 THYSSENKRUPP ELEVATOR CORP 188613 04/12/2018 010276 TIME WARNER CABLE 188614 04/12/2018 000668 TIMMY D PRODUCTIONS INC 188615 04/12/2018 000978 TIP OF SW RIVERSIDE COUNTY INC 188616 04/12/2018 008977 VALLEY EVENTS, INC. 188617 04/12/2018 007987 WALMART 188618 04/12/2018 008402 WESTERN RIVERSIDE CO REG 188619 04/12/2018 018871 WONDER SCIENCE 1001990 04/05/2018 019252 NATIONAL CHARITY LEAGUE 1001991 04/05/2018 020587 RAMOS, DARWIN 1001992 04/05/2018 020586 T & R ASSOCIATES Description Amount Paid Check Total FY 17/18 COUNCIL CSFNOL.RECOGN 4/12 FY 17/18 COUNCIL CSFNOL.RECOGN 4/' REIMB: '18 CALPERS CONF 3/14-3/15/18 APR -JUN ELEVATOR MAINT SRVCS:CITY FACS APR HIGH SPEED INTERNET:LIBRARY PROF SRVCS:EASTER EGG HUNT 3/31 TRAUMA INTERVENTION PRGM:POLICE/FIRE MISC RENTALS:EASTER EGG HUNT 3/31 SUPPLIES:SKATE PARK SUPPLIES:PPW MAR '18 MSHCP PAYMENT TCSD INSTRUCTOR EARNINGS REFUND:SEC DEP:RM RENTAL:CONF CTR A/B REFUND:SEC DEP:RM RENTAL:CRC REFUND:SEC DEP:RM RENTAL:CONF CTR A/B 500.00 750.00 218.47 5,049.00 596.37 350.00 10,000.00 160.00 61.34 287.39 48,061 08 1,890.00 200.00 200.00 200.00 Grand total for UNION BANK: 1,250.00 218.47 5,049.00 596.37 350.00 10,000.00 160.00 348.73 48, 061.08 1,890.00 200.00 200.00 200.00 1,078,102.41 Page:10 apChkLst 04/12/2018 10:27:01 A M Final Check List CITY OF TEMECULA Page: 11 122 checks in this report. Grand Total All Checks. 1,078,102 41 Page 11 apChkLst 04/19/2018 9:59:38AM Final Check List CITY OF TEMECULA Page: 1 Bank : union UNION BANK Check # Date Vendor 3729 03/09/2018 006887 UNION BANK OF CALIFORNIA 012915 LUCILLE'S BBQ 006692 SAM'S CLUB 001104 ARM A 020606 CAPITAL DIRECTORS INC 017443 OPERATING CO.LLC MED.CUISINE, DBA: DAPHNES CALIFORNIA 3731 03/09/2018 006887 UNION BANK OF CALIFORNIA 014529 DOLLAR TREE STORES, INC. 018845 OAKLAND AIRPORT TRANSPORTATION 006942 ONTARIO AIRPORT 001060 HYATT 008039 PORTOLA PLAZA HOTEL 008668 WES FLOWERS 020183 JAM PAPER 008039 PORTOLA PLAZA HOTEL 004074 FRANCHISE MGMT SERVICES INC 3733 03/09/2018 006887 UNION BANK OF CALIFORNIA 004811 HEWLETT PACKARD COMPANY 020444 MEETINGSIFT.COM 013338 APPLE STORE 016691 VVWWPAESSLER.COM 3759 04/10/2018 006887 UNION BANK OF CALIFORNIA 017443 OPERATING CO.LLC MED.CUISINE, DBA: DAPHNE'S CALIFORNIA Description Amount Paid Check Total RO RFRHSMNTS: CITY CNCL MTG 2/13/18 RO RFRSHMNTS: CITY CNCL MTG 2/13/18 RO MTG REGISTRATION: FLORES, G. RO POCKET DIRECTORY OF CA LEGISLATURES RO RFRSHMNTS: CITY CNCL MTG 2/27/18 IG TEAM PACE SUPPLIES FOR EOQ IG TRANSPORTATION EXPENSE: GARIBAY IG PARKING EXPENSE: GARIBAY, I. IG LODGING: LCW CONFERENCE 2/26-2/28 IG LODGING: PARMA CONF: CARDENAS IG SUNSHINE FUND IG PLASTIC ENVELOPES FOR BENEFIT IG LODGING: PARMA CONF: CARDENAS IG TEAM PACE SUPPLIES FOR EOQ MH HP CABLE MH MONTHLY RENEWAL FEES MH APPLE JOINT VENTURE MEMBERSHIP MH LICENSE RENEWAL RO RFRSHMNTS: CITY CNCL MTG 2/27/18 282.74 8.98 15.00 21.26 181.90 59.52 21.90 65.00 20.53 259.28 63.93 62.87 578.56 148.62 32.78 149.00 499.00 1,535.83 2.34 509.88 1,280.21 2,216.61 2.34 Page:1 apChkLst Final Check List 04/19/2018 9:59:38AM CITY OF TEMECULA Page: 2 Bank : union UNION BANK Check # Date Vendor 3765 04/10/2018 006887 UNION BANK OF CALIFORNIA (Continued) Description Amount Paid Check Total 001060 HYATT IG LODGING: LCW CONFERENCE 885.91 2/26-2/28 020611 THE UPS STORE CENTER 5143 IG POSTAGE FOR CONFIDENTIAL 6.90 MATERIAL 008668 WES FLOWERS IG SUNSHINE FUND 66.86 3767 04/10/2018 006887 UNION BANK OF CALIFORNIA 016691 VWNN.PAESSLER.COM MH LICENSE RENEWAL 99.36 017716 CLEVERBRIDGE INC MH LANSWEEPER SFTWR 995.00 SUBSCRIPTION 959.67 1,094.36 Paget apChkLst 04/19/2018 9:59:38AM Final Check List CITY OF TEMECULA Page: 3 Bank : union UNION BANK (Continued) Check # Date Vendor 3768 04/10/2018 006887 UNION BANK OF CALIFORNIA 008956 PANERA BREAD 018583 WHICH WICH 018583 WHICH WICH 018583 WHICH WICH 018583 WHICH WICH 000198 INTL COUNCIL OF SHOPPING, CENTERS INC 003751 RIVERSIDE CO EDUCATION OFFICE 018583 WHICH WICH 020602 AMERICAN MARKETING ASSOC 000484 CALIF ASSN FOR LOCAL ECONOMIC, DEVELOPMENT 019000 OMERTRI LLC, LAURENT'S LE COFFEE SHOP 006937 SOUTHWEST AIRLINES 018583 WHICH WICH 007744 SUPERSHUTTLE 015354 FACEBOOK.COM 018583 WHICH WICH 018583 WHICH WICH 019321 VISIT TEMECULA VALLEY 018583 WHICH WICH 018583 WHICH WICH 007282 AMAZON.COM, INC, SYNCB/AMAZON 3769 04/19/2018 010349 CALIF DEPT OF CHILD SUPPORT Description Amount Paid Check Total GB RFSHMNTS: YOUTH INNOVATORS PROGRAM GB YOUTH INNOVATORS PROGRAM 2/13 GB YOUTH INNOVATORS PROGRAM 2/13 GB RFRSHMNTS: PROJECT CONSTRUCT 2/13 GB RFRSHMNTS: PROJECT CONSTRUCT GB CONF REGISTRATION: COUNCILMEMBERS GB RIVCO STATE OF EDU ADDRESS: WALKER GB RFRSHMNTS: PROJECT CONSTRUCT GB PROFESSIONAL MEMBERSHIP: PUCKETT, K. GB INITIAL MEMBERSHIP: PUCKETT GB RFRSHMNTS: MTG ANIMAL FRIENDS OF VLY GB AIRFARE: ICSC CONFERENCE: PUCKETT, K. GB RFRSHMNTS: JR WOMEN'S STEM MTG 2/23 GB TRANSP: ICSC CONFERENCE: PUCKETT, K. GB FACEBOOKADVERTISEMENT GB RFRSHMTNS: PROJECT CONSTRUCT GB RFRSHMNTS: PROJECT CONSTRUCT 3/1 GB REGIST: XENIAAWARDS: GB RFRSHMNTS: PROJECT CONSTRUCT 3/6/18 GB RFRSHMNTS: PROJECT CONSTRUCT 3/6/18 GB SUPPLIES: WORKFORCE SUPPORT PAYMENT 3770 04/19/2018 000194 I C M A RETIREMENT -PLAN ICMA-RC RETIREMENT TRUST 457 303355 PAYMENT 82.96 61.20 97.88 49.92 166.40 3,850.00 40.00 151.72 315.00 847.50 20.18 231.96 346.50 23.60 31.11 45.90 151.72 40.00 45.90 139.50 34.99 1,008 45 6,773.94 1,008.45 8,170.71 8,170.71 Page:3 apChkLst Final Check List 04/19/2018 9:59:38AM CITY OF TEMECULA Page: 4 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 3771 04/19/2018 000444 INSTATAX (EDD) STATE TAXES PAYMENT 22,336.84 22,336.84 3772 04/19/2018 000283 INSTATAX (IRS) FEDERAL TAXES PAYMENT 75,605.89 75,605.89 3773 04/19/2018 000389 NATIONWIDE RETIREMENT OBRA- PROJECT RETIREMENT 2,644.74 2,644.74 SOLUTION PAYMENT 3774 04/19/2018 001065 NATIONWIDE RETIREMENT NATIONWIDE RETIREMENT PAYMENT 10,315.63 10,315.63 SOLUTION 3775 04/19/2018 019088 NATIONWIDE RETIREMENT NATIONWIDE LOAN REPAYMENT SOLUTION PAYMENT 3776 04/19/2018 000246 PERS (EMPLOYEES' EMPLOYEE PERS PAYMENT RETIREMENT) 188620 04/19/2018 020247 ACCOUNT MANAGEMENT COLLECTION FEE PER AGREEMENT SERVICES 188621 04/19/2018 015217 AIRGAS INC, DBAAIRGAS USA GAS FOR DRY ICE LLC EXPERIMENTS:PPW 188622 04/19/2018 001916 ALBERT A WEBB ASSOCIATES P/E 3/31 CFD ADMINISTRATION 188623 04/19/2018 003951 ALL AMERICAN ASPHALT ASPHALT PRODUCTS: CITYWIDE ASPHALT PRODUCTS: CITYWIDE 188624 04/19/2018 004240 AMERICAN FORENSIC NURSES PHLEBOTOMY SRVCS:TEMECULA (AFN) POLICE MAY STAND BY FEE 188625 04/19/2018 013950 AQUA CHILL OF SAN DIEGO PHLEBOTOMY SRVCS:TEMECULA POLIC APR DRINKING WATER SYSTEM: PW APR DRINKING WATER SYSTEM: MPSC APR DRINKING WATER SYSTEM: CIVIC C APR DRINKING WATER SYSTEM: JRC APR WATER SRVCS: INFO TECH 188626 04/19/2018 004623 AQUA SOURCE INC CHLORINE TABLETS: TES POOL 188627 04/19/2018 011954 BAKER & TAYLOR INC 442.44 442.44 95,074.95 95,074.95 80.53 12.89 80.53 12.89 36,573.02 36,573.02 381.25 187.74 255.00 1,248.00 480.00 28.28 34.75 183.71 28.28 28.28 568.99 1,983.00 303.30 489.92 489.92 BOOK COLLECTIONS:LIBRARY 491.46 BOOK COLLECTIONS:LIBRARY 17.30 BOOK COLLECTIONS:LIBRARY 207.83 BOOK COLLECTIONS:LIBRARY 169.03 188628 04/19/2018 013482 BAS SECURITY SECURITY SVCS:TCSD FACILITIES SECURITY SERVICES:TCSD FACILITIES 1,074.00 885.62 1,548.00 2,622.00 Page:4 apChkLst Final Check List 04/19/2018 9:59:38AM CITY OF TEMECULA Page: 5 Bank : union UNION BANK (Continued) Check # Date Vendor 188629 04/19/2018 015834 BOYER WAYNE E, DBA: MOTOPORT USA 188630 04/19/2018 004248 CALIF DEPT OF JUSTICE-ACCTING 188631 04/19/2018 001267 CALIF DEPT OF MOTOR VEHICLES Description Amount Paid Check Total MOTOR UNIFORM: HEFFLEY, A. FEB FINGERPRINTING:VAR DEPTS VEH REGISTRATION:FIREATV'S VEH REGISTRATION:FIREATV'S 188632 04/19/2018 004618 CALIF NARCOTIC OFFICERS '18 MEMBERSHIP: CALDERON & ASSN VARGAS 188633 04/19/2018 000131 CARL WARREN & COMPANY LIABILITY INSURANCE: RISK MGMT INC 188634 04/19/2018 020014 CASSON, G. AUSTIN ARTWORK PURCH:FALLEN HEROES MEMORIAL 2,082.60 2,082.60 5,403.00 5,403.00 52.00 52.00 104.00 200.00 200.00 1,106.00 1,106.00 11, 750.00 11, 750.00 188635 04/19/2018 004462 CDW LLC, DBA CDW COMPUTER EQUIP:HR 1,553.43 GOVERNMENT LLC MONITOR REPLACEMENT:ECONOMIC DI 728.30 188636 04/19/2018 000137 CHEVRON AND TEXACO, MAR 18 CITY VEHICLES FUEL: POLICE 2,208.70 BUSINESS CARD SERVICES DEPT 188637 04/19/2018 020025 CIVIL SOURCE, INC. 2,281.73 2,208.70 1/28-2/24/18 ENG SVCS: PW15-11 15,360.00 FEB PROJ MGMT SVCS-PW13-09 LIBRAF 4,800.00 20,160.00 188638 04/19/2018 020457 CLARITAS HOLDINGS INC, DBA ECON DEV: CLARITAS DATA REPORT 500.00 500.00 CLARITAS LLC 188639 04/19/2018 004405 COMMUNITY HEALTH EMPLOYEE CHARITY DONATIONS 4.00 4.00 CHARITIES PAYMENT 188640 04/19/2018 000442 COMPUTER ALERT SYSTEMS FIRE ALARM SVC: STAT 73 75.00 75.00 188641 04/19/2018 002945 CONSOLIDATED ELECTRICAL ELECTRICAL SUPPLIES: VAR PARKS 30.45 30.45 DIST 188642 04/19/2018 011922 CORELOGIC INC, DBA MAR PROPERTY ID SFTWR: CODE 306.50 306.50 CORELOGIC SOLUTIONS ENFORCEMENT 188643 04/19/2018 018564 CORSO, BREK REFUND:CREDIT ON ACCT:TCSD 247.00 247.00 188644 04/19/2018 004329 COSTCO TEMECULA #491 SUPPLIES:CULTURALARTS EVENTS 139.15 SUPPLIES:HUMAN SVCS 221.31 360.46 Page:5 apChkLst Final Check List 04/1912018 9:59:38AM CITY OF TEMECULA Page: 6 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 188645 04/19/2018 017542 COX, KRISTI LYN TCSD INSTRUCTOR EARNINGS 504.00 TCSD INSTRUCTOR EARNINGS 235.20 TCSD INSTRUCTOR EARNINGS 268.80 1,008.00 188646 04/19/2018 010650 CRAFTSMEN PLUMBING & PLUMBING REPAIR: STA 92 338.93 HVAC INC PLUMBING REPAIR: STA73 225.56 564.49 188647 04/19/2018 020105 CUMBERBATCH, JAMAL TCSD INSTRUCTOR EARNINGS 315.00 315.00 188648 04/19/2018 001393 DATA TICKET INC MAR PARKING CITATION 894.03 894.03 PROCESSING:POLICE 188649 04/19/2018 012600 DAVID EVANS & ASSOCIATES 2/4-3/3 ENG SVC: PW08-04 6,200.35 6,200.35 INC 188650 04/19/2018 002990 DAVID TURCH & ASSOCIATES APR 18 FEDERAL LOBBYING SVCS 3,500.00 3,500.00 188651 04/19/2018 003945 DIAMOND ENVIRONMENTAL SRVCS PORTABLE RESTROOM RENTALS: LONG CANYON P PORTABLE RESTROOM RENTALS: RIVEF PORTABLE RESTROOM RENTALS: LA SE PORTABLE RESTROOM RENTALS: VAIL F CREDIT: BILLED INCORRECTLY 188652 04/19/2018 018247 DOKKEN ENGINEERING FEB & MAR DSGN SVCS: PW15-07 188653 04/19/2018 000523 EASTERN MUNICIPAL WATER INSPECT PER UTILITYAGREEMNT DIST 23317 55.08 55.08 55.08 55.08 -7.05 213.27 6,100.00 6,100.00 7,000.00 7,000.00 188654 04/19/2018 002390 EASTERN MUNICIPAL WATER MAR WATER METER:39656 DIEGO DR 144.64 DIST 188655 04/19/2018 019681 EJK CORPORATION, DBA: BEST BAG COMPANY MAR WATER METER:32131 S LOOP RD C 49.91 MAR WATER METER:32131 S LOOP RD B 159.86 MAR WATER METER:32131 S LOOP RD L 189.64 544.05 PET WASTE BAGS: VARIOUS PARKS 1,507.56 1,507.56 188656 04/19/2018 011292 ENVIRONMENTAL SCIENCE EIR FOR PROPOSED ALTAIR SPECIFIC 29,540.34 ASSOC PLAN OCTOBER '17 EIR: ALTAIR 28,417.31 57,957.65 188657 04/19/2018 020608 ESCALERA, GABRIEL REFUND:SEC DEP:RM RENTAL:TCC 150.00 150.00 188658 04/19/2018 000164 ESGIL CORPORATION 188659 04/19/2018 001056 EXCEL LANDSCAPE INC FEB PLAN CHECK SVCS 23,434.96 JAN PLAN CHECK SVCS 30,220.36 53,655.32 IRRIGATION REPAIRS: VARIOUS 87.82 87.82 MEDIANS Page apChkLst 04/19/2018 9:59:38AM Final Check List CITY OF TEMECULA Page: 7 Bank : union UNION BANK (Continued) Check # Date Vendor 188660 04/19/2018 000165 FEDERAL EXPRESS INC 188661 04/19/2018 003747 FINE ARTS NETWORK 188662 04/19/2018 019016 FLEETCREW INC, DBA FLEETCREW 188663 04/19/2018 004882 FORTEL TRAFFIC INC 188664 04/19/2018 002982 FRANCHISE TAX BOARD 188665 04/19/2018 014865 FREIZE UHLER KIMBERLY DBA, CLEAR BLUE PROMOTIONS 188666 04/19/2018 018858 FRONTIER CALIFORNIA INC 188667 04/19/2018 016184 FUN EXPRESS, LLC, SUBSIDIARY OF ORIENTAL TR 188668 04/19/2018 013076 GAUDET YVONNE M, DBA YES YOU CAN DRAW 188669 04/19/2018 015506 GIFTING GROUP, THE 188670 04/19/2018 000177 GLENNIES OFFICE PRODUCTS INC 188671 04/19/2018 009608 GOLDEN VALLEY MUSIC SOCIETY, DBA CA CHAMBER ORCHESTRA 188672 04/19/2018 000186 HANKS HARDWARE INC 188673 04/19/2018 012748 HARDY & HARPER INC Description Amount Paid Check Total 3/30 EXP MAIL SVCS: CIP STTLMNT: BEAUTY & THE BEAST 3/23-4/8/18 VEHICLE REPAIRS & MAINTENANCE SOLAR CONTROLLER, MORNINGSTAR PROSTAR SUPPORT PAYMENT PROMO ITEMS: ECON DEV APR INTERNET SVCS:TCC APR INTERNET SVCS:C. MUSEUM, GIFT APR INTERNET SVCS:EXT DMV INET LIN SUPPLIES:VARIOUS EVENTS TCSD INSTRUCTOR EARNINGS PROMO ITEM:EDC GOLF TOURNAMENT MISC. OFC SUPPLIES: ECO DEV MISC OFC SUPPLIES: WORKFORCE DE/ RETURN: FIRE OFC SUPPLIES MISC. OFFICE SUPPLIES - STA 84 STTLMNT: LETS DANCE 4/7/18 SMALL TOOLS & EQUIP:B&S DEPT REPLACE ASPHALT: GENERAL KEARNY RD. 188674 04/19/2018 003198 HOME DEPOT MAINT SUPPLIES: VARIOUS FACILITIES 65.86 40,260.68 306.25 190.31 260.00 551.35 146.98 126.98 107.84 334.82 168.00 120.00 869.93 47.64 -65.77 147.36 1,080.97 20.64 54,810.00 65.86 40,260.68 306.25 190.31 260.00 551.35 381.80 334.82 168.00 120.00 999.16 1,080.97 20.64 54,810.00 84.43 84.43 Page:7 apChkLst Final Check List 04/19/2018 9:59:38AM CITY OF TEMECULA Page: 8 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 188675 04/19/2018 017334 HOUSE OF AUTOMATION INC BAY DOOR REPAIR: STA84 188676 04/19/2018 003624 HOWELL ANN MARIE GRAPHIC DESIGN: BANNERS FOR ECO DEV 188677 04/19/2018 016564 IMPACT TELECOM MAR 800 SERVICES:CIVIC CENTER 188678 04/19/2018 001407 INTER VALLEY POOL SUPPLY INC POOL CHEMICAL SUPPLIES: VAR POOLS 188679 04/19/2018 012152 J J KELLER &ASSOCIATES INC IG FMLA ESSENTIALS PUBLICATIONS 188680 04/19/2018 019835 JDS CREATIVE ACADEMY REFUND:SEC DEP:RM RENTAL:CONF CTR A/B 188681 04/19/2018 017118 KRACH BREE B, DBA SCIENCE & INNOV RIBBONS: ECO DEV 42.41 42.41 TEMECULA TROPHY & DES 188682 04/19/2018 013826 MALL MEDIA INC MISC. SUPPLIES:SPECIAL EVENTS 725.12 725.12 198.00 198.00 3,231.50 3,231.50 57.06 57.06 582.36 582.36 585.08 585.08 200.00 200.00 188683 04/19/2018 014431 MARTLAND, BETTE B ART PURCHASE:SISTER CITY 700.00 700.00 188684 04/19/2018 000944 MCCAIN TRAFFIC SUPPLY INC TRAFFIC SFTWR MAINT RENEWAL:PW 8,500.00 8,500.00 188685 04/19/2018 018314 MICHAEL BAKER 1/29-2/25 ENG & SURVEY 1,484.17 1,484.17 INTERNATIONAL SVCS-PW17-28 188686 04/19/2018 013443 MIDWEST TAPE LLC BOOKS/COLLECTIONS:LIBRARY 39.25 39.25 188687 04/19/2018 016445 MKB PRINTING & PROMOTIONAL INC, DBA MINUTEMAN PRESS BUSINESS CARDS:TEMECULA POLICE 51.16 51.16 188688 04/19/2018 019019 MUSIC CONNECTION LLC STTLMNT: "SPEAKEASY AT THE MERG' 443.10 443.10 4/14 188689 04/19/2018 002925 NAPA AUTO PARTS AUTO PARTS: SQUAD 92 130.07 130.07 188690 04/19/2018 020607 NARANJO, LAURA REFUND:SEC DEP:RM RENTAL:TCC 149.45 149.45 188691 04/19/2018 015164 NATURES IMAGE INC MAR PECHANGA PKWY ENVIRON 400.26 400.26 MITIGATION Page:8 apChkLst Final Check List 04/19/2018 9:59:38AM CITY OF TEMECULA Page: 9 Bank : union UNION BANK (Continued) Check # Date Vendor 188692 04/19/2018 001323 NESTLE WATERS NORTH AMERICA, DBA READYREFRESH Description Amount Paid Check Total 2/23-3/22 WTR DELIV SVC: SKATE 8.61 PARK 2/23-3/22 WTR DELIV SVC PBSP 75.50 2/23-3/22 WTR DELIV SVC. IWTCM 38.23 2/23-3/22 WTR DELIV SVC: CRC 74.74 2/23-3/22 WTR DELIV SVC: TVM 31.16 2/23-3/22 WTR DELIV SVC: LIBRARY 87.42 2/23-3/22 WTR DELIV SVC: MRC 43.70 2/23-3/22 WTR DELIV SVC: OTTT 50.53 2/23-3/22 WTR DELIV SVC: TCC 22.31 2/23-3/22 WTR DELIV SVC: FOC 150.29 188693 04/19/2018 003964 OFFICE DEPOT BUSINESS SVS OFFICE SUPPLIES:HR DIV 582.49 48.93 48.93 188694 04/19/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PW 163.37 TRAFFIC CITY VEHICLE MAINT SVCS:PW STREET 6,429.28 188695 04/19/2018 002105 OLD TOWN TIRE AND SERVICE CITY VEHICLE MAINT SVCS:PARK 42.97 RANGER 188696 04/19/2018 002800 PACIFIC STRIPING INC ON-CALL STRIPING SERVICES: PW TRAFFIC 188697 04/19/2018 020544 PARKHOUSE TIRE SERVICE TIRE STOCK FOR REPLACEMENTS: INC PW MAINT 188698 04/19/2018 012818 PLANETBIDS INC ONLINE BID SYSTEM RENEWAL:INFO TECH 188699 04/19/2018 002354 POSITIVE PROMOTIONS INC VOLUNTEER RECOGNITION:LIBRARY 1,032.95 1,032.95 188700 04/19/2018 020605 PRIBYL, CASSIE REFUND:CREDIT ON ACCT:TCSD 45.00 45.00 6,592.65 42.97 2,363.25 2,363.25 4,748.84 4,748.84 24,500.00 24,500.00 188701 04/19/2018 014379 PROFESSIONAL IMAGE BANNER PROGRAM: ECON DEV 1,800.90 1,800.90 ADVERTISING, DBA EXTREME SIGNSGRAPHICS 188702 04/19/2018 020127 QUINN COMPANY RENTAL EQUIPMENT: PW STREETS MAINT 1,603.76 1,603.76 Page9 apChkLst 04/1912018 9:59:38AM Final Check List CITY OF TEMECULA Page: 10 Bank : union UNION BANK (Continued) Check # Date Vendor 188703 04/19/2018 000262 RANCHO CALIF WATER DISTRICT 188704 04/19/2018 000947 RANCHO REPROGRAPHICS 188705 04/19/2018 002412 RICHARDS WATSON AND GERSHON 188706 04/19/2018 000411 RIVERSIDE CO FLOOD CONTROL AND, WATER CONSERVATION DIST 188707 04/19/2018 014591 ROLDAN COMPANIES INC DBA, CREATIVE REALM ENTERTAIN 188708 04/19/2018 004274 SAFE AND SECURE LOCKSMITH SRVC 188709 04/19/2018 009980 SANBORN GWYNETH A, CO TEMECULA MUSIC ACADEMY 188710 04/19/2018 017699 SARNOWSKI SHAWNA M PRESTON 188711 04/19/2018 009213 SHERRY BERRY MUSIC 188712 04/19/2018 000645 SMART AND FINAL INC Description Amount Paid Check Total APR VAR WATER METERS:PW OLD TOWN APR VAR WATER METERS:PWJRC APR VAR WATER METERS:PW MAINT APR VAR WATER METERS:PW VAR SITE: APR VAR WATER METERS:TCSD SVC LE APR VAR WATER METERS:PW FAC APR VAR WATER METERS:FIRE STNS MAR WATER METER:28640 PUJOL ST APR LNDSCP WATER METER:PWCIP REPROGRAPHIC SVC:FALLEN HEROES MEMORIAL REPROGRAPHIC SVC:SIDEWALKS - YNE REPROGRAPHIC SVC:SIDEWALKS - 6TH FEB 2018 LEGAL SERVICES DEPOSIT:PW08-04 ENCROACHMENT PERMIT DEPOSITNIDEOTAPING SRVCS:EVERY 15 MIN LOCKSMITH SRVCS: SKATE PARK COUNTRY LIVE! @ THE MERC 4/7/18 PHOTOGRAPHY: LIGHT IT UP BLUE 2018 JAZZ @ THE MERC 4/12/18 JAZZ @ THE MERC 4/5/18 552.80 172.33 223.41 1,115.43 12,806.95 3,807.74 631.97 10.46 52.57 47.26 15.66 26.10 148,902.94 3,000.00 1,750.00 23.00 472.50 150.00 609.00 489.30 MISC SUPPLIES:SPECIAL GAMES 131.46 REFRESHMENTS:APR ART OFF THE WAI 19,373.66 89.02 148,902.94 3,000.00 1,750.00 23.00 472.50 150.00 1,098.30 71.47 202.93 Page:10 apChkLst 04/19/2018 9:59:38AM Final Check List CITY OF TEMECULA Page: 11 Bank : union UNION BANK (Continued) Check # Date Vendor 188713 04/19/2018 000537 SO CALIF EDISON 188714 04/19/2018 001212 SO CALIF GAS COMPANY 188715 04/19/2018 000519 SOUTH COUNTY PEST CONTROL INC 188716 04/19/2018 019997 SPURLOCK LANDSCAPE ARCHITECTS 188717 04/19/2018 000293 STADIUM PIZZA INC 188718 04/19/2018 001546 STRAIGHT LINE GLASS AND MIRROR, COMPANY INC 188719 04/19/2018 020603 TEMECULA LITTLE LEAGUE 188720 04/19/2018 017295 TEMECULA PIZZA FACTORY 188721 04/19/2018 004209 TEMECULA SUNRISE ROTARY, FOUNDATION Description Amount Paid Check Total MAR 2-30-608-9384:28582 HARVESTON DR MAR 2-20-798-3248:42081 MAIN ST MAR 2-39-043-8521:29028 OT FRONT ST MAR 2-36-531-7916:44205 MAIN ST PED MAR 2-35-421-1260:41955 4TH ST LS3 MAR 2-27-805-3194:42051 MAIN ST MAR 2-05-791-8807:31587 TEM PKWY LS: MAR 2-39-737-1063:42061 MAIN ST MAR 2-10-331-2153:28816 PUJOL ST MAR 2-29-479-2981:31454 TEM PKWY MAR 2-29-974-7899:26953 YNEZ RD LS3 MAR 2-30-066-2889:30051 RANCHO VISTT MAR 2-36-122-7820:31777 DEPORTOLA R MAR 2-25-350-5119:45602 REDHAWK PKV MAR 2-31-936-3511:46488 PECHANGA PK MAR 2-27-560-0625:32380 DEERHOLLOVI MAR 2-29-657-2563:42902 BUTTERFIELD MAR 2-29-458-7548:32000 RANCHO CAL MAR 2-36-171-5626:BUTTERFIELD/LA SEI MAR 2-01-202-7330:VARIOUS LS -1-E MAR 2-40-380-2424:40750 BUTTERFIELD MAR 2-31-031-2590:28301 RANCHO CAL MAR 2-02-351-5281:30875 RANCHO VISTi MAR 091-085-1632-0:41951 MORAGA/POOL PEST CONTROL SERVICES: STA 92 PEST CONTROL SERVICES: STA 95 MAR CONSULTING SRVCS:UPTOWN TEMECULA SUPPLIES:SKATE PARK DOOR REPAIR: LIBRARY REFUND:SEC DEP:SNACK BAR DEPOSIT REFRESHMENTS:TEEN GYM EVENT 3/23 APR -JUN BUS BENCH PLACEMENT& MAINT 391.16 1,121.13 26.08 111.97 15.89 2,981.50 8,727.92 43.13 755.69 104.75 167.76 25.18 25.02 27.26 48.74 2,800.30 193.62 268.50 25,040.01 74,202.83 92.20 19.09 3,770.27 1,325.23 42.00 80.00 1,058.32 154.10 4,030.58 200.00 92.63 120,960.00 1,325.23 122.00 1,058.32 154.10 4,030.58 200.00 92.63 2,093.75 2,093.75 Page:11 apChkLst Final Check List 04/19/2018 9:59:38AM CITY OF TEMECULA Page: 12 Bank : union UNION BANK (Continued) Check # Date Vendor Description Amount Paid Check Total 188722 04/19/2018 016311 TIERCE, NICHOLAS GRAPHIC DESIGN SRVCS:THEATER 188723 04/19/2018 010276 TIME WARNER CABLE APR HIGH SPEED INTERNET:32364 OVERLAND 188724 04/19/2018 019389 US TRANSPORT & LOGISTICS TOWING SERVICES: TEMECULA INC, DBA DJ'S TOWING POLICE 188725 04/19/2018 018147 WADDLETON, JEFFREY L. DJ/ANNOUNCER SRVCS:HARV. PRK EGG HUNT 188726 04/19/2018 020275 WALLACE & ASSOC 3/5-4/1 CONSTR MGMT:TEM. PARK & CONSULTING INC RIDE 188727 04/19/2018 020511 WEST COAST TRAINING EXCURSION:SENIOR CENTER CENTER 188728 04/19/2018 013794 YOUNG, KELLY COMPUTER SOFTWARE: POLICE 2,835.00 2,835.00 54.99 54.99 235.00 235.00 340.00 340.00 19,149.00 19,149.00 500.00 500.00 209.00 209.00 Grand total for UNION BANK: 947,409 86 Page:12 apChkLst Final Check List 04/19/2018 9:59:38AM CITY OF TEMECULA Page: 13 124 checks in this report. Grand Total All Checks. 947,409.86 Page:13 Item No. 4 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Jennifer Hennessy, Director of Finance DATE: May 8, 2018 SUBJECT: Approve the Cooperative Agreement with the County of Riverside to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for Fiscal Years 2018-19 through 2020-21 PREPARED BY: Jennifer Hennessy, Director of Finance RECOMMENDATION: That the City Council: 1. Approve the Cooperative Agreement with the County of Riverside to provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Temecula; 2. Designate the City Manager as "Contract Administrator," in accordance with Section E. of the Cooperative Agreement with the County of Riverside to provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Temecula. BACKGROUND: Since the City of Temecula's incorporation, Fire/EMS services have been provided through a Cooperative Fire Service Agreement to provide fire protection, fire prevention, rescue, fire marshal and medical aid with the County of Riverside. The current Cooperative Agreement expires June 30, 2018. The County has created a revised contract template that has been reviewed and approved by the City Attorney. The Cooperation Agreement is for the three-year term July 1, 2018 through June 30, 2021. Also provided is the schedule of contract staffing costs (Exhibit "A") for the three-year period. Staffing levels will remain at the 4 -person per engine standard. This may be amended with 120 days written notification, if an increase or a reduction in services is desired, however service levels may not fall below the County Board of Supervisors approved staffing level for any fire station (3 -person per engine). Amendments to contract staffing (Exhibit "A") can be negotiated with the Riverside County Fire Chief and the City Manager, as the City's designated "Contract Administrator." Total Fire Contract costs, as projected by the County, are as follows: Fiscal Year Estimated Annual Cost Less: Fire Tax Credit Cost to City 2018-19 $17,199,210 ($8,344,749) $8,854,461 2019-20 $18,074,881 ($8,344,749) $9,730,132 2020-21 $18,957,813 ($8,344,749) $10,613,064 FISCAL IMPACT: The estimated Cost to the City for the Fire Contract, adjusted for annual changes in the Fire Tax Credit, will be requested in subsequent Fiscal Years' Annual Operating Budgets. ATTACHMENTS: Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshal and Medical Emergency Services for the City of Temecula. A COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE, FIRE MARSHAL AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA THIS AGREEMENT, made and entered into this day of 2018, by and between the County of Riverside, a political subdivision of the State of California, on behalf of the Fire Department, (hereinafter referred to as "COUNTY") and the City of Temecula a duly created city, (hereinafter referred to as "CITY"), whereby it is agreed as follows: SECTION I: PURPOSE The purpose of this Agreement is to arrange for COUNTY, through its Cooperative Fire Programs Fire Protection Reimbursement Agreement ("CAL FIRE Agreement") with the California Department of Forestry and Fire Protection ("CAL FIRE") to provide CITY with fire protection, hazardous materials mitigation, technical rescue response, disaster preparedness and response, fire marshal, medical emergency services, and public service assists (hereinafter called "Fire Services"). The disaster preparedness and response is provided by Riverside County Emergency Management Department. This Agreement is entered into pursuant to the authority granted by Government Code Sections §55600 et seq., and will provide a unified, integrated, cooperative, regional fire protection system. COUNTY's ability to perform under this Agreement is subject to the terms and conditions of the CAL FIRE Agreement. SECTION II: DESIGNATION OF FIRE CHIEF A. The County Fire Chief appointed by the Board of Supervisors, or his designee, (hereinafter referred to as "Chief') shall represent COUNTY and CITY during the period of this Agreement and Chief shall, under the supervision and direction of the County Board of Supervisors, have charge of the organization described in Exhibit "A", attached hereto and made a part hereof, for the purpose of providing Fire Services as deemed necessary to satisfy the needs of both the COUNTY and CITY, except upon those lands wherein other agencies of government have responsibility for the same or similar Fire Services. B. The COUNTY will assign an existing Chief Officer as the Fire Department Liaison ("Fire Liaison"). The Chief may delegate certain authority to the Fire Liaison, as the Chief's duly authorized designee and the Fire Liaison shall be responsible for directing the Fire Services provided to CITY as set forth in Exhibit "A". C. COUNTY will be allowed flexibility in the assignment of available personnel and equipment in order to provide the Fire Services as agreed upon herein. Cooperative Fire Agreement City of Temecula July 1, 2018 to June 30, 2021 1 of 8 SECTION 111: PAYMENT FOR SERVICES A. CITY shall annually appropriate a fiscal year budget to support the Fire Services designated at a level of service mutually agreed upon by both parties and as set forth in Exhibit "A" for the term of this Agreement. This Exhibit may be amended in writing by mutual agreement by both parties or when a CITY requested increase or reduction in services is approved by COUNTY. B. COUNTY provides fire personnel and services through its CAL FIRE Agreement. In the event CITY desires an increase or decrease in CAL FIRE or COUNTY civil service employees or services assigned to CITY as provided for in Exhibit "A," CITY shall provide one hundred twenty (120) days written notice of the proposed, requested increase or decrease. Proper notification shall include the following: (1) The total amount of increase or decrease; (2) The effective date of the increase or decrease; and (3) The number of employees, by classification, affected by the proposed increase or decrease. If such notice is not provided, CITY shall reimburse COUNTY for relocation costs incurred by COUNTY because of the increase or decrease, in addition to any other remedies available resulting from the increase or decrease in services. COUNTY is under no obligation to approve any requested increase or decrease, and it is expressly understood by the parties that in no event will COUNTY authorize or approve CITY's request to reduce services below the COUNTY Board of Supervisors approved staffing level for any fire station, or to reduce services to the extent that the services provided under this Agreement are borne by other jurisdictions. COUNTY shall render a written decision on whether to allow or deny the increase or decrease within thirty (30) days of the notice provided pursuant to this section. C. CITY shall pay COUNTY actual costs for Fire Services pursuant to this Agreement. COUNTY shall make a claim to CITY for the actual cost of contracted services, pursuant to Exhibit "A," on a quarterly basis. The COUNTY is mandated per Government Code Section §51350 for full cost recovery. CITY shall pay each claim, in full, within thirty (30) days after receipt thereof. D. Any changes to the salaries or expenses set forth in Exhibit "A" made necessary by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes in the level of salaries or expenses, shall be paid from the funds represented as set forth in Exhibit "A." The CITY is obligated to expend or appropriate any sum in excess of Exhibit "A" increased by action of the Legislature, CAL FIRE, or any other public agency with authority to direct changes. If within thirty (30) days after notice, in writing, from COUNTY to CITY that the actual cost of maintaining the services specified in Exhibit "A" as a result of action by the Legislature, CAL -FIRE, or other public agency will exceed the total amount specified therein, and CITY has not agreed to make available the necessary additional funds, COUNTY shall have the right to unilaterally reduce the services furnished under this Agreement by an appropriate amount and shall promptly notify CITY, in writing, specifying the services to be reduced. Any COUNTY or CAL -FIRE personnel reduction resulting solely due to an increase in employee salaries or expenses occurring after signing this Agreement and set forth in Cooperative Fire Agreement City of Temecula July 1, 2018 to June 30, 2021 2 of 8 Exhibit "A" that CITY does not agree to fund, as described above, shall not be subject to relocation expense reimbursement by CITY. If CITY desires to add funds to the total included herein to cover the cost of increased salaries or services necessitated by actions described in this paragraph, such increase shall be accomplished by an additional appropriation by the City Council of CITY, and an amendment to Exhibit "A" approved by the parties hereto. E. Chief may be authorized to negotiate and execute any amendments to Exhibit "A" of this Agreement on behalf of COUNTY as authorized by the Board of Supervisors. CITY shall designate a "Contract Administrator" who shall, under the supervision and direction of CITY, be authorized to execute amendments to Exhibit "A" on behalf of CITY. F. [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "B" are incorporated herein and shall additionally apply to this agreement regarding payment of services. G. [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "C" are incorporated herein and shall additionally apply to this agreement regarding payment for the Fire Engine Use Agreement. H. [ X ] (Check only if applicable, and please initial to acknowledge) Additional terms as set forth in the attached Exhibit "D" are incorporated herein and shall additionally apply to this agreement regarding payment for Fire Marshall Services. Notwithstanding Paragraph G, as it relates to the Fire Engine Use Agreement, herein if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding payment of services. In the event that a fire engine, owned and maintained by the CITY has a catastrophic failure, the COUNTY Fire Chief may allow use of a COUNTY fire engine, free of charge up to one hundred twenty (120) days. After the initial one hundred twenty (120) days, a rental fee will be applied to the CITY invoice for use of said COUNTY fire engine. The rental fee shall be One Thousand Four Hundred Thirteen Dollars ($1,413) per day; or Nine Thousand Eight Hundred Ninety -Six Dollars ($9,896) per week. J. Notwithstanding Paragraph H, as it relates to Fire Marshal services herein, if applicable, additional terms as set forth are incorporated herein and shall additionally apply to this agreement regarding Fire Marshal services. In the event the CITY elects not to use Fire Marshal services outlined in Paragraph H (Exhibit D), the services must be provided by the COUNTY Office of the Fire Marshal pursuant to Health and Safety Code sections 13145 and 13146 and at a cost to the developer as outlined in COUNTY Ordinance 671(Establishing Consolidated Fees For Land Use and Related Functions). SECTION IV: INITIAL TERM AND AMENDMENT A. The term of this Agreement shall be from July 1, 2018, to June 30, 2021. Cooperative Fire Agreement City of Temecula July 1, 2018 to June 30, 2021 3 of 8 B. One (1) year prior to the date of expiration of this Agreement, CITY shall give COUNTY written notice of whether CITY intends to enter into a new Agreement with COUNTY for Fire Services and, if so, whether CITY intends to request a change in the level of Fire Services provided under this Agreement. SECTION V: TERMINATION During the terms of this Agreement, this Agreement may only be terminated by the voters of either the COUNTY or the CITY pursuant to Government Code §55603.5. SECTION VI: COOPERATIVE OPERATIONS All Fire Services contemplated under this Agreement shall be performed by both parties to this Agreement working as one unit; therefore, personnel and/or equipment belonging to either CITY or COUNTY may be temporarily dispatched elsewhere from time to time for mutual aid. SECTION VII: MUTUAL AID Pursuant to Health and Safety Code Sections 13050 et seq., when rendering mutual aid or assistance, COUNTY may, at the request of CITY, demand payment of charges and seek reimbursement of CITY costs for personnel, equipment use, and operating expenses as funded herein, under authority given by Health and Safety Code Sections 13051 and 13054. COUNTY, in seeking said reimbursement pursuant to such request of CITY, shall represent the CITY by following the procedures set forth in Health and Safety Code Section 13052. Any recovery of CITY costs, less actual expenses, shall be paid or credited to the CITY, as directed by CITY. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Sections 13051 and 3054 to the officer designated by CITY. SECTION VIII: SUPPRESSION COST RECOVERY As provided in Health and Safety Code Section 13009, COUNTY may bring an action for collection of suppression costs of any fire caused by negligence, violation of law, or failure to correct noticed fire safety violations. When using CITY equipment and personnel under the terms of this Agreement, COUNTY may bring such an action for collection of costs incurred by CITY and the COUNTY. In such a case CITY appoints and designates COUNTY as its agent in said collection proceedings. In the event of recovery, COUNTY shall apportion the recovered amount via the annual Cost Allocation Plan. This recovery does not include CITY resources outside of this Cooperative Agreement. Those resources would require the CITY to obtain cost recovery directly. In all such instances, COUNTY shall give timely notice of the possible application of Health and Safety Code Section 13009 to the officer designated by CITY. Cooperative Fire Agreement City of Temecula July 1, 2018 to June 30, 2021 4 of 8 SECTION IX: PROPERTY ACCOUNTING All personal property provided by CITY and by COUNTY for the purpose of providing Fire Services under the terms of this Agreement shall be marked and accounted for in such a manner as to conform to the standard operating procedure established by the COUNTY for the segregation, care, and use of the respective property of each. SECTION X: FACILITY CITY shall provide Fire Station(s), strategically located to provide standard response time within the City of Temecula from which fire operations shall be conducted. If the Fire Station(s) are owned by the CITY, the CITY shall maintain the facilities at CITY's cost and expense. In the event CITY requests COUNTY to undertake repairs or maintenance costs or services, the costs and expenses of such repairs or maintenance shall be reimbursed to COUNTY through the Support Services Cost Allocation, or as a direct Invoice to the CITY. SECTION XI: INDEMNIFICATION AND HOLD HARMLESS To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITY, its agencies, districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the Services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Liabilities with respect to which COUNTY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. To the fullest extent permitted by applicable law, CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "Indemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder, by CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of CITY its officers, employees, subcontractors, agents, or representatives (collectively, "Liabilities"). Notwithstanding the foregoing, the only Cooperative Fire Agreement City of Temecula July 1, 2018 to June 30, 2021 5 of 8 Liabilities with respect to which CITY's obligation to indemnify, including the cost to defend, the Indemnitees does not apply is with respect to Liabilities resulting from the negligence or willful misconduct of an Indemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement. SECTION XII: AUDIT A. COUNTY and CITY agree that their designated representative shall have the right to review and to copy any records and supporting documentation of the other party hereto, pertaining to the performance of this Agreement. COUNTY and CITY agree to maintain such records for possible audit for a minimum of three (3) years after final payment, unless a longer period of records retention is stipulated or as required by law, and to allow the auditor(s) of the other party access to such records during normal business hours COUNTY and CITY agree to a similar right to audit records in any subcontract related to performance of this Agreement. (Gov. Code §8546.7, Pub. Contract Code §10115 et seq., CCR Title 2, Section 1896). B. Each party shall bear their own costs in performing a requested audit. SECTION XIII: DISPUTES CITY shall select and appoint a "Contract Administrator" who shall, under the supervision and direction of CITY, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITY has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITY and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a "reasonable period of time" shall be ten (10) calendar days or less. CITY and COUNTY agree to continue with the responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITY and COUNTY representatives may be resolved, by mutual agreement of the parties, through mediation. Such mediator will be jointly selected by the parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the parties cannot agree to mediation, the parties reserve the right to seek remedies as provided by law or in equity. The parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this agreement and this venue at arm's length. Pursuant to this Agreement, the parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County. Cooperative Fire Agreement City of Temecula July 1, 2018 to June 30, 2021 6 of 8 Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CalFire employees, to the extent permissible under the COUNTY's contract with CalFire, the claims will be forwarded on to CalFire for processing. SECTION XIV: ATTORNEY'S FEES If CITY fails to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available. In the event of litigation between COUNTY and CITY to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party's costs and expenses, including reasonable attorneys' fees, all of which shall be included in and as a part of the judgment rendered in such litigation. SECTION XV: DELIVERY OF NOTICES Any notices to be served pursuant to this Agreement shall be considered delivered when deposited in the United States mail and addressed to: COUNTY OF RIVERSIDE Riverside County Fire Chief 210 West San Jacinto Avenue Perris, CA 92570 CITY OF TEMECULA City Manager City of Temecula 41000 Main Street Temecula, CA 92590 Provisions of this section do not preclude any notices being delivered in person to the addresses shown above. Delivery in person shall constitute service hereunder, effective when such service is made. SECTION XVI: ENTIRE CONTRACT This Agreement contains the whole contract between the parties for the provision of Fire Services. It may be amended or modified upon the mutual written consent of the parties hereto where in accordance with applicable state law. This Agreement does NOT supplement other specific agreements entered into by both parties for equipment or facilities, and excepting those equipment or facilities agreements, this Agreement cancels and supersedes any previous agreement for the same or similar services. [Signature Provisions on following page] Cooperative Fire Agreement City of Temecula July 1, 2018 to June 30, 2021 7 of 8 IN WITNESS WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written. CITY OF TEMECULA Dated: By: Matt Rahn, Mayor ATTEST: APPROVED AS TO FORM: By: By: Randi Johl, City Clerk Peter Thorson, City Attorney (SEAL) COUNTY OF RIVERSIDE Dated: By: Chairman, Board of Supervisors ATTEST: KECIA HARPER-IHEM Clerk of the Board APPROVED AS TO FORM: GREGORY P. PRIAMOS, County Counsel By: By: Deputy GREGORY P. PRIAMOS County Counsel (SEAL) Cooperative Fire Agreement City of Temecula July 1, 2018 to June 30, 2021 8 of 8 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA ESTIMATE DATED MARCH 27, 2018 FOR FY2018/2019 THROUGH FY2020/2021 CITY BUDGET ESTIMATES (with Tax Credit) FISCAL YEAR 2018/2019 $8,854,461 FISCAL YEAR 2019/2020 $9,730,132 FISCAL YEAR 2020/2021 $10,613,064 TOTAL CITY BUDGET ESTIMATES FOR FY2018/2019 - FY2020/2021 $29,197,658 CITY BUDGET ESTIMATES (without Tax Credit) FISCAL YEAR 2018/2019 $17,199,210 FISCAL YEAR 2019/2020 $18,074,881 FISCAL YEAR 2020/2021 $18,957,813 TOTAL CITY BUDGET ESTIMATES FOR FY2018/2019 - FY2020/2021 $54,231,905 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA ESTIMATE DATED MARCH 27, 2018 FOR FY 2018/2019 *See notation below for estimate assumptions CAPTAIN'S STA #12 Medic Engine 457,571 2 STA #73 Medic Engine 457,571 2 (Truck Co.) 686,356 3 STA #84 Medic Engine 457,571 2 STA #92 Medic Engine 457,571 2 STA #95 Medic Engine 457,571 2 Fixed Relief 228,785 1 Vac. Relief - Engine 228,785 1 SUBTOTALS 3.431,782 CAPTAIN'S MEDICS ENGINEER'S ENGINEER MEDICS FF II'S FF II MEDICS TOTALS 401,184 2 352,203 2 394,254 2 1,605.211 8 200,592 1 223,938 1 352,203 2 394,254 2 1.628.557 8 601,775 3 528,304 3 591.381 3 2.407.817 12 254,596 1 401,184 2 352,203 2 394,254 2 1,859,807 9 200,592 1 223,938 1 352,203 2 394,254 2 1.628.557 8 200,592 1 223,938 1 352,203 2 394,254 2 1.628.557 8 223,938 1 176,101 1 197,127 1 200,592 1 447,876 2 352,203 2 197,127 1 254,596 2,206,510 SUBTOTAL STAFF 15 1 BATTALION CHIEF FIRE SAFETY SUPERVISOR (PCN 110077) FIRE SAFETY SPECIALIST (PCN 00006966 & PCN 00123555) FIRE SYSTEMS INSPECTOR (PCN 00123830) SUBTOTAL ESTIMATED SUPPORT SERVICES Administrative/Operational Volunteer Program Medic Program Fleet Support ECC Support Comm/IT Support Hazmat Support ESTIMATED SUPPORT SERVICES SUBTOTAL 1,343,628 2,817,622 11 6 268,046 153,799 144,085 124,995 22,007 7,286 60,561 each each each each 2,956,903 16 per assigned Staff " Per Entity Allocation Medic FTE/Defib Basis per Fire Suppression Equip Calls/Station Basis Calls/Station Basis ESTIMATED DIRECT CHARGES FIRE ENGINE USE AGREEMENT 25,800 each engine TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET * TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET STRUCTURAL FIRE TAXES ESTIMATED REDEVELOPMENT PASS THRU TOTAL TAX FUNDING SUPPORT SERVICES Administrative & Operational Service! Finance Training Data Processing Accounting Personnel 7,441,330 903,419 8,344,749 Procurement Emergency Services Fire Fighting Equip. Office Supplies/Equip. EXHIBIT "A" FOR CITY OF TEMECULA Page 2 of 7 825.952 4 1,426.583 7 13.011.041 15 64 268.046 153,799 432,254 249.989 $1.104.088 1.320.401 7.286 192,996 302.805 313.390 612.539 75.743 2,825,159 1 1 3 2 71 60 1 22 5 104.122 154,800 6 $17,199,210 (8.344, 749) $8,854,461 6000 Assigned Staff o o Battalion Chief Support 60.00 Total Assigned Staff 4.5 Fire Stations 8,571 Number of Calls 22 Assigned Medic FTE 6 Monitors/Defibs 4.5 Hazmat Stations 42 Number of Hazmat Calls 71 Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor, Defibrillator replacement cycle. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance. computer support functions Hazmat Program - Support staff, operating costs, and vehicle replacement FY 18/19 POSITION SALARIES TOP STEP 327,656 323.224 268.046 228,785 254,596 200,592 223.938 176.101 197.127 153.799 144.085 124.995 74,136 86.787 116.074 226.794 165.934 DEPUTY CHIEF DIV CHIEF BAT CHIEF CAPT CAPT MEDIC ENG ENG/MEDIC FF II FF II/MEDIC FIRE SAFETY SUPERVISOR FIRE SAFETY SPECIALIST FIRE SYSTEMS INSPECTOR OFFICE ASSISTANT III SECRETARY EMERGENCY SVC COORDINATOR COUNTY FIRE MARSHAL COUNTY DEPUTY FIRE MARSHAL 25,800 FIRE ENGINE 22,007 SRVDEL 7,286 VOL DEL 8,087 MEDIC FTE 2,513 MEDIC MONITORS/DEFIBS REPLACEMENT 75,126 BATT DEL 16,308 ECC STATION 28.00 ECC CALLS 60,561 FLEET SUPPORT 31,876 COMM/IT STATION 54.73 COMM/IT CALLS 1,290 FACILITY STATION 340.93 FACILITY FTE 4,452 HAZMAT STATION 1,279.36 HAZMAT CALLS 1,974 HAZMAT VEHICLE REPLACEMENT *Estimate Assumptions: - All Salaries based on 17/18 salaries and updated with MOU raises - Support Services with a 7% increase based on the 17/18 Board Approved Cost Allocation dated August 29, 2017 - POFF Benefits based on REVISED July 2017 Matrix issued in Sept with an estimated increase of 4.83% based on last 5 years increase - Misc Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 2.80% based on last 5 years increase - EDWC Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 3.83% based on last 5 years increase - POF-RET/MEDI Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 3.31% based on last 5 years increase - Admin Fee Per REVISED July 2017 Matrix with an estimated increase of 0.10% based on last three years changes FY 18/19 DIRECT BILL ACCOUNT CODES 520230 Cellular Phone 520300 Pager Service 520320 Telephone Service 520800 Household Expense 520805 Appliances 520830 Laundry Services 520840 Household Furnishings 520845 Trash 521380 Maint-Copier Machines 521440 Maint-Kitchen Equipment 521540 Maint-Office Equipment 521660 Maint-Telephone 521680 Maint-Underground Tanks 522310 Maint-Building and Improvement 522340 Station Budgeted Maint-Building and Improvement 522360 Maint-Extermination 522380 Maint-Critical Systems 522410 Maint-Health & Safety 522860 Medical Supplies 522890 Pharmaceuticals 523220 Licenses And Permits 523680 Office Equip Non Fixed Assets 526700 Rent -Lease Building 529500 Electricity 529510 Heating Fuel 529550 Water 537240 Interfnd Exp -Utilities 542060 Capital Improvements Facilities EXHIBIT "A" FOR CITY OF TEMECULA Page 3 of 7 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA ESTIMATE DATED MARCH 27, 2018 FOR FY 2019/2020 *See notation below for estimate assumptions CAPTAIN'S ENGINEER FF II CAPTAIN'S MEDICS ENGINEER'S MEDICS FF IFS MEDICS TOTALS STA #12 Medic Engine 481,288 2 421,889 2 370,358 2 414,050 2 1,687,584 8 STA #73 Medic Engine 481,288 2 210,944 1 235,217 1 370,358 2 414,050 2 1,711.857 8 (Truck Co.) 721,932 3 632,833 3 555,537 3 621,075 3 2,531.376 12 STA #84 Medic Engine 481,288 2 267,489 1 421,889 2 370,358 2 414,050 2 1,955.074 9 STA #92 Medic Engine 481,288 2 210,944 1 235,217 1 370,358 2 414,050 2 1,711,857 8 STA #95 Medic Engine 481,288 2 210,944 1 235,217 1 370,358 z 414,050 2 1.711.857 8 Fixed Relief 240,644 1 235,217 1 185,179 1 207,025 1 868.065 4 Vac. Relief - Engine 240,644 1 210,944 1 470,435 2 370,358 2 207,025 1 1.499.406 7 SUBTOTALS 3,609,658 267,489 2,320,387 1,411,304 2,962,866 3,105,373 13.677.078 SUBTOTAL STAFF 15 1 11 6 16 15 64 BATTALION CHIEF 279,919 each 279.919 1 FIRE SAFETY SUPERVISOR (PCN 110077) 153,799 each 153.799 1 FIRE SAFETY SPECIALIST (PCN 00006966 & PCN 00123555) 144,085 each 432,254 3 FIRE SYSTEMS INSPECTOR (PCN 00123830) 124,995 each 249,989 2 SUBTOTAL $1,115.961 71 ESTIMATED SUPPORT SERVICES Administrative/Operational 23,547 per assigned Staff ** Volunteer Program 7,796 Per Entity Allocation Medic Program Medic FTE/Defib Basis Fleet Support 64.800 per Fire Suppression Equip ECC Support Calls/Station Basis Comm/IT Support Calls/Station Basis Hazmat Support ESTIMATED SUPPORT SERVICES SUBTOTAL ESTIMATED DIRECT CHARGES FIRE ENGINE USE AGREEMENT 25,800 each engine TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET * TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET * STRUCTURAL FIRE TAXES ESTIMATED REDEVELOPMENT PASS THRU TOTAL TAX FUNDING SUPPORT SERVICES 7,441,330 903,419 8,344,749 1.412.829 6o 7.796 1 206.506 22 324,001 5 335.327 655.416 81.045 3.022.920 104,122 154,800 6 $18,074,881 (8.344.749) $9,730,132 so.00 Assigned Staff 0 o Battalion Chief Support so 0o Total Assigned Staff ------ 4.5 Fire Stations Administrative & Operational Service! 8.571 Number of Calls Finance Procurement 22 Assigned Medic FTE Training Emergency Services 6 Monitors/Defibs Data Processing Fire Fighting Equip. 4.5 Hazmat Stations Accounting Office Supplies/Equip. 42 Number of Hazmat Calls Personnel EXHIBIT "A" FOR CITY OF TEMECULA Page 4 of 7 71 Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training, Certification, Case Review & Reporting, Monitor, Defibrillator replacement cycle. Fleet Support - Support staff, automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, comps support functions Hazmat Program - Support staff. operating costs, and vehicle replacement FY 19/20 POSITION SALARIES TOP STEP 336,204 331,657 279.919 240,644 267.489 210,944 235.217 185,179 207.025 153.799 144,085 124.995 74,136 86.787 116.074 226.794 165.934 DEPUTY CHIEF DIV CHIEF BAT CHIEF CAPT CAPT MEDIC ENG ENG/MEDIC FF II FF II/MEDIC FIRE SAFETY SUPERVISOR FIRE SAFETY SPECIALIST FIRE SYSTEMS INSPECTOR OFFICE ASSISTANT III SECRETARY I EMERGENCY SVC COORDINATOR COUNTY FIRE MARSHAL COUNTY DEPUTY FIRE MARSHAL 25,800 FIRE ENGINE 23,547 SRVDEL 7,796 VOL DEL 8,653 MEDIC FTE 2,689 MEDIC MONITORS/DEFIBS REPLACEMENT 80,385 BATT DEL 17,449 ECC STATION 29.96 ECC CALLS 64,800 FLEET SUPPORT 34,108 COMM/IT STATION 58.56 COMM/IT CALLS 1,381 FACILITY STATION 364.80 FACILITY FTE 4,764 HAZMAT STATION 1,368.91 HAZMAT CALLS 2,113 HAZMAT VEHICLE REPLACEMENT *Estimate Assumptions: - All Salaries based on 17/18 salaries and updated with MOU raises - Support Services with a 7% increase based on the 17/18 Board Approved Cost Allocation dated August 29, 2017 - POFF Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 483% based on last 5 years increase - Misc Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 2 80% based on last 5 years increase - EDWC Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 3.83% based on last 5 years increase - POF-RET/MEDI Benefits based on REVISED July 2017 Matrix issued in Sept with an estimated increase of 3,31% based on last 5 years increase - Admin Fee Per REVISED July 2017 Matrix with an estimated increase of 0.10% based on last three years changes FY 19/20 DIRECT BILL ACCOUNT CODES 520230 Cellular Phone 520300 Pager Service 520320 Telephone Service 520800 Household Expense 520805 Appliances 520830 Laundry Services 520840 Household Furnishings 520845 Trash 521380 Maint-Copier Machines 521440 Maint-Kitchen Equipment 521540 Maint-Office Equipment 521660 Maint-Telephone 521680 Maint-Underground Tanks 522310 Maint-Building and Improvement 522340 Station Budgeted Maint-Building and Improvement 522360 Maint-Extermination 522380 Maint-Critical Systems 522410 Mart -Health & Safety 522860 Medical Supplies 522890 Pharmaceuticals 523220 Licenses And Permits 523680 Office Equip Non Fixed Assets 526700 Rent -Lease Building 529500 Electricity 529510 Heating Fuel 529550 Water 537240 Interfnd Exp -Utilities 542060 Capital Improvements Facilities EXHIBIT "A" FOR CITY OF TEMECULA Page 5 of 7 EXHIBIT "A" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA ESTIMATE DATED MARCH 27, 2018 FOR FY 2020/2021 *See notation below for estimate assumptions CAPTAIN'S STA #12 CAPTAIN'S MEDICS ENGINEER'S Medic Engine 504,669 2 442,366 2 STA #73 Medic Engine 504,669 2 (Truck Co.) 757,003 3 STA #84 Medic Engine 504,669 2 280,236 1 442,366 2 STA #92 Medic Engine 504,669 2 221,183 1 STA #95 Medic Engine 504,669 2 221,183 1 Fixed Relief 252,334 1 Vac. Relief - Engine 252,334 1 221,183 1 ENGINEER MEDICS 221,183 1 246,444 1 663,549 3 SUBTOTALS 3.785,015 SUBTOTAL STAFF 280,236 15 1 2,433,012 BATTALION CHIEF FIRE SAFETY SUPERVISOR (PCN 110077) FIRE SAFETY SPECIALIST (PCN 00006966 & PCN 00123555) FIRE SYSTEMS INSPECTOR (PCN 00123830) SUBTOTAL ESTIMATED SUPPORT SERVICES Administrative/Operational Volunteer Program Medic Program Fleet Support ECC Support Comm/IT Support Hazmat Support ESTIMATED SUPPORT SERVICES SUBTOTAL ESTIMATED DIRECT CHARGES FIRE ENGINE USE AGREEMENT TOTAL STAFF COUNT TOTAL ESTIMATED CITY BUDGET TEMECULA ESTIMATED FIRE TAX CREDIT NET ESTIMATED CITY BUDGET * STRUCTURAL FIRE TAXES ESTIMATED REDEVELOPMENT PASS THRU TOTAL TAX FUNDING SUPPORT SERVICES Administrative & Operational Service! Finance Training Data Processing Accounting Personnel 246,444 1 FF II'S FF II MEDICS TOTALS 388,324 2 433,688 2 1,769.047 a 388,324 2 433,688 2 1.794,308 8 582,486 3 650,532 3 2.653.570 12 388,324 2 433,688 2 2,049,283 9 388,324 2 433,688 2 1.794.308 8 246,444 1 388,324 2 433,688 2 246,444 1 194,162 492,888 2 388,324 1,478,663 3,106,593 11 6 292,145 each 153,799 each 144,085 each 124,995 each 1 216,844 1 2 216,844 1 3,252,661 16 25,195 per assigned Staff " 8,341 Per Entity Allocation Medic FTE/Defib Basis 69,336 per Fire Suppression Equip Calls/Station Basis Calls/Station Basis 25,800 each engine 7,441,330 903,419 8,344,749 Procurement Emergency Services Fire Fighting Equip. Office Supplies/Equip. EXHIBIT "A" FOR CITY OF TEMECULA Page 6 of 7 15 1,794.308 8 909.784 4 1,571.573 7 14,336 180 64 292.145 1 153,799 1 432,254 3 249.989 2 $1.128.187 71 1.511.728 8,341 220.961 346.681 358.800 701.296 86.718 3.234.524 60 1 22 5 104,122 154.800 6 $18,957,813 (8,344,749) $10,613,064 60.0o Assigned Staff o.o Battalion Chief Support so 0o Total Assigned Staff 4.5 Fire Stations 8,571 Number of Calls 22 Assigned Medic FTE s Monitors/Defibs 4.5 Hazmat Stations 42 Number of Hazmat Calls 71 Volunteer Program - Support staff, Workers Comp, and Personal Liability Insurance Medic Program - Support staff, Training. Certification, Case Review & Reporting. Monitor, Defibrillator replacement cycle. Fleet Support - Support staff. automotive costs, vehicle/engine maintenance, fuel costs Emergency Command Center Support - Dispatch services costs Communications / IT Support - Support staff, communications, radio maintenance, compt support functions Hazmat Program - Support staff, operating costs, and vehicle replacement FY 20/21 POSITION SALARIES TOP STEP 344.767 DEPUTY CHIEF 25,800 FIRE ENGINE 340.104 DIV CHIEF 25,195 SRVDEL 292.145 BAT CHIEF 8,341 VOL DEL 252,334 CAPT 9,259 MEDIC FTE 280.236 CAPT MEDIC 2,878 MEDIC MONITORS/DEFIBS REPLACEMENT 221.183 ENG 86,011 BATT DEL 246,444 ENG/MEDIC 18,671 ECC STATION 194.162 FF II 32.06 ECC CALLS 216.844 FF II/MEDIC 69,336 FLEET SUPPORT 153,799 FIRE SAFETY SUPERVISOR 36,495 COMM/IT STATION 144.085 FIRE SAFETY SPECIALIST 62.66 COMM/IT CALLS 124.995 FIRE SYSTEMS INSPECTOR 1,477 FACILITY STATION 74,136 OFFICE ASSISTANT III 390.34 FACILITY FTE 86.787 SECRETARY I 5,097 HAZMAT STATION 116.074 EMERGENCY SVC COORDINATOR 1,464.73 HAZMAT CALLS 226.794 COUNTY FIRE MARSHAL 2,260 HAZMAT VEHICLE REPLACEMENT 165.934 COUNTY DEPUTY FIRE MARSHAL *Estimate Assumptions: - All Salaries based on 17/18 salaries and updated with MOU raises - Support Services with a 7% increase based on the 17/18 Board Approved Cost Allocation dated August 29, 2017 - POFF Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 4.83% based on last 5 years increase - Misc Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 2.80% based on last 5 years increase - EDWC Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 3.83% based on last 5 years increase - POF-RET/MEDI Benefits based on REVISED July 2017 Matrix issued in Sept. with an estimated increase of 3.31% based on last 5 years increase - Admin Fee Per REVISED July 2017 Matrix with an estimated increase of 0 10% based on last three years changes FY 20/21 DIRECT BILL ACCOUNT CODES 520230 Cellular Phone 520300 Pager Service 520320 Telephone Service 520800 Household Expense 520805 Appliances 520830 Laundry Services 520840 Household Furnishings 520845 Trash 521380 Maint-Copier Machines 521440 Maint-Kitchen Equipment 521540 Maint-Office Equipment 521660 Maint-Telephone 521680 Maint-Underground Tanks 522310 Maint-Building and Improvement 522340 Station Budgeted Maint-Building and Improvement 522360 Maint-Extermination 522380 Maint-Critical Systems 522410 Maint-Health & Safety 522860 Medical Supplies 522890 Pharmaceuticals 523220 Licenses And Permits 523680 Office Equip Non Fixed Assets 526700 Rent -Lease Building 529500 Electricity 529510 Heating Fuel 529550 Water 537240 Interfnd Exp -Utilities 542060 Capital Improvements Facilities EXHIBIT "A" FOR CITY OF TEMECULA Page 7 of 7 EXHIBIT "B" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL AID FOR THE CITY OF TEMECULA DATED JULY 1, 2018 PAYMENT FOR SERVICES ADDITIONAL TERMS COUNTY shall make a claim to CITY for the actual cost of contracted services as shown on Exhibit "A" during each of the following periods: (1) July 1 through September 30, claim in October; (2) October 1 through December 31, claim in January; (3) January 1 through March 31, claim in April; and (4) April 1 through June 30, claim in July/August. The claims shall be for actual costs of services after any deduction for estimated Structural Fire taxes and/or Redevelopment, with final reconciliation of fire taxes to actual revenue received which may result in an additional credit or expense to CITY in the August final claim. CITY shall pay each claim within 30 days after receipt thereof. COUNTY shall allow a credit in the amount of the Structural Fire taxes as determined by COUNTY Auditor Controller/Treasurer Tax Collector Office to be collected in each fiscal year of this Agreement. The allowed credit shall not exceed the cost of contracted services. Exhibit "B" CITY OF TEMECULA 1 of 1 EXHIBIT "C" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED JULY 1, 2018 PAYMENT FOR SERVICES ADDITIONAL SERVICES FIRE ENGINE USE AGREEMENT Station 12 Engine E12, RCO No. 12-820 $ 25,800.00 Station 73 Engine E73, RCO No. 16-804 $ 25,800.00 Station 84 Engine E84, RCO No. 16-806 $ 25,800.00 Station 92 Engine E92, RCO No. 08-869 $ 25,800.00 Station 95 Engine E95, RCO No. 07-813 $ 25,800.00 Engine E284, RCO No. (TBD) $ 25,800.00 $ 154,800.00 The Fire Engine Use Agreement is utilized in the event that a fire engine(s) which was initially purchased by the CITY, and then the CITY elects to have the COUNTY take responsibility of said fire engine(s). The Fire Engine Use Agreement guarantees the CITY the use of this fire engine(s), the COUNTY network of equipment, and resources of the COUNTY. This fire engine(s) shall be used as an integrated unit for Fire Services as set forth in this Cooperative Agreement between the COUNTY and CITY, and shall be stationed primarily in the CITY. The change in ownership of the fire engine does not Exhibit "C" CITY OF TEMECULA Page 1 of 2 waive or supersede any responsibilities of the CITY pursuant to this agreement. This exhibit is strictly to further detail for the CITY, the responsibilities and costs associated within the Cooperative Agreement between the COUNTY and CITY; therefore, the Fire Engine Use Agreement is inseparable. The CITY will have the option of transferring title of said fire engine(s) to the COUNTY. If the CITY transfers title of said fire engine(s) to the County, the County will take ownership of the said fire engine(s), and the County will maintain insurance on said fire engine(s). If the CITY opts to maintain ownership and title of said fire engine(s), the CITY will maintain insurance on said fire engine(s). Proof of Insurance is to be provided to the COUNTY. The COUNTY will ensure a working fire engine(s) is available for the CITY at all times under this agreement. All capital improvements and/or betterments to the fire engine(s) listed above, will be the responsibility and paid for by the owner of said fire engine(s). All other maintenance and repairs to the fire engine(s) listed above, will be the responsibility and paid for by the COUNTY under this Agreement. When the Riverside County Fire Department Fleet personnel determine the fire engine(s) listed above is due for replacement, the COUNTY will purchase a new fire engine(s); and, the owner of the old fire engine(s) may survey said fire engine(s) or reallocate as a second roll response fire engine. The annual cost for this service is calculated at 1/20 of the replacement cost. The current replacement cost is $516,000. If this Agreement is entered into mid- year, the annual cost will be prorated accordingly. The CITY may opt out of this Agreement at any time in writing and the costs will be prorated accordingly by fiscal year. No refunds will be provided for any prior payments. If the fire engine(s) have been titled to the COUNTY and the fire engine(s) are still within their useful life cycle, the ownership will not revert back to the CITY unless the entire Cooperative Agreement is terminated. Exhibit "C" CITY OF TEMECULA Page 2 of 2 EXHIBIT "D" TO THE COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, FIRE MARSHAL, RESCUE AND MEDICAL EMERGENCY SERVICES FOR THE CITY OF TEMECULA DATED JULY 1, 2018 PAYMENT FOR ADDITIONAL SERVICES OFFICE OF THE FIRE MARSHAL AGREEMENT The Fire Marshal Agreement is utilized in the event a CITY elects to fund locally direct COUNTY Fire Marshal personnel at the CITY to perform the duties of the Office of the Fire Marshal. These duties include: For conformance with applicable laws, codes and regulations concerning fire protection and life safety - • Review Planning and Development Cases for the CITY • Review and inspection of construction development for the CITY • State mandated Fire/Life Safety Inspections in accordance with Health and Safety Code 13146.1, 13146.2, 13146.3, 13217 and 13235 • Review, Permitting and Inspection of Special Events • Investigation of fire safety complaints • Meeting with development applicants and customers Administrative activities - • Creation and maintenance of forms for review and inspection of construction development and fire/life safety inspections. • Provide information to customers on CITY Ordinances and Standards for construction • Creation and maintenance of Information Bulletins, Technical Policies and Standards for Fire Protection in the CITY • Provide recommendations on updating CITY Ordinances and Standards in regards to fire/life safety In the event CITY desires an increase in the Office of the Fire Marshal duties services provides, CITY shall provide sixty (60) days written notice of the proposed increase in services. COUNTY is under no obligation to approve any requested increase. COUNTY shall render a written decision on whether to allow or deny the increase within thirty (30) days of the notice provided pursuant to this section. It is the CITY responsibility to provide funding for all direct operating supplies for each position in accordance with COUNTY requirements and/or standards. These supplies include, but are not limited to: • Vehicle and regular maintenance • Training • Office space, furniture, Code & Standard reference books, and general & field supplies Exhibit "0' CITY OF TEMECULA Page 1 of 2 • All IT and Communication tools (such as cell phone, computer, etc.) • Uniform costs All costs including salaries and benefits will be included in each quarterly invoice as outlined in the Cooperative Agreement. The CITY may opt out of this Agreement and eliminate funding for locally direct COUNTY Fire Marshal personnel at the CITY in writing with a minimum notice of one hundred and twenty (120) days. The costs will be prorated accordingly by services provided and fiscal year. It is the responsibility of the CITY to obtain cost recovery for the Fire Marshal services provided by these personnel for the CITY. Contract CitieslEXHIBIT D - Fire Marshal Services\Template Exhibit D - 20180215.docx Exhibit "D° CITY OF TEMECULA Page 2of2 Item No. 5 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl. City Clerk DATE: May 8, 2018 SUBJECT: Approve an Agreement with Granicus, LLC for an Automated Agenda and Commission Management System PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council approve an Agreement with Granicus, LLC, in a total amount not to exceed $250,000 during the four (4) year term of the agreement, for an automated agenda and commission management system. BACKGROUND: On January 25. 2018, the City Clerk's office released a Request for Proposals (RFP) for an automated agenda and commission management system. The services are needed to address the aging existing electronic agenda management system which has been failing in various areas throughout workflow for the last several years and is no longer supported by the relevant vendors. Sire Technologies was acquired by Hyland Software in 2012, and subsequently became a part of OnBase by Hyland. The City utilized PlanetBids for the RFP process including vendor notifications. Notification of the requested services was also sent through the City Clerk listsery through the League of California Cities. The deadline to respond to the RFP was February 9, 2018. In response to the RFP, three proposals were received and evaluated by the City Clerk's office and IT. All proposals were reviewed for four categories: (1) responsiveness, (2) qualifications and experience, (3) technical approach and timeline, and (4) price. The local vendor process was not applicable. Based on its overall top score, direct experience with providing the same service to multiple cities in various states including California, and a commendable reference check, it is recommended that Granicus, LLC be awarded the agreement to provide an automated agenda and commission management system, in a total amount not to exceed $250,000 during the four (4) year term of the agreement. The proposal received in response to the RFP from Granicus, LLC is attached. Finally, the City Clerk and Assistant IT Director worked closely with the City Attorney's office to issue the RFP and negotiate the terms of the related agreement, which is also attached. FISCAL IMPACT: The costs associated with this agreement are already included in the fiscal year operating budget for City Clerk and IT and there is no additional fiscal impact. ATTACHMENTS: 1. Proposal 2. Agreement C GRANICUS Request for Proposals for an Automated Agenda and Commission Management System for the City of Temecula 4. 'r11JAN. `M 011 1989'' Os Response Submitted by Granicus Proposal Contact: Lindsay Gabster Lindsay.Gabster@granicus.com Submitted on February 9, 2018 0 GRAN ICUS Cover Letter Granicus 707 17th Street, Suite 4000 Denver, CO 80202 P: 720.240.9586 F: 720.501.5171 City of Temecula, Thank you for the opportunity to support your agenda management and SIRE data migration initiative. We look forward to establishing a successful, long-term relationship with the City of Temecula, helping to support the meeting efficiencies of the Council and other internal meeting bodies. In the following RFP response, Granicus will detail why we have more successful SIRE migrations under our belt than any other vendor as well as how we are readily prepared to meet and exceed your requirements in an agenda management software solution. For more than 30 years, we have worked with organizations like yours to pioneer paperless agenda packets, minutes and streaming video solutions for government. By design, the Granicus Platform components are enterprise wide and configurable to fit governments at every level and size. With over 3,000 clients across the U.S. and Canada, 405 reside in the state of California. Of the 58 counties in California, Granicus has the privilege of partnering with 38 of them. 33 of the largest 50 cities in the U.S. use Granicus to provide agenda software, webcasting hardware, infrastructure, services, and expertise to quickly integrate enterprise public meeting solutions into their communications tool set. It is our goal to help your government build trust with citizens, reduce staff time spent on processing meetings, and engage citizens in new ways. With a 40 -member in-house development team focusing 100% on research and development (no outsourcing), I'm confident our solutions will not only fulfill your existing needs, but the expanding needs of the City down the road. granicus.com I info@granicus.com page 1 C GRAN ICUS The key to our award-winning technologies is our collaborative and partner -focused approach. Behind every great organization are great members. We thank you for the chance to participate and look forward to demonstrating why Granicus is the best partner for your project. Sincerely, Mark Hynes *Please note that although Mr. Hynes is authorized to bind the organization contractually, your primary point of contact is your Granicus Account Executive Lindsay Gabster (Lindsay.Gabster@granicus.com). Granicus' statements regarding its plans, directions, and intent are subject to change or withdrawal without notice at Granicus' sole discretion. The information mentioned regarding potential future products is not a commitment, promise, or legal obligation to deliver any material, code, or functionality. Unless otherwise stated, this proposal is valid for 120 days. Any individual who will perform work for the City of Temecula is free of any conflict of interest. granicus.com 1 info@granicus.com page 2 G GRAN ICUS Contents Cover Letter 1 Qualifications and Experience 4 Technical Approach and Timeline 7 Price 63 Statement of Local Vendor Certification 70 Desired Functionality Sheet 71 Exceptions 78 granicus.com I info@granicus.com page 3 G GRAN ICUS Qualifications and Experience A. Provide the number of years their firm has provided the services outlined in the RFP. Granicus provides technology that empowers government organizations to create better lives for the people they serve. By offering the industry's leading cloud -based solutions for communications, meeting and agenda management, and digital services to more than 3,000 public sector organizations, Granicus helps turn government missions into quantifiable realities. Granicus products connect more than 150 million people, creating a powerful network to enhance government transparency and citizen engagement. By optimizing decision-making processes, Granicus strives to help government realize better outcomes and have a greater impact for the citizens they serve. As a company, Granicus helps empower some of the most creative people in the world who innovate within complex public -sector organizations. We help make policies more effective and to transform the citizen experience so that everything from road closures to fostering programs are better communicated, understood, and ultimately successful. Granicus was founded in 1999, and in late 2016, merged with GovDelivery (also founded in 1999). While Granicus had traditionally been focused on innovation in the legislative and rule-making process, GovDelivery led the way in transforming how governments communicate with the public on a day-to-day basis to support everything from flu shot programs to new veteran's benefits. The two companies' missions aligned perfectly to cover the full range of government's mission - to make the rules and laws we live by while delivering services that bring value to the public. This powerful alignment allows us to bring even more scale and innovation to the clients we serve. Washington D.C. Denver 1 152 15th Street NW, Suite 800 707 17th Street, Suite 4000 Washington, DC 20005 Denver, CO 80202 Main: 202.407.7500 Main: 720.240.9586 Fax: 202.407.7501 Fax: 720.501 .5171 St. Paul UK 408 St. Peter St, Suite 600 The Beehive, City Place, St. Paul, MN 55102 Gatwick, RH6 OPA Main: 651.726.7309 Main: 0800.032.5769 Fax: 651.665.0943 Website: www.granicus.com granicus.com 1 info@granicus.com page 4 G GRANICUS B. Provide the name of the principal or project manager in the firm who will have direct and continued responsibility for the project. This person will be the City staff contact on all matters dealing with the project and will handle the day-to-day activities through completion. Granicus Response: Your point -of -contact for this opportunity will be your Granicus Account Executive Lindsay Gabster, Lindsay.Gabster@granicus.com. C. Provide a resume for all staff/employees assigned to the project (identified in this RFP) along with a clear indication of their responsibilities for this project. Granicus Response: Please see Project Teams in Section 4 of our Scope of Work documentation for this information. D. Provide at least five (5) references of California local government agencies that have purchased similar services from the Proponent. Proponent shall provide client name, client project manager, telephone number and e-mail address, project description, project start and end date, staff assigned to each project by the firm and discuss final outcome. Client Name: City of Indio Client Project Manager: Ian Cozen, IT Manager, icozens@indiopd.orq or 760-391-4100 Partner Since: 2015 Solutions Implemented: Open Platform, Government Transparency, Legistar and Civica CMS Client Name: City of San Mateo Client Project Manager: Patrice Olds, polds@cityofsanmateo.org or 650-522-7040 Partner Since: 2014 Solutions Implemented: Open Platform, Webcasting, Minutes Automation, Legistar, Votecast display with iPad Voting and data migration from SIRE to Granicus Client Name: City of Riverside Client Project Manager: Colleen Nicol, cnicol@riversideca.gov or 951-826-5557 Partner Since: 2010 Solutions implemented: Open Platform, Government Transparency, Legistar, Citizen Participation and iLegislate Client Name: City of Oakland Client Project Manager: LaTonda Simmons, Isimmons@oaklandnet.com or 510-238-7370 Partner Since: 2007 Solutions Implemented: Open Platform, Government Transparency; Meeting Efficiency, Legistar, Citizen Participation, Boards and Commissions and iLegislate Client Name: City of Mountain View Client Project Manager: Lorrie Brewer, Lorrie.brewer@mountainview.gov or 650-903-6399 Partner Since: 2008 Solutions Implemented: Open Platform, Government Transparency, Meeting Efficiency, Legistar, Votecast, iLegislate and Civica CMS granicus.com 1 info@granicus.com page 5 CJ GRANICUS E. Identify those services that will be outsourced to a subcontractor. The Proponent will be responsible for verifying the experience, qualifications and validity of all licenses, permits, and copyrights for any outsourced work to subcontractors. The Proponent is also responsible for paying its employees and any subcontractors the Proponent hires. Granicus Response: Granicus is the sole provider of Granicus software and Granicus professional services including, but not limited to: web design, implementation, training, and consultation. We believe that the proposed scope of work for this RFP would require a Granicus Professional with a minimum of 1 year of experience, and new third parties do not contain the technical expertise with Granicus products. If any professional services were outsourced to additional subcontractors or 3rd parties, the cost of the project would increase dramatically and the start -date would be significantly delayed. Additionally, because of our experience in implementing systems of this sort, we have found that subcontracting software or technology implementation with aggressive implementation schedules (i.e. 6 months) run a very high risk of missing key milestones, particularly when using offshore services. F. Proponent shall identify, obtain, and provide any and all licenses, permits, clearances, reports, and documents required to complete the project and perform the services within required timelines. Granicus Response: We agree with these provisions. G. Provide a list of any litigation, including personal and property, involving Proponent's firm in the last five (5) years. Granicus Response: We do not have any current or pending litigation, personal or property, in the last five (5) years. H. Explanation of methodology utilized to perform proposed service. Granicus Response: Please see our Scope of Work documentation for this information. I. Description of Proponent's warranty / guarantee of work product. Granicus Response: Please see our Master Service Agreement (MSA) documentation for this information. J. List of complementary services offered by Proponent along with corresponding prices. Granicus Response: Please see our Pricing section for this information. K. List of services and/or information needed from the City in order for the project to succeed. Granicus Response: Please see our Scope of Work documentation for this information. granicus.com 1 info@granicus.com page 6 C GRANICUS Technical Approach and Timeline Overview of Proposed Solution Granicus is pleased to present the below proposed solution of new technology and expert professional services to provide your city with a solution that meets and exceeds the requirements set forth in this Request for Proposal. Our 100% cloud -hosted software solutions were designed specifically for governments like yours to spend less time managing the manual artifacts of the legislative process and more time engaging important stakeholders in productive ways. We make this possible by providing our clients with all the hardware and software necessary to streamline and automate everything from online video streaming to paperless agenda creation and publication. Additionally, our user-friendly and easy -to -deploy software solutions were built to make installation and deployment as effortless as possible. Below please find a description of each of the proposed Granicus Suites, as well as a narrative of our implementation methodology, timeline of milestones, and a support and training overview. GRANICUS OPEN PLATFORM The Granicus Open Platform is the cloud -based foundation for all Granicus applications. It allows government organizations to manage and store an unlimited amount government public meeting data. It is the core of our content management, administration and distribution tools and includes free access to our APIs and SDKs, helping you seamlessly connect your Granicus solution to systems in place. The Granicus Platform includes: The Granicus Open API and SDK We can provide a fully documented and supported Application Programmatic Interface (API) and Software Developer Kit (SDK). This open architecture enables customers and developers to seamlessly integrate existing or future enterprise systems with Granicus. Developers typically use the API to add, update, extract, delete and ultimately customize how information is presented. We believe open systems and interoperability are critical components of any modern software solution. Granicus is committed to building open architectures, standards, and lasting partnerships with industry leaders. We want to offer clients the most complete solutions on the market, without forcing them into a single system for all enterprise tasks. granicus.com 1 info@granicus.com page 7 G GRANICUS WEBCASTING The Webcasting suite gives your citizens greater access to public meetings and records online. Take the next step towards transparency by streaming meetings and events live, linking related documents to your video and providing advanced searching of archives. Granicus Webcasting gives you unlimited cloud bandwidth and storage as well as local live and on -demand streaming. This solution also allows you to connect agenda data to tablet devices to review agendas and supporting documents, take notes and more through the 'Legislate® application. • Give citizens convenient access to live and archived streaming through your website • Reduce public inquiries with searchable, self-service access online • Import agendas and index video live to eliminate hours of work • Manage and distribute unlimited meetings and events—all completely automated • Reach a broader audience - integrate closed captions with video • Understand and measure public participation with in-depth video analytics OVERVIEW • C7 • • 1 Easy -to -Use Public Website Publish live and archived videos to a media portal on your website to make it easy for the public to access your content. Enable audiences to share videos over social networking sites or through email to drive greater visibility and viewership. Mobile -Enabled Delivery The Government Transparency Suite allows citizens to view videos, agendas, minutes, and supporting documents on mobile devices. By providing live and on -demand streaming via mobile devices, you will be able to reach the broadest audience possible at all times. "We had resistance from members of our staff who did not want to change their in - meeting process, so we needed to make sure that any integration we built was as seamless as possible and did not affect workflows." Karen Rodriguez, Senior Systems Analyst 11, City Clerk Systems Division, Los Angeles, CA 11 granicus.com 1 info@granicus.com page 8 G GRAN ICUS Agenda Index Points Deliver a rich user experience by synchronizing and cross-linking materials to the video. Citizens can watch indexed videos, browse agendas, and view supporting materials— staff reports, memos, and ordinances—all within a single multimedia player. Supporting documents are displayed alongside the video. Viewers can use jump -to points and links within documents to watch those discussions. -r 011.1. MUTTON 1/..41 11•31,0101=0M. COCIILLIMSIMOIt rwswMIMEO . 00.11.0.1011011110.111..0 • "`1``~ce. Oa Oka. NalaaalIaMaa0440 101.111a aa•abi. Oa aftaaaaf Advanced Search "Drill Down" Empower residents to find the information they need through a self-service search engine. Search across public meeting archives—meeting or event data, including: agendas, minutes, notes, motions, votes, and captions. With advanced filters for date range, data type, and more, the public is able to accurately define their search criteria to find the information they need. Downloadable Media & Alerts: • DOWNLOADABLE MEDIA: Offer downloadable podcasts for citizens. Media files can be easily delivered as downloadable video (MP4) formats. Reach more citizens using mobile devices and popular media and social media networks. • RSS: Viewers can setup RSS subscriptions to receive automatic notifications when the most recent content is available: specific files, agendas or minutes. This feature simplifies the ability for citizens to get real time updates straight to their inbox. • USER SEARCH ALERTS: Just as RSS subscriptions allow residents to receive updates on specific information, our user search alerts update citizens as information they care about becomes available in the system. "Granicus is my front line for research requests. Now that we've built 2 or 3 years -worth of meetings in there and all the items attached to it, it's very, very comprehensive and puts it all right in front of you quickly." Bill Dow, Records Manager / Deputy City Clerk, Keene, NH granicus.com 1 info@granicus.com page 9 G GRANICUS GRANICUS ENCODING APPLIANCE The Granicus Encoding Appliance is designed and built for our platform and streaming protocols to provide government organizations with superior live and on - demand webcasting performance. The hardware is pre -configured and delivered ready to stream. Simply connect power, network and an analog or Digital (SDI audio/video source). Full appliance control is available through a web browser or locally installed client application. Front View • GRANICUS Rear V', III' III II II Ilal' IIIIII111II _ .. 11111111111111111.111111111' 1 .1 Il0g • OW rio 1': • Dell Optiplex 7040 • Intel Core i7-6700 • 8GB RAM • 1 TB hard disk space • 180w auto switching Power Supply • 3 year onsite support (from Dell) • 64bit Windows 7 Embedded OS • Dimensions 11.4 x 11.5 x 3.6 • Optional 3U rack mount shelf o Shelf can be used in a round or square hole and 2 post or 4 post rack o Dimensions 19" rack, 3U Tall, 14" Deep Granicus' hosted infrastructure supports the encoding appliance and offers unlimited bandwidth, storage and the highest security standards through a cloud -based platform. The Granicus team works around-the-clock to ensure your applications are protected and operating smoothly. This ensures long-lasting success with our technologies while maximizing your solution's performance. granicus.com 1 info@granicus.com page 10 G GRANICUS MEETING EFFICIENCY The Meeting Efficiency Suite is a live meeting workflow solution that combines minutes with a meeting's recording. Capture and publish minutes, saving staff time and cutting administrative costs. Record roll -call, agenda items, speakers, motions, votes, and notes through a simple interface. After the meeting, finalize minutes quickly and easily in Microsoft WordTM. With VoteLog, allow the public to track legislation, ordinances, and even voting member records through your website. • Meeting preparation tools • Live minutes automation • Quick notes and text expansion • Minutes editing and publishing • Generate linked minutes Traditional VoteCastTM Paper-based methods of recording votes can be cumbersome for legislative staff, oftentimes slowing the pace of meetings. As part of the Granicus Meeting Efficiency toolset, VoteCastTM modernizes the voting process by eliminating the tedium of hand counting, paper voting, and the use of outdated standalone systems. • Easy one -touch voting • Real-time meeting synchronizing • Paperless exploration of agenda item details, text, and supporting documentation • Maintain perfect voting accuracy • Track meeting progress as it occurs • Request to speak functionality & management • Review detailed snapshot of item status, speaker queue, motion, mover and seconder • Instantly send vote tabulations to digital meeting minutes & public displays "Before Granicus it could take us anywhere from two to five hours to complete our minutes. Today, it takes me 20 minutes to an hour at most to complete them." Melinda Sayre -Castro, Assistant City Clerk, Hesperia, CA granicus.com 1 info@granicus.com page 11 G GRAN ICUS VoteCast Key Functionalities MEETING VOTING MADE EASY: Designed for simplicity, efficiency, and accuracy. • Clear and simple touch motioning and voting on either a Microsoft Surface Pro 3 or a Dell CPU & Touchscreen combo • Request to speak functionality, view speakers list, and speaker timer • Real-time results on public displays STREAMLINE THE MEETING PROCESS: Keep track & stay organized with real-time data flow that simplifies minutes' creation • Maintain perfect voting accuracy • Track meeting progress as it occurs • Speaker management • Review detailed snapshot of item status, speaker queue, motion, mover, and seconder • Instantly send vote tabulations to digital meeting minutes & public displays MEETING CHAIR CONTROLS: Stay in control • Manage the speaker queue • Start and stop voting +wcw mon a x..awMw.c COWAN, Pt MARX MOM. Fla MM, IVIVIBMOMINK1 WM. aw4..aw. Vas wow "Moor armor. awn 414.8• as...e.. 0.11•••••••09•00.11411,011.101140.0 .ra...ar.....•a+.r.r6aA Mat lora wawa. lawro Agenda PUBLIC DISPLAY: Allow the public to follow along during of the voting results. • Automatically display the agenda item on the floor to the public • Configure the look and feel of the displayed information from Granicus' templates • Show the current speaker's name and a timer that changes color to indicate duration • As an Item progresses through a motion and vote display relevant information like; mover, seconder, and voting results • Provide a clear voting summary meetings and have a clear view VOTING ALUMS Sieve aannett Kathy I Long Peter C Foy Lada Parks John C Zaragoza 0.4.1110 upw. oft Motion Passes granicus.com 1 info@granicus.com page 12 G GRANICUS !LEGISLATE® Granicus' paperless agenda application, iLegislate®, enables governments to review meeting agendas, supporting documents, and archived videos over iPad, Android, or Windows tablet. iLegislate is a free app that can be downloaded from iTunes or the Google Play Store, and works with any Granicus suite. Suite integrations increase data access and add functionality such as digital one -touch meeting voting. Granicus also offers a Windows and OSX desktop application which can be downloaded at ilegislate.com. • Convenient access to meeting agendas and supporting documents • Reduce paper consumption and move to a paperless environment • Explore agendas and attachments offline and on -the -go • Easily take notes and email agenda items • View indexed, archived meeting videos (with Government Transparency Integration) • Public opinion placed at elected officials' fingertips (with Citizen Participation integration) • Real-time meeting voting (with Meeting Efficiency integration) VOTECASTTM FOR !LEGISLATE® Traditional methods of recording votes can be cumbersome for legislative staff, oftentimes slowing the pace of public meetings. As part of the Granicus Meeting Efficiency toolset, iLegislate® + VoteCastTM on an iPad, Android, or Windows device modernizes the voting process by eliminating the tedium of hand counting, paper voting, and the use of outdated standalone systems. • Easy one -touch voting • Real-time meeting synchronizing • Paperless exploration of voting item details, text, and history • Maintain perfect voting accuracy • Track meeting progress as it occurs • Request to speak functionality & management • Review detailed snapshot of item status, speaker queue, motion, mover, seconder • Instantly send vote tabulations to digital meeting minutes & public displays Software is compatible with Apple iPad or iPad Mini (iOS 7 or greater/iPad G2 or greater), Android Devices (Version 4.3 and greater), and Windows Surface Pro (all) or Surface 3. granicus.com 1 info@granicus.com page 13 G GRANICUS AGENDA MANAGEMENT Legislative workflows often require a significant commitment from clerical staff. Drafting legislation, getting items approved, compiling information from various departments, and creating an agenda are integral parts of the pre -meeting process, yet can be very time-consuming. Then, there are live and post -meeting processes that staff must follow to ensure an accurate account of a meeting. With so many moving parts, steps can be overlooked or items can be inadvertently dropped. Using a completely automated, round-trip legislative workflow solution can save staff countless hours while helping them maintain legislative accuracy. Granicus' Agenda Management tools allow government staff to easily manage the entire legislative and agenda creation process from start to finish. From drafting files, through assignment to various departments, to final approval, these software tools are designed to reduce workloads and create a more efficient method for managing decisions. • Eliminate manual workflows. Create and manage items for agendas in one system. • Automate agenda item approvals with electronic approval processes. • Simplify agenda creation—automatically compile files and supporting materials for upcoming meetings. • Organize, store and retrieve electronic documents. • Easily track legislation and generate historical reports for staff, citizens and council. Legistar Agenda Management helps governments organize, store, and easily retrieve items for agenda creation all in one system. Legistar also maintains all legislative data and tracks each item's path through the entire process. The system allows staff to quickly and easily publish agenda and minutes documents to the Web, helping ensure records availability and promote government transparency. "We had an increased commitment to transparency. When we made the shift to Legistar, it was so easy to become transparent. So, with transparency obligations, it made sense to unify everything." Lyndsy Willette, Agenda Coordinator, Commerce City, CO granicus.com 1 info@granicus.com page 14 G GRANICUS LEGISTAR Legistar, the first software to be designed specifically to handle government's legislative process and in use by more than 300 public organizations, has proven to handle the most complex and multi -phase agenda and legislative processes with a powerful yet user-friendly interface. With Legistar, item approvals are managed automatically; approvers are notified when it's their turn to review a submitted item. Seamlessly allow for staff and elected officials to review agendas and supporting documents, take notes, bookmark items of interest and more through the iLegislate application's supported systems. Lae* Apwell• NOM lbw naci. Lariat. Putotish to oteo Capture all meeting actions after the meeting in the public record; plus, organize and store electronic documents of any file format in one repository. All documents are automatically tagged and indexed, making search and retrieval easy. Legistar allows you to track legislation from inception through approvals and actions taken by all acting bodies. • Agenda item drafting • Electronic approval process • Agenda packet generation and publication • Document organization, storage, and retrieval • Continuous legislative workflow • Legislative data tracking and search Key Benefits INTUITIVE USER INTERFACE: Legistar provides an intuitive and automated methodology for managing legislative information. The home screen displays the appropriate tools based upon that individual's security permissions, the most recent agendas, minutes, and legislative files that the user has been working on as well as any items pending their approval. This main menu provides immediate access to general reports as well as instant search features. EASY-TO-USE HELP FUNCTIONALITY: Granicus provides comprehensive online help features at all screen levels that is logically organized and easy-to-use. Help information dynamically displays topics related to the current function the user is working on and allows the user to do general searching for help information. granicus.com 1 info@granicus.com page 15 G GRANICUS Users can find topics from the tree menu or keyword search and find "how to" instructions on all functions. The "Help" key provides categories including topics specific to the form or function they are using, technical support for error message capture, the ability to submit a new feature request (Wish List), and other help functionality. "Help" consists of both tutorial assistance and helpful tips that have primarily been provided by other Granicus users. Legislative Files CREATE A LEGISLATIVE ITEM: Legislative files are the building blocks of the Legistar system. These items are used to build all documents assembled and published through the system (agenda items, resolutions, minutes, etc.). The system generates a unique ID tracking number for each new legislative file. Separate, automatic numbering may also be used for enacted ordinances, resolutions, general file numbering, or the operator may enter a unique identifier. Numbering syntax is definable by you to match your current numbering style. Legislative files may include: wow. sew. fa *WM arc.. V.someirlib r mama, aromas n sloop a.m. nvanai mow. LIB an. AWN. fle • File Type and current File Status • File Number and/or separate Legislative ID • Introduction, Final Action and Variable Dates • Associating Costs of File • Controlling Committee • Legislative Sponsor or Author (one or more) • Requesting Department/Organization • Variable User Defined Data and Date Fields • File Name and Description (variable length) • Indexed Keywords (one or more) All data fields are automatically indexed and may be used individually or in combination with other fields for fast information retrieval. With dynamic entries, search is easy. Users can instantly search all text fields for a name, term or other identifier in one step. Legistar creates and maintains a dynamic link between the legislative tracking data described above and the text for each action file. Commonly used search criteria can be saved for each user. The text of each legislative file may include the title, an analysis or summary, the body of the document, a fiscal note, staff recommendations, suggested motions, and any other supplementary notes and background information. granicus.com 1 info@granicus.com page 16 GJ GRAN ICUS DRAFT LEGISLATIVE TEXT: Legistar includes a complete file text -drafting tool -set component that allows you to store and use any number of different templates. The drafting editor includes a complete set of drafting tools, including predefined boilerplates available for a specific file type. Additionally, a user can draft a new legislative text based on text from a different file altogether (e.g., a similar past file, an outside Word file, or other imported text). Other standard features include: file version control, user definable data fields, spell checking, and more. The drafting tool -set includes: • Any number of predefined drafting templates, • Text File import for outside documents, • User defined library of pre -defined text sections for commonly required legal definitions and other, • Spell check library with user defined exception dictionary, • Active common phrase library for repetitive sentences, descriptions and other • Auto save and section recognition function to automatically populate the Agenda Title and other appropriate sections, • Version control management including saving Word Track Changes edited versions • Option to include plain text or text attributes (i.e. underline, strike-thru, font color, etc.) in published agenda. Additionally, you can define certain required fields that must be completed in order to process the request, such as a dollar amount. This control not only facilitates the pre - introduction review steps, but it helps reduce any redirects associated with missing or incorrectly drafted information. Smart Calendar Management Overview: The Legislative Management Suite provides you with the ability to schedule, store, and track all dates, times, and locations of meetings. You can schedule as far into the future as needed and publish all dates to your public legislative portal. This feature also allows users to manage items and to automatically include them on the appropriate agenda without having to predefine agenda dates for all meeting bodies. The unique Smart Calendar feature makes certain that items are never lost or forgotten and are always acted on by the appropriate body. granicus.com 1 info@granicus.com page 17 CJ GRANICUS PREPARING AGENDA ITEMS BASED ON DATES/SCHEDULES: The system automatically places an item on the appropriate meeting body's calendar based on the controlling body and the status of the item. This feature gives users flexibility in managing item placement as well as guaranteeing items will be acted on and never misplaced. When assigned, file agenda dates are color -coded to provide a quick visual reference that indicates past, present, or future agenda assignment dates. The calendar function provides three options for placing an item on an agenda: 1. The requestor may open the calendar icon and select a specific date, if known 2. The requestor may enter a general date and the system will automatically place the item on the next appropriate meeting agenda on or after that date 3. The requestor may leave the agenda date field blank and the system will automatically place the item on the next appropriate meeting agenda once all the approval criteria is met An item will not be placed on the agenda unless the appropriate approvals have been logged or until an authorized individual sets the status of another defined item. CALENDAR PUBLICATION: End users have access to a dynamic calendar of all meetings or other scheduled meetings and events. Staff, board/committee members and citizens can view schedules along with agendas and minutes through an Internet browser. The fully integrated calendar uses a dynamic link to the meeting records stored in the Granicus system. Simply add a new meeting and the scheduled event automatically appears in the online meeting calendar for the correct date. Users can search available data, sort the calendar by a particular meeting body, and view events for a particular day, month, or an entire year. All related public file information is automatically included and dynamically linked to the agenda and record in this single on-line screen form. Staff and citizens can drill down to individual file information, attachments, related files, sponsors, previous actions and vote information and much more. The City of Yourville +.,,.. yam... .k,an 11644. *o... YU.11„ 1.. Y /SIA011 »_-..� ..w 1*. �... )� �. 1oP... aa� 1111...._.aag. --- __I b.) a..11 MOW. W o11Y. Mandholl CatiOi *fladt. .). Cue esookfin 11 11111 .) u11..n...1- - u.._ ; X11.. 1.2IYCflrY .,YMI aYiY ,11.1111 w , .11. awl ,r...,,. bot mom 40•111MCIMB. 411 111111x11 w 11,11... MIAMI w,._ t.)gl commotboolos f ir1 tftn11Wi11Y. Wan/. t)w Aq. 11.11.11 v 111111air .0010 ,nw .21rn X111111 MOO ..11.11,, _ 1111 111015111•11 1111.. _ 1111. %ill mar. Vtli se* Olt WY. .1111.01111* l.WY 111tii� granicus.com 1 info@granicus.com page 18 G G R A N I C U S Automated Agenda Assembly CUSTOMIZE AGENDAS FOR EACH MEETING BODY: Legistar includes the ability to automatically generate and format unlimited agendas for any meeting body including boards, councils, committees, commissions, and departmental agendas. The entire agenda assembly methodology is identified and defined by your current workflow during implementation. The system will automatically gather and compile the appropriate data for each meeting body's agenda. PAPERLESS AGENDA APPLICATION, ILEGISLATE®: Allows staff and elected members to review paperless agendas, supporting documents, and take personal notes all through iOS, Android and Windows systems Legislative Task and Activity Tracking In addition to the agenda item approval tracking, Legistar tracks the path of each ordinance, resolution, and other legislation with a series of historical records marking the life of the issue through the legislative process. Each historical record can be described by legislative actions: referrals, responses on a referral, reasons that an action was taken, or any discussions or background information that led up to that action. For each tracked agenda item, the system captures the following data in the historical record: • Meeting body or department taking the action • Action taken and date • Verbatim action notation and full minutes text • Version of the text file that was current when the action was taken • Target of the action (e.g., to whom a referral is being sent) • Date returned (used for referrals) • Due date, if any (used for referrals) • Mover, seconder, and individual votes Individual routing entries, version changes, referrals to departments, final approvals, and other file events are automatically captured by the system and can be queried, displayed, and included in appropriate reports. granicus.com 1 info@granicus.com page 19 G GRANICUS Online, Legislative Portal and Public Access Standard Website Integration: Granicus is committed to ensuring your citizen -facing web portal fits into your website seamlessly. Legistar offers a standard research portal for legislative information that matches the look and feel of your branded website and is open to the public. Publishing your public records to an easy -to - navigate page can significantly reduce public information requests as well as costs associated with copying and printing. Uti▪ mol stasemuom 1.4▪ 04111101. dosomoursiore imonserommo Cop PPP poop PIPPo This public -facing portal provides a complete browser -based solution for organizing, searching, printing, and otherwise accessing public information. No additional work is required by the clerk's office, IT or other departments to maintain the page, significantly reducing the administrative burden of updating public information and responding to information requests. The legislative web portal includes the following features: LEGISLATION RESEARCH: Allow staff and public users to access legislative file information and reports through the Internet. All publicly available legislative files, supporting documents and attachments, important dates, and more can be accessed online at any time. am ppeep- .... Wma v.sysa 9421, nm..IIMsYrE..r..r.rwr•..•••,. .....o.P.,..te. ..m.1.0r.,14 'g.nl/•02.a....11M. MEETINGS CALENDAR: Provide public access to a dynamic calendar of all board, committee or other scheduled meetings and events. Staff, board members, and citizens can view schedules, agendas, and minutes through an Internet browser. Users can search available data, sort the calendar by a particular meeting body, and view events for a particular day, month, or an entire year. Plus, the PDF Server automatically converts Excel, Word, MS Office documents, and other file attachments to PDF documents. DEPARTMENTS AND PEOPLE: The "Departments and People" tab allows constituents to search, view, or contact council, committee and other elected and/or appointed members through your website. Staff, board members and citizens can view representatives' information, open positions, terms of office, vacancies, and more. As you add or change office membership or personal information, updates automatically appear on your public legislative portal under the "Departments and People" tab. granicus.com 1 info@granicus.com page 20 C GRANICUS STREAMING VIDEO OR AUDIO: Many government agencies now maintain digital video or audio recordings of their public meetings. Take recordings a step further and provide the public with a recording indexed to an agenda or minutes record. PUBLIC AND PRIVATE ACCEss: You have a great deal of flexibility in configuring the system's appearance. Configurations include the website header, graphics, fonts, skins, and messages that match the look and feel of your website. The legislative portal is accessible through an Internet browser and is intuitive and flexible. The general public, businesses, media, and others can access, search, track, and share public data through this page. Authorized staff members may have extended functionality through a secure personal login. Authorized users have the ability to add attachments to a meeting agenda record, including approved minutes of the previous meeting to add to the current meeting. Search Legislation and Subscribe to Online Notifications The public legislative portal includes a number of intuitive search and communications tools that allow users to be notified when information of interest is published. Users can also provide feedback to representatives or share search results over social networking sites. Subscription and share features include: RSS: Our web portal also includes standard RSS feeds. Staff and citizens can subscribe to content and receive real-time notification when it's updated for things like legislative history changes to items. SOCIAL BOOKMARKING: Social bookmarking is available for board members and users, allowing them to store, organize, search, and manage agenda bookmarks. Our customized web portal allows users to save webpage links that they want to keep and/or share. These bookmarks can be saved privately, shared only with specified people or groups, or shared inside certain networks or another combination of domains. ADVANCED SEARCH: Granicus provides advanced search capabilities modeled after Google Search. Granicus search allows you to search all legislative data, including meeting videos if available. Filter searches by date, item status, department or meeting body, and more. Results take the user to the specific record or the point in the meeting video when the searched topic was discussed. The search engine allows users to perform an unlimited number of search parameters at the same time and do complex inquiries in a single pass. These search qualities are available both internally for staff and to the public via your online legislative research portal. granicus.com 1 info@granicus.com page 21 G GRANICUS System Reports Reports are automatically generated based on the data entered into the system. Once data has been added, the system uses its built-in sort and formatting routines, defined by the documents they are intended to produce, to abstract the correct information, and produce all requested documents in specific formats: agendas, certifications, notices, and minutes. Some standard report types are listed below. The operator may also specify the printing of subsets of pages of a report, rather than the entire report. • Hearing notices • Matters introduced • Meeting attendance • Meeting calendar • Pending items list • • • • • Subject matter index Voting record Mailing labels Agenda and Minutes reports Meeting referral notice • • • • • Agenda item reports Matter summary Item master Certified copy Signature copy These and other system generated reports may be previewed, directed to a printer, saved to a local directory, or exported in PDF or HTML format for later use or transmission to other departments via electronic mail or media transfer. In addition, a number of table and status reports are included with the system and can be generated on demand by system users. Automated Minutes Annotation The minutes feature within Legistar was designed by clerks to significantly reduce the time it takes to create and publish minutes. All actions, votes, and notes can be captured for a seamless, round-trip workflow. Staff can publish draft minutes to the organization's website within minutes of a meeting's adjournment. Plus, the system can reassign agenda items to the appropriate department based on the actions taken during a meeting, saving staff time and reducing errors. Administrative Controls, Featuring Remote Administration Legistar has very defined administration privileges with hundreds of security settings. Security features can be defined to a single field, user, or group and include permissions that can be applied to all data and activities. Granicus provides full system administration experts who will work with you to provide administration remotely, in addition to training you on your own administration control settings. Our administrative and technical support is available to you 24/7,365 days a year to assist you in configuring your system. Administration is easily managed through intuitive forms and table -controlled settings that do not require technical expertise. Even users with limited technical skills can be trained on how to create and manage security and other administrative modifications. granicus.com 1 info@granicus.com page 22 G GRANICUS Define an unlimited number of security groups, each having its own settings and names. For example, a "Legal Office" group could have "add" and "edit" access but permission to generate an agenda or take minutes. Secured and non -secured statuses on different file types, agendas, and minutes allow you to further define the records that can be viewed. For example, the Finance Department could be restricted to creating/editing agendas and minutes only for the Finance Committee. You can control access to most functions, including viewing, editing, and deleting records and agendas and printing reports. Security can be set for all of the following functions: • Viewing, adding, editing and deleting files • All text functions • Editing fields within the Legislative File screen • Adding, viewing, or editing agendas and minutes • Viewing or editing legislative history lines granicus.com 1 info@granicus.com page 23 G GRANICUS BOARDS AND COMMISSIONS We understand the complexities related to tracking advisory boards and aim to make the process more simple, efficient and paperless. The Granicus Boards and Commissions module offers a complete solution for managing the workflow process associated with tracking appointments and vacancies within appointed boards, commissions, and committees. This solution also includes an easy to use citizen -facing portal that lists boards, member rosters, appointments, vacancies, and provides an online application form for citizens. hiiIuii1j V .011,10/110 1.114.11106.111111. e V Man Boards and Commissions provides the following functionalities: • Keep track of all appointed and advisory boards in one place • Appointment Tracking • Online Application Workflow Process • Notification of Position Expirations & Upcoming Vacancies • Ability to Search & Filter Applications based on Specified Criteria • Internal -only details fields and checklists to keep track of people throughout the application and vetting process • Generate Applicant and Appointment Packets with Attachments • Customizable Citizen -Facing Portal for Increased Transparency • Embeddable Integration into Existing Website • Data Conversion of Current Boards & Commissions Content for a professional service fee "The software has allowed our process to be more automated, more consistent and more trackable." Eliza Garza, Senior Deputy City Clerk, Stockton, CA granicus.com 1 info@granicus.com page 24 CJ GRAN ICUS Process Complexities the Board and Commissions Module Will Solve Granicus has worked with more than 1,200 government municipalities to pioneer software solutions exclusively for government. ® �� Given our experience, we understand the complexities related to tracking boards, appointments and applications, and aim to make the process more simple, efficient, and paperless. Below is an example of the in- 14 depth process that takes place during the pre -appointment, appointment and post - appointment workflow process for Clerks or Administrative Coordinators: PROCESS COMPLEXITY Managing the entire citizen appointment process Moving the boards and commission application process online not only cleans up the clutter of paper, it automatically organizes all of the applications and makes them searchable and sortable. Boards and Commissions also provides numerous tools for all the phases of the citizen appointment process. PUBLIC NOTICE OF VACANCY: With the Boards and Commissions application, all vacancies are displayed online. Promote the need to fill open spots on your website and through social media with buttons and links to apply online. COLLECTION OF APPLICATIONS: Use Boards and Commissions to build a pool of applications for vacancies. Applicants can apply online to multiple boards at any time. Customize email templates to notify applicants their information was received. QUALIFYING & BALANCING CANDIDATES: While reviewing applications, check off important r.rr *m.IOW 1r... 4011MM 011.1. .6 M .11100 ION qualifiers such as residency or their oath of office. Search across all applications, filter by boards applied to, or demographics, such as district or ward, gender, ethnicity, or political leanings. View insightful graphs, searches, and filtering to quickly identify the best candidates. APPROVING & APPOINTING: Quickly find candidates, generate packets and send them to the approving body. Once appointed, members automatically show on the public - facing site as part of the board roster. granicus.com 1 info@granicus.com page 25 G GRANICUS SIRE MIGRATIONS Granicus offers a specialty migration service specifically for SIRE databases and is able to do a full, field by field, migrations from SIRE's legislative management solutions to Granicus solutions. This service allows clients moving to our system to preserve much of the same data structure they had in SIRE, such as meeting timestamps, file numbers and other searchable metadata. ON GENERIC FILE MIGRATIONS Granicus also offers a basic document and media migration service that can accommodate documents such as PDFs, Word Documents and other common file types - that have consistent filenaming conventions or can be provided in our loading format. Granicus will also perform any filetype conversions that our solution requires. Some Factors to Consider: • Granicus has recently completed 2 previous SIRE migrations both to Legistar for Legislative files, as well as Media Manager for Video Files and Timestamping • Granicus is currently implementing 4 large SIRE migrations in with lots of interests from other jurisdictions. • Our process accounts for the high degree of configurability between different SIRE implementations by including an in depth mapping and sampling process with a Granicus Analyst - ensuring that any migrated or transformed data meets the needs of the client. • Granicus has over 20 years -experience working with electronic legislative systems - making us ideally suited for helping our clients analyze and work through their data to ensure the most seamless experience when moving to our Legislative Management and Media Manager platforms. Below is a sample scope as work for a generic SIRE migration. This document is altered on a per client basis. Temecula Data Migration (SIRE/VIDEO/DOCUMENTS/LEGISTAR) Date: TBD Summary: Temecula is interested in migrating historical data from SIRE and their website into the Granicus Media Manager/Legistar platform. Data Type Filetype Est Date Range Current Location SIRE Self Hosted Platform SIRE Database, Linked Agendas, Video Files, Minutes Documents TBD SIRE - Hosted by Redwood City Process - What to Expect: The Granicus Data Migration process is meant to properly account for your data and ensure all data included into this scope of work is accounted for. This quote is based on the preliminary information provided via the questionnaire - but final validation is done based on a total number of records and/or file size migrated. granicus.com 1 info@granicus.com page 26 G GRANICUS Examples of SIRE data converted to the Insite Web Interface. Please note that the highly configurable nature of both SIRE and Legistar can lead to variances on how this data will look. Sample Migrated Meeting Record Fume Ptaalrq Name: Metro COunoi Agenda status: Fru Pq date/tune: 12/16/2010 6:00 PM Minutes status Fru ►wrq locution: 3rd Floor Gtr Halt PI6Yled agenda: &CNA Published minutes: ". Acbon Summary/Minutes Meeting video: AftadNnents: Action -Summary A9erxld-Packet Mattng Awns (0) 0 records Show Legislation onry File N Ve, 4yenGa R ..tare TYOe nee No words D dmiay Sample Migrated Legislative File Dads NEAR 0-10915-11 AN OIIOaNIIEMOOING (MAW( ND 126, SERIES 2007 ANO ORDOUNZ IID. 1111,5011E5 2010. MATING TO T5E Fle 0 0-109-05-:1 *rue, '. Name FELL 5018 2007111AID FECAL TEM 2010-11 CAPITAL BUDGETS, RESFECTIVELY, FOR TIE LOMV0.11(a?FTE11931I COUNTY MEMO mvERIMENT BY 'RANEE 119e Pyma z SIVA PANE Fee AAA 5/12/2011 le ARA Wept Cony On apmaa: 5/26/2011 Rel afore 52&2011 AN 11RD0W00 AMENDING CIDMMI<f NO 126, SERIES 2007 MD ORDNANCE NO. 116 5ER1E.5 2010. RELATING TO DE FISCAL YEAR TRUe. 200716 AND F15CM. YEAR 2010-11 CAPFUL aucce . RESPECTIVELY, FOR TIE LOLSYNUEJE1TERSCre COOT METRO RO GOVERNMENT NY'RMEER0DW 625,000 .N FACING BETWEEN CAPITAL PROJECTS RELATED TO 05TR1CT 11. SPamF. Kenn Kramer GR -11) Mt dmerK NIYY 41 0 Naves S3' 0-109-05-1104 1 0-10945-/1 AN cetorkuict A 109019 G CRDOMN 1 NO 12 - Budget aider ar6Nrteaon valor Re ua« can :Ada Derws 'rem Sample Mi rated Video w/ Minutes and Timestamps Asad MAIM a�rerr. CITY COUNCIL ADJOURNED REGULAR i Index LDL, TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE MOMENT OF SILENCE MUSICAL PRESENTATION "=.0,"—.7.1=3". granicus.com 1 info@granicus.com page 27 G GRANICUS SIRE Migrated Data 1. Meetings will be created in Granicus for each meeting present in the SIRE database 2. PDF's for Minutes, Agendas and Agenda Packets will be placed into the Legistar & lnsite Database 3. Agenda Items/Legislative Files in SIRE, along with their attachments, will have a corresponding file created in Legistar. 4. Videos/Audio will be migrated and if necessary - transcoded - into the Granicus Media Manager platform. 5. Any timestamp information available for each media file will be converted to the Granicus timestamp format. Inventory & Transfer Once the project kicks off - a project manager will be assigned to facilitate and work with the client through the migration process. The data will be transferred to Granicus via FTP (provided by Granicus). After Granicus receives the data - Granicus will confirm the number of records received and/or file size with the client to ensure the complete data set has been received. A copy of the SIRE database along with underlying files will need to be provided to Granicus. Analysis and Mapping • Once all data is received and analyzed by Granicus - Granicus will confirm the data received and work with the client to determine location and confirm mapping. • These field mappings will be confirmed with the client before proceeding to programming. • A sample file from the SIRE database will be created in Media Manager and Legistar for the client to verify. Upon acceptance programming and migration of the full dataset will take place Validation & Acceptance • Data will be verified by Granicus to ensure the proper number of records and documents have been created. granicus.com I info@granicus.com page 28 G GRANICUS Support and Maintenance Our support team includes dedicated personnel to handle direct phone and email support. Clients also have access to the Granicus Help Portal for self -training and issue submission. Security patches and necessary upgrades are scheduled immediately upon discovery (normally within a few hours of being brought to our team's attention). We assist onsite tech staff with all updates as part of the annual maintenance, including new features (as part of our normal ongoing development cycle) for the modules and systems you have purchased. The impact on your staff is normally no more than a few hours. UP -TIME GUARANTEE 99.9% Granicus represents and warrants a 99.9% up -time guarantee per month for its hosted services. Granicus will provide notification of any system -wide outages within one hour from the time the issue is first recognized by our operations team. Notifications will be posted on status.granicusops.com. Email notifications can be subscribed to from that page. SCHEDULED MAINTENANCE Scheduled maintenance of the Granicus Solution will not be counted as downtime, and will only take place between 9:00 PM and 2:00 AM MST on Fridays. This maintenance window allows Granicus staff to continue to monitor and test the production system through the weekend, ensuring a smooth maintenance deployment. Granicus will provide the customer with at least two (2) days prior notice for any scheduled maintenance. All system maintenance will only be performed during these times, except in the case of an emergency. When emergency maintenance is required, the customer will receive as much advance notice as possible. Granicus will clearly post that the site is down for maintenance and the expected duration of the maintenance. Notifications will be posted on status.granicusops.com and can be subscribed to from that page. granicus.com 1 info@granicus.com page 29 G G R A N I C U S How to contact Granicus The Customer Care staff at Granicus may be contacted by the customer via Internet, email, or telephone. CONTACT INFORMATION Online (recommended) www.granicus.com.createacase Email customercare@granicus.com Phone (for urgent issues) (877) 889-5495 ext.1 SUPPORT HOURS Regular Hours Prime Hours After Hours Support Weekend On Call 6:00 AM - 6:00 PM MST Monday - Friday 8:00 AM - 6:00 PM MST Monday - Friday 6:00 PM - 11:00 PM MST Monday - Friday 6:00 AM - 6:00 PM MST Saturday & Sunday How We Rank Cases PRIORITY 1: EMERGENCY INITIAL RESPONSE: WITHIN 1 HOUR DURING PRIME HOURS Severe application problem that causes productivity to cease for a large number of staff or complete loss of service to either website or intranet (application -related site outage). Examples: • Web server is running but application is non- functional • SQL -server errors not related to hardware PRIORITY 2: HIGH INITIAL RESPONSE: WITHIN 4 HOURS DURING PRIME HOURS Application/service is available, but in a degraded mode. A work -around is possible or a brief loss of service is acceptable. Impacts only a small group or causes work to cease for an individual. Example: • Site is operational, but search, calendar or other modular functionality is non- operational or impaired PRIOIRTY 3: MEDIUM INITIAL RESPONSE: 1 BUSINESS DAY Moderate business impact; issues have affected productivity. A work -around may exist or the problem is for a non business -critical task. Examples: • File attachments won't upload • Text is not rendering correctly PRIORITY 4: LOW INITIAL RESPONSE: 3 BUSINESS DAYS Limited business impact. Requests can be scheduled. Examples: • Programmatic change to back -end or front-end to improve efficiency • Distribution of all patches and upgrade granicus.com 1 info@granicus.com page 30 G GRANICUS Do any parts of the product work? Is your problem limited to only some parts of the product? YES --► NO ► PRIORITY 1: EMERGENCY CALL GRANICUS CUSTOMER CARE 1-877-889-5495 OPT. 1 Can you complete your work in any capacity at all? Is the system working but not to your satisfaction? YES YES Initial response within 1 hour during prime hours (M -F 8am-6pm MST) with updates as scheduled with Grancius NO --► PRIORITY 2: HIGH SUBMIT A CASE VIA THE HELP CENTER WWW.GRANICUS.COM/CREATEACASE Initial response within 4 hours during prime hours (M -F 8am-6pm MST) with updates as scheduled with Gra nicus ► PRIORITY 3: MEDIUM SUBMIT A CASE VIA THE HELP CENTER WWW.GRANICUS.COM/CREATEACASE Initial response: 1 business day Staff will be notified when Granicus completes the repair PRIORITY 4: LOW SUBMIT A CASE VIA THE HELP CENTER WWW.GRANICUS.COM/CREATEACASE Initial response within 3 business days during prime hours (M -F 8am-6pm MST) with updates as scheduled with Gra ncius granicus.com 1 info@granicus.com page 31 G GRANICUS GRANICUS HOSTING GENERAL INFORMATION FOR GRANICUS DATA CENTERS Granicus delivers its Software -as -a -Service solution from top -tier facilities located in both the United States and Canada. Each facility meets or exceeds Tier III standards) as measured by the Uptime Institute (http://uptimeinstitute.org/). These facilities are engineered to the highest standards, ensuring application and data availability and security. Data centers are protected with a dual -alarmed, dual -interlock multi -zoned, dry -pipe, water-based fire suppression system armed with sensory mechanisms (HSSD) to sample the air and give alarms prior to pressurization. Production area fire suppression is provided by a multizoned, pre -action, dry -pipe system. For the system to trip, multiple cross-linked events must occur. These include detection by ceiling mounted smoke - heads and smoke "sniffers" located throughout the facility. Lastly a sprinkler head must trip for the system to activate. This requires a temperature of 140 degrees F at the head location. Fire -suppression is localized at the event point only. Granicus reviews internal controls on an ongoing basis. In addition to our normal internal control reviews each of our hosting providers are required to meet or exceed the AICPA SOC 1 and SOC 2 and/or ISO/IEC 27001:2013 standards. Compliance summary reports can be provided upon request. ACCESS CONTROLS & MONITORING Physical Access Control Physical access to all areas of the datacenter is also controlled by biometric hand scanners. Access logs are maintained for thirty days, with retention periods for some logs up to one year. Delivery and shipping areas are monitored by CCTV and are walled off from production areas. The data centers are staffed with security guards 24x7x365. All equipment, tools, packages, bags, etc. are checked prior to entering or leaving the data centers. Only authorized personnel have physical access to the environment. If a 3rd party (repair technician, custodial staff, etc.) would need access to the environment, the appropriate tickets would be opened to allow access. The individual would need to be escorted by an authorized staff member always. granicus.com 1 info@granicus.com page 32 G GRANICUS DATA ACCESS & SECURITY Privileges are assigned to individuals based on the concept of "least privileged", which assigns each user the minimum set of rights and only provides additional access to data if required by job function. This is assigned and tracked via management oversight. All notable modifications are logged, including the user who made the changes. Access control lists, Virtual Local Area Networks and inspection firewalls are utilized to form a defense -in-depth strategy. Staging and Development systems are deployed separate from Production systems. Access control logs contain successful/unsuccessful login attempts. All network activity and changes are fully audited and logged. All changes to production infrastructure are governed by a Change Request Process managed by our Vendors and approved by Granicus. Logs are maintained in an archive for up to twelve months from the original date. All users have individually -assigned user ids and passwords and tied into a centralized onboarding and off boarding process for Granicus Employees. SYSTEM AVALIABILITY All Granicus systems are highly redundant. This is accomplished via multiple independent active systems hosting each application behind industry leading load balancers where possible. For systems where multiple redundant active nodes are not possible systems are virtualized and configured for high availability across multiple physical servers. All internet connections into our production datacenters are multi -homed with multiple independent upstream internet providers in each datacenter. Networking within our production infrastructure is engineered for no single point of failure. All load balancers, firewalls, network switches, and physical network connections have redundant paths to both storage, the production network, and power. Our data centers power systems include Uninterruptible Power Supply (UPS) systems with N+1 redundancy, backup generators in the event of a supplier failure, and multiple independent paths to all equipment. These systems are monitored and tested on a regular basis with scheduled maintenance to ensure reliability. Production systems are closely monitored 24x7x365 by both our vendors and Granicus via multiple independent tools to ensure events can be detected and resolved as quickly as possible. Granicus employees are available to our datacenter vendors via an automated system of progressive escalation to multiple employees located in multiple physical locations granicus.com 1 info@granicus.com page 33 G GRANICUS BACKUPS AND RETENTION Backups are maintained for a period of 28 days. The exact architecture varies by Granicus product but at a minimum 28 days of nightly full database backups are maintained for all Granicus products. Information classified as sensitive or time critical is backed -up much more rapidly and available in increments of 15 minutes for up to 3 days. Backups are replicated to multiple independent datacenters. DATACENTER RESTORE AND RECOVERY The deployment of new, replacement, or expanded production systems is highly automated. All services can be replicated from backups stored in multiple independent datacenters in the event of a true datacenter outage. granicus.com 1 info@granicus.com page 34 G GRANICUS SCOPE OF WORK INFORMATION 1. Introduction and Background This Scope of Work ("SOW") defines deliverables, responsible parties and timelines for the implementation, and post -implementation service and support, of the legislative management solution provided by Granicus, Inc. ("Granicus") to the City of Temecula ("Client"). This SOW is an integrated component of the final contract between Client and Granicus. Client has selected Granicus to provide an Automated Agenda and Commission Management System. Business objectives to be achieved by this solution are as follows: Open Platform and Government Transparency • Give citizens access to live and archived streaming through Client website • Import agendas and index video live • Manage and distribute unlimited meetings and events automatically • Integrate closed captions with video • Measure participation with in-depth video analytics • Streamline live meeting processes into a workflow that combines minutes with meeting recordings • Record roll call, agenda items, speakers, motions, votes, and notes through a simple interface Open Platform and Government Transparency with Legistar • Reduce public inquiries with searchable, self-service access online • Allow the public to track legislation, ordinances, and voting member records through Client website • Provide historical tracking and reporting on all legislation initiated in the solution Meeting Efficiency • Perform tasks associated with capturing and publishing minutes electronically • Automate the agenda management process VoteCast • Integrate VoteCast to enable real-time meeting voting and recording on the touch -screens (VoteCast Classic) or iPad and/or Android voting machines • Allow elected officials to participate in public meetings using touch -screen displays to record motions and votes as well as request to speak • Enable viewing of full agendas, supporting materials, the current item, speakers, and vote results on the touch -screen display granicus.com 1 info@granicus.com page 35 G GRANICUS Legistar • Streamline business process and workflow throughout the legislation process: from drafting through adoption and filing • Perform tasks associated with legislation drafting, review, approval, and filing process electronically • Automate the legislative workflow with electronic approvals and signatures Boards and Commissions • Create customized application forms • Manage board rosters, appointment workflows, and vacancies • Provide information to public via embeddable buttons and widgets (defined as a component of an interface that enables a user to perform a function or access a service) for Client website • Allow internal stakeholders to peruse information via citizen application search and filter tools All Solutions • Receive training for all members of the organization through a "train -the -trainer" concept • Substantially reduce hardcopy printing of documents related to meetings and legislation granicus.com 1 info@granicus.com page 36 G G R A N I C U S 2. Project Scope 2.1. GRANICUS MODULES Included in this solution, Client will receive the following Granicus modules: Open Platform provides the ability to upload and publish content such as videos and documents to the Internet. The feature list includes: a. Unlimited government public meeting content storage and distribution b. Archived video editing and indexing c. An internal and public -facing citizen web portal d. Live and on -demand streaming to computers, tablets, and other mobile devices (Note: only if Client has an encoder or uploads a video to MediaManager (see 2.1.7 below).) Government Transparency provides the ability to stream meetings and events live, to link related documents to video, and to improve the search of archives. It includes unlimited cloud bandwidth and storage as well as local live and on -demand streaming. The feature list includes: a. A media portal for publishing live and archived videos on Client website b. A single video player webpage providing indexed videos, agendas and supporting materials such as staff reports, memos, and ordinances c. Searchable, self-service access to online public meeting or event data, including: agendas, minutes, notes, motions, votes, and captions. Includes advanced filters for date range, data type, and more. d. Live importing of agendas and video indexing of materials such as agendas and minutes e. Automated management and distribution of unlimited meetings and events f. Option for closed captioning integration for video g. In-depth statistics on video views h. Viewing of videos, agendas, minutes, and supporting documents on computers, tablets, and other mobile devices i. Downloadable video in MP4 format j. Facilitation of sharing videos over social networking sites or through email RSS subscriptions and user search alerts supported iLegislate connects agenda data to tablets and mobile devices to enable the review of agendas and supporting documents, note taking, and more, on the go. The feature list includes: a. Viewing of videos, agendas, minutes, and supporting documents on mobile devices that use Apple iOS (iPhone and iPad) and some Android devices (Note: only if Client has an encoder or uploads a video to MediaManager [see 2.1.7 below].) b. Review of agendas and attachments offline and on -the -go c. Note taking, bookmarking, and emailing of agenda items d. Review of indexed, archived meeting videos granicus.com 1 info@granicus.com page 37 G GRANICUS Encoding Appliance hardware is pre -configured and includes: a. Live and on -demand streaming on computers, tablets, and other mobile devices b. Granicus maintenance updates c. Extraction and display of embedded closed captions to help maintain ADA compliance d. H.264 video codec encoding e. HTML5 and Flash compatible streaming delivery f. Available encoding quality settings Encoding Quality Dimensions Combined Bitrate Video Bitrate Audio Bitrate Profile Width Height kbps kbps kbps Low 320 240 350 350 96 Medium 480 360 696 600 96 High 640 480 1096 1000 96 Widescreen (Low) 480 288 516 420 96 Widescreen (Medium) 640 360 816 720 96 480p 720 480 1096 1000 96 720p* 1280 720 2096 2000 96 720P "HIGH DEFINITION" STREAMING AND ARCHIVING IS AN ADDITIONAL COST. GRANICUS STRONGLY ENCOURAGES USING A PERFORMANCE ACCELERATOR WHEN HIGH DEFINITION IS IMPLEMENTED. LiveManager allows for full meeting control with the ability to start, stop, pause, index, and annotate events. Other key functionality includes: recording roll call, time stamping agenda items/video, and recording motions and votes. Meeting Efficiency is a live meeting workflow solution that combines minutes with a meeting's recording. It allows users to capture, finalize, and publish minutes and record roll call, agenda items, speakers, motions, votes, and notes through a simple interface. The feature list includes: a. Meeting preparation tools b. Live minutes automation c. Quick notes and text expansion d. Minutes editing and publishing e. Linked minutes generation VoteCast enables the electronic submission of motions, votes, and speaker functionality. Features include: a. Hardware configuration and installation for: i. VoteCast tablets and/or stations for voting members, and ii. One VoteCast display (Central Processing Unit) b. Users can view full agendas, supporting materials, the current item, speakers, and vote results. granicus.com 1 info@granicus.com page 38 G GRANICUS c. Actions are recorded directly from voting members and a public display shows the current item, vote results, and a speaker timer. d. Ability to show or hide live vote results, including a numerical tally for officials or the meeting chair. This can be done during the live vote or after it has been completed. e. A digital speaker queue and speaker timer f. Vote automation and vote types ("Yes" or "Yay", "No" or "Nay", etc.) (VoteCast Classic only) g. Ability to review paperless agenda packets h. Show or hide motion information and mover/seconder buttons (VoteCast Classic only) i. Ability to view supporting document attachments j. Customized names for officials k. Ability for meeting chair to have controls such as start/stop/reset vote, call speakers, etc. I. Public display designed to keep people in the meeting chamber, TV viewers, and the Web audience up -to -speed on meeting action (e.g., current item, vote results, speakers, etc.) Legistar is Granicus's end-to-end legislative management solution. Features include: a. Live recording of actions, notes, speakers, and attendees will be through LiveManager. These recordings import directly and automatically into Legistar (user will initiate this action), automating the minutes recording process. b. Granicus will configure Legistar and Media Manager to allow for an import and export process to occur. Granicus will perform one or more tests after Legistar is configured to confirm data imports and exports from Legistar and Media Manager. c. Automation of the following business processes to support a streamlined workflow, with modifications to achieve the best practices as necessary: i. Legislation Drafting and Submission: when departments, agencies or Council Member initiate legislation ii. Legislation Review and Approval: draft legislation delivered to departments/agencies or meeting body for review and approval iii. Agenda Management: create and publish meeting agendas, provide supporting material, and manage status of agenda items (e.g., withdrawal, held, etc.) iv. Meeting Management: create meeting minutes, provide supporting material, and manage status of meeting items v. Public Portal: publish items (e.g. agendas, minutes, statuses) and video to Client public portal vi. Amendments: can be recorded at every point of the legislative process vii. Bill Closeout: record approvals, electronic signatures (Approval Tracking System) and digital filing viii. Version Control: full version control of legislative files (not attachments) throughout the legislative cycle granicus.com 1 info@granicus.com page 39 G GRAN ICUS d. Electronic legislative history tracking and reporting: ability to research previous and current legislation created within the system and supporting material, the actions taken on the item/current status, and report on it. e. Legistar comes with four styles of agenda, minutes, and text file reports. Client is expected to select a particular style for the agenda, minutes, and text file reports that will be used. Utilization of any or all of these reports is at Client's discretion. Samples of the reports can be viewed at: http://tinyurl.com/oanlamr. Client can enter data into Legistar and utilize various print options to produce desired reports. Changes to Legistar Reports (Crystal Reports or other reporting engine) are considered out of scope. f. Development of up to 25 workflows for the primary meeting body that can be used concurrently, allowing unique departmental processes to be tracked electronically. Additional workflows can be created by internal users and training will be provided on how to do so during System Administration Training. g. Creation of an InSite webpage which can be customized, as desired, in the following ways: h. Insertion of a header/banner image at the top of InSite (Client can specify or Granicus can pull an image off of its homepage). The image should be at least 100px high, logos are preferable. i. InSite color theme. Please select one from the following options presented here: http://tinv.cc/o91e5x. ii. Removal of any of the default tabs (e.g., People, Council, and Departments) iii. Change of any of the captions/labels (e.g., changing "Legislative Text" to read "Staff Report" or changing "Calendar" to read "Schedule") iv. Remove fields or captions v. For existing Clients: a tab created to point to the existing view pages vi. Note: InSite is not developed or supported when used as an iFrame. Individual colors in the text/design elements cannot be individually changed. InSite must use the theme system. 11. Peak Agenda Management offers a complete, web -based solution for managing the agenda workflow process. Features include the following: a. Initial configuration for one meeting body and one agenda template and ongoing support of Peak for the meeting bodies that Client chooses to maintain in Peak b. Automation of the following business processes to support a streamlined workflow, with modifications to achieve the best practices as necessary: i. Agenda Item Creation: Creating and managing agenda items and supporting attachments ii. Agenda Item Review and Approval: Routing agenda items through sequential or concurrent approval phases iii. Meeting Scheduling: Scheduling one time or recurring meetings iv. Real -Time, Dynamic Agenda Management: Creating draft and final agendas made up of approved agenda items v. Paperless Publishing and Distribution: Publishing agenda and agenda packets to iLegislate and the web. granicus.com 1 info@granicus.com page 40 G GRANICUS c. Selection of one agenda report template to be used for all meeting bodies d. Dashboard for quick access to important data e. Admin section to configure and maintain system information Boards and Commissions offers a complete solution for managing the workflow associated with tracking appointments and vacancies within different meeting bodies. This solution includes a citizen -facing portal that lists each meeting body, member names, appointments, and vacancies. The solution provides the ability for administrative users to search and filter all applications based on specified criteria, and notifies the administrator of upcoming vacancies via the system dashboard. The Boards and Commissions module will provide the following functionality: a. Meeting body tracking b. Position and appointment tracking c. Online application workflow process d. Notification of position expirations and upcoming vacancies e. Ability to search and filter applications based on specified criteria f. Configurable citizen -facing portal for increased transparency g. Export of applications with attachments h. Embeddable integration into existing website 2.2. LICENSING, TRAINING, MANAGED SERVICES, AND SUPPORT 1. The licensing for this solution is considered to be a site license. 2. Software configuration and installation as included in the upfront and managed service fees 3. Installation of the software system into one environment 4. Configuration, support, and software updates for one meeting body are included in the monthly managed service fees. A meeting body is understood to mean a body that requires any combination of the following: a. A unique agenda template b. A unique minutes template c. Any other unique template d. A separate meeting type, title, or purpose Additional meeting bodies are considered out of scope. 5. Integration and validation with existing Granicus solution and content 6. Go -Live support 7. Training Classes. Granicus will provide online training to Client's designated System Administrators and on-site training for user training, which will be administered in a train -the -trainer approach. 8. Access to reference and support materials and documentation 9. API Integrations. Granicus makes available the use of its various APIs to its Clients to enable them to extend their Granicus data in a variety of ways. Examples include leveraging the API to import data from a third -party system into Granicus and, conversely, exporting data to a third -party system. Granicus will provide its APIs, as well as any existing documentation, to Client upon request. Any modification to the API is considered out of scope. granicus.com 1 info@granicus.com page 41 C GRANICUS 2.3. ADDITIONAL COMPONENTS, NOT INCLUDED (FOR LEGISTAR ONLY) 1. Municode Integration: Legistar-Municode integration so that so that legislative searches conducted on Client's InSite page can return data from both Client's Legistar database and Municode. 2. Laserfiche Integration: Laserfiche integration so that files can be both retrieved from and deposited into the Laserfiche system (Laserfiche required). 3. An additional database can be purchased if an additional training or QA environment is required. 4. ATS (Approval Tracking System/Online Approval System): (Note: This a default component of the Legistar system that allows for electronic approval to be used in the various workflows and is optional.) Granicus will review the approval tracking sequences with Client on Needs Analysis Call #3 and configure up to 25 complete sequences. Client's project team is responsible for configuring additional approval tracking sequences if more than 25 are required. granicus.com 1 info@granicus.com page 42 G GRANICUS 3. Out of Scope This section captures the most common out -of -scope scenarios that Granicus encounters during the lifecycle of any given project. Granicus will not engage in any out -of -scope work without prior written approval from Client. Any product change or enhancement not explicitly listed in the project scope in Section 2 is considered out -of - scope. 1. CREATION OF CUSTOM REPORTS a. A custom report is defined as a report that requires modifications to either the core code of Legistar or the reporting engines. b. Examples of out -of -scope custom reports include, but are not limited to: i. Creating a brand-new data field that does not exist on any report or existing database ii. Having data that displays on one type of report display on another iii. Adding a second logo to a report c. The creation of any custom reports requires a separate assessment and project scope. Billing for custom reports is assessed on an hourly basis at the current professional services rate. 2. API INTEGRATIONS a. Examples of out -of -scope API requests include, but are not limited to: i. Requests to make modifications to API functionality to accommodate any third -party integration ii. Any feasibility/data gap analysis to determine whether or not an API will be suitable for any Client integration or business need iii. Any custom programming/configuration done by a Granicus staff member or contractor to accomplish or in pursuit of accomplishing any API integration iv. Any request for support regarding a third -party integration not created by Granicus or its contractors v. Any other API integration not clearly defined by this original scope of work vi. Billing for out -of -scope API integrations is assessed on an hourly basis at the current professional services rate. granicus.com 1 info@granicus.com page 43 G GRANICUS 3. DATA CONVERSION AND MIGRATION OF HISTORICAL DATA INTO GRANICUS. A data conversion/migration is defined as a service whereby Client requests Granicus to move, convert, upload, or otherwise make available any data not originally generated by a Granicus product to appear or be utilized in Client's Granicus solution. Common scenarios include (but are not limited to): a. Moving previous video data captured by another system or process into the Granicus solution b. Moving previous agenda, minutes, legislative documents or data into the Granicus solution c. Ensuring the video data and meeting documents remain associated with a specific meeting 4. PRODUCT CHANGES OR ENHANCEMENTS. If Client wishes to make a feature request, it may do so at any time through its Granicus Project Manager during this implementation. Granicus, at its sole discretion, will then choose whether to and how to implement any given product request. granicus.com 1 info@granicus.com page 44 G GRANICUS 4. Project Teams 4.1. GRANICUS PROJECT TEAM Granicus will assign the following team members to Client's implementation project: 1. Project Manager (Granicus PM): This is the primary person responsible for the implementation of and adherence to project plans. See below for the full job description. 2. Business Analyst (Legistar only): This person leads the customization and set up of the Legistar solution. 3. Designer: The Designer is responsible for customizations and modifications of Granicus products that relate to web design. 4. Solution Validation Engineer: This team member is responsible for reviewing Client's technical compatibility with new or existing Granicus solutions. He or she will confirm the solution will work in Client environment and ensure Client will maximize the intended and desired benefits from the solution. 5. Product Trainer: The Trainer delivers instructor -led online or in-person training. 6. Granicus reserves the right to make adjustments to the project team roles as deemed appropriate. The Granicus resources assigned to this project will be knowledgeable of the Granicus modules included in the solution and Client's business processes and requirements. These resources shall be fully capable of performing assigned duties, fulfilling project commitments, and communicating with Client team members effectively. granicus.com 1 info@granicus.com page 45 G GRANICUS Granicus Project Manager Responsibilities The Granicus Project Manager will manage the Granicus project team and work with Client's Project Manager to establish a framework for communication, documentation, and reporting to be used throughout the project. The Granicus Project Manager responsibilities include, but are not limited to: 1. Collaborating with Client's Project Manager to establish a project plan, including the project schedule and deliverables 2. Giving Granicus team members a clear understanding of their respective responsibilities throughout the project 3. Managing the activities of the Granicus project team to help maintain on-time completion of deliverables 4. Ensuring Granicus completes all unit and integration testing on all configurations and interfaces prior to training 5. Monitoring the progress of the project and advising Client Project Manager of any risks that could impact an on-time completion of specific tasks and deliverables 6. Maintaining regular communications with Client Project Manager 7. Managing escalations and timely resolution of any issues 8. Managing the approval and timely completion of change orders 9. Maintaining documentation of decisions made, commitments and follow-up items, deliverables, and other items/issues associated with the project for which Granicus is responsible granicus.com 1 info@granicus.com page 46 G GRANICUS 4.2. CLIENT PROJECT TEAM Client will assign the following team roles: Project Manager (Client PM): This is the main point of contact responsible for the implementation and adherence to project plans. See 4.2.1 below for the full job description. Clerk: It is important that the Clerk is an integral part of the Project Team to be the expert on the legislative process of the Council, from the approval process of legislation to the creation of minutes. This person will also be responsible for indexing the recording during the meeting if video/audio recording is involved. IT Lead: The IT Lead works closely with the Project Manager to ensure that the solution is deployed properly and helps solve IT issues that might arise. Solution Administrator: The Solution Administrator should be a person who is closely involved with the legislative and meeting processes: from the approval process of legislation to the creation of minutes to the online publication of meetings. The Solution Administrator's responsibilities will include, but not be limited to: collaboration with Granicus resources on the project schedule deliverables; and coordination with key stakeholders, representatives, and decision makers. Backup Solution Administrator: This Backup Solution Administrator will serve as the backup to the Solution Administrator and preferably has a solid understanding of the legislative and meeting processes of Client jurisdiction as well as a good level of technological skills. (OP GT Only) Video Indexer: Should the solution include video, the Video Indexer will be indexing/time-stamping the video in LiveManager if the Clerk cannot. This person can be from the Clerk's staff or a member of the A/V team depending on Client's unique workflow. Subject matter experts (SMEs), including but not limited to: Client Council Secretary, Legislative Analyst(s), and other representatives, as deemed appropriate, from Client Attorney's Office, Mayor's Office, Clerk & Recorder's Office, Budget Management Office, etc. Granicus will work with Client to make adjustments to the project team roles as deemed appropriate. The allocation of Client resources to the project may be variable according to: a. The duration of the project b. The level of internal Client agreement c. The number of customizations required in the solution Client resources assigned to this project shall be fully capable of performing assigned duties, fulfill project commitments and communicate with Granicus team members effectively. granicus.com 1 info@granicus.com page 47 G GRANICUS Client Project Manager Responsibilities Client Project Manager shall manage Client's project team and work with the Granicus Project Manager to establish a framework for communication, documentation and reporting to be used throughout the project. Client's Project Manager Responsibilities include, but are not limited to the following: 1. Collaborate with the Granicus Project Manager to establish the project schedule and deliverables 2. Ensure that all members of Client project team have a clear understanding of their respective responsibilities throughout the project 3. Manage the activities of Client's project team and partner resources to ensure the on-time completion of tasks and deliverables; create, maintain/update and complete all required project artifacts and other documentation 4. Monitor the progress of the project and advise the Granicus Project Manager of any risks that could impact an on-time completion of deliverables 5. Manage and track the project budget; flag for the project sponsors if additional funds are needed to complete the project 6. Maintain regular communications with the Granicus Project Manager and Client's project sponsors 7. Ensure that members of the Granicus Project Team have to Client's legislative process documentation and other Client resources to gain a sufficient understanding Client's legislative process and requirements to ensure a successful and effective implementation of the solution 8. Ensure that any customizations to the solution are fully specified and documented 9. Ensure that change orders contain a complete description and specification of the changes required granicus.com 1 info@granicus.com page 48 G GRANICUS 5. Project Timeline Work shall be performed according to the target milestone timeline below, based on projects similar to Client's. Timelines may change based on mutual agreement between Client and Granicus. 6. Milestones For each milestone, Client's authorized representative shall give final, written approval that individual deliverables and milestones have been completed. 6.1. MILESTONE 1: PROJECT START UP 6.1.1. Staffing and Project Management Success of the project is dependent on both Granicus's and Client's commitment to collaborating and performing the tasks and obligations described in this SOW. Both Granicus and Client shall provide reasonable turnaround times (to be mutually agreed upon) on critical decisions, information requests, and approvals that are required to ensure that project tasks and deliverables are completed on time. 6.1.2. Project Plan Client and Granicus will work together to develop a comprehensive project plan consisting, at a minimum, of the components outlined below which are broken out by responsibility and ownership. Deliverables: 1. Communication Plan: Client and Granicus will collaborate on and document processes to communicate project information to Client and vice versa. The plan, at minimum, should include: a. Regularly Scheduled Status Calls: Members of both Client and Granicus project teams should participate in regularly scheduled calls to provide status updates, discuss open issues, project risks, etc. b. Written Status Updates: Both Client and Granicus Project Managers should also provide written status updates at regularly scheduled intervals (e.g., weekly) to an agreed upon distribution of stakeholders, project team members and other appropriate personnel at both Client and Granicus. granicus.com 1 info@granicus.com page 49 Phase Scheduled Completion 1 Project Start -Up 2 weeks from contract execution 2 Implementation 1-9 week(s) from contract execution 3 Implementation Completion 1-10 week(s) from contract execution 4 Training 11-14 weeks from contract execution 5 Scope of Work Completion 12-15 weeks from contract execution 6. Milestones For each milestone, Client's authorized representative shall give final, written approval that individual deliverables and milestones have been completed. 6.1. MILESTONE 1: PROJECT START UP 6.1.1. Staffing and Project Management Success of the project is dependent on both Granicus's and Client's commitment to collaborating and performing the tasks and obligations described in this SOW. Both Granicus and Client shall provide reasonable turnaround times (to be mutually agreed upon) on critical decisions, information requests, and approvals that are required to ensure that project tasks and deliverables are completed on time. 6.1.2. Project Plan Client and Granicus will work together to develop a comprehensive project plan consisting, at a minimum, of the components outlined below which are broken out by responsibility and ownership. Deliverables: 1. Communication Plan: Client and Granicus will collaborate on and document processes to communicate project information to Client and vice versa. The plan, at minimum, should include: a. Regularly Scheduled Status Calls: Members of both Client and Granicus project teams should participate in regularly scheduled calls to provide status updates, discuss open issues, project risks, etc. b. Written Status Updates: Both Client and Granicus Project Managers should also provide written status updates at regularly scheduled intervals (e.g., weekly) to an agreed upon distribution of stakeholders, project team members and other appropriate personnel at both Client and Granicus. granicus.com 1 info@granicus.com page 49 G GRANICUS c. Escalations: In the event that the Granicus Project Manager does not respond to Client's needs, Client shall directly contact Granicus's Director of Professional Services (please email implementation@granicus.com to contact the Director of Professional Services). 2. Resource Plan: Client and Granicus will collaborate to compile a list of all personnel from Client and Granicus that are associated with the project. The list should include each person's role in the project and contact information as well as their allocation to the project. 3. Training Plan: Granicus will provide Client with the Training Plan on the Project Kickoff Call. 6.1.3. Document Review and Technical Information Gathering (OP/GT/ME without Legis tar) The Granicus Design team conduct a Document Assessment, during which it will review Client's current agenda and minutes documents and determine how they will integrate with the Granicus solution and what changes, if any, should be made to optimize the solution for Client. 1. Document Assessment: Granicus will complete a review of Client's current agenda and minutes documents and document any recommended changes. Granicus will submit a request to Client Project Manager listing the documents needed. Client will provide the requested documents to Granicus in a timely manner. Client will provide any other process documentation (e.g. process flows, requirements, etc.) to aid the Granicus project team in gaining a sufficient understanding Client's legislative process and requirements. 2. Technical Information Gathering: Granicus will work with Client to gather general technical information and analyze the existing technology set-up to ensure that the proposed project meets all requirements necessary to deliver a successful solution. Granicus will send a URL for the Technical Information Gathering Form to Client for completion. Client will complete and submit the electronic form to Granicus. 3. Solution Validation Call: This call provides an opportunity to discuss Client's current workflow process and existing technology set-up to ensure that the proposed plan meets all requirements necessary to deliver a successful solution. At a minimum, Client's Project Manager, IT Lead, and Client Council Project Sponsor should participate in the call. Deliverables: Granicus will document the minutes of the call as well as confirm the technical compatibility of the proposed solution and distribute to Client Project Manager for review and approval. granicus.com 1 info@granicus.com page 50 G GRANICUS 6.2. MILESTONE 2: IMPLEMENTATION Granicus will deliver any required and purchased hardware to Client. Granicus will install and configure solution software for Client. 1. Customization and Configuration Design Phase: Granicus will collaborate with Client to develop the architecture and configuration design for each module of the overall solution. Deliverables: a. Architecture Design Document b. Summary of Configuration Design Document 2. Open Platform: The Granicus Open Platform is the cloud -based foundation for all Granicus applications. It allows government organizations to manage and store an unlimited amount of government public meeting data and includes free access to Granicus's APIs and SDKs. The Granicus Open Platform includes the ability to upload and publish content including videos and documents. Deliverables: MediaManager. MediaManager is a web -based platform that allows data to flow among the various Granicus modules included in the solution. For example, agendas created in Legistar can be accessed during meetings via LiveManager and also from mobile devices using the iLegislate app. Also, meeting videos recorded through LiveManager can be trimmed from MediaManager. MediaManager is a hosted on the Granicus cloud, therefore it will not have to be installed on individual user machines. MediaManager Deliverables: a. Granicus will provide a MediaManager URL (usually clientname.granicus.com). b. Granicus will provide a username and password for the primary stakeholder (usually the Client Project Manager). c. Client will receive a public -facing citizen web portal. 3. Government Transparency: The Government Transparency product provides the ability to stream meetings and events live, to link related documents to video, and to improve the search of archives. It includes unlimited cloud bandwidth and storage as well as local live and on -demand streaming. This product connects agenda data to Apple and Android tablets to enable the review of agendas and supporting documents, note taking, and more through the iLegislate application. Requirements: In order to use Government Transparency, Client must have an encoder or purchase an Encoding Appliance with the solution. Deliverables: a. Custom player b. View page c. Agenda documents granicus.com I info@granicus.com page 51 G GRAN ICUS 4. ilegislate: iLegislate, enables elected officials to review meeting agendas, supporting documents and archived videos on any iPad or Android tablet. Users can bookmark items on the agenda (and pdf attachments) while offline. iLegislate is a free app that can be downloaded from iTunes or Google Play and works with any Granicus suite. Deliverable: iLegislate App 5. Encoding Appliance: The Granicus Encoding Appliance provides clients with live and on -demand webcasting performance. The hardware is pre -configured and delivered ready to stream. A combination of web -based and Client -installed applications will give users access and control of the Appliance's Streaming Media Services. The Encoding Appliance also has the ability to have the Performance Accelerator module installed to allow for up to 50 concurrent live and on demand streams as well as for local archive storage. However, if Client expects more than 50 concurrent internal users viewing the live stream, Client may want to consider the Granicus standalone physical or virtual server setup as described in section 6.2.7 below. The Encoding Appliance is a Microsoft Windows server recording in H.264 compatible MP4s. More specific server details—including size, weight, power requirements, and network requirements—please see the Granicus Encoding Appliance (Windows 7) Technical Solutions Guide. Client is responsible for receiving the hardware on its end and installing the hardware components as agreed to in the network diagram. The Granicus Project Manager will be available to support Client remotely in installing the servers and verifying their set-up and functionality at the Client site. Before Granicus can begin the remote installation of the transparency solution, Client must confirm that the network's security and firewall requirements are in place as discussed in the Pre -Deployment Activity Phase. Granicus PM will confirm remote access to the server in preparation for the software installation. Granicus PM will complete a server -side update to the streaming component. Granicus recommends allowing one day's time for the Client IT Lead to run and test the installation of the software solution in Client's environment. Deliverables: a. Hardware components b. Email confirmation that testing is complete c. LiveManager: The LiveManager application allows for full meeting control with the ability to start, stop, pause, index, and annotate events. Other key functionality includes recording roll call, time stamping video, and recording motions and votes. It is recommended to be installed on one primary workstation and at least one backup. LiveManager will be installed the day(s) of the encoder installation. LiveManager Deliverables: a. LiveManager installation URL b. Technical Solutions Guide granicus.com 1 info@granicus.com page 52 G GRANICUS 6. VoteCast Classic: VoteCast Classic is used by elected officials during meetings to electronically record motions and votes, request to speak as well as view full agendas, supporting materials, the current/activated agenda item, speakers, vote results, etc. on a Windows tablet or an ultra -small form factor computer. Requirements: a. Devices: VoteCast can be used with Client's choice of the following: • Dell CPU with touchscreen monitors • Microsoft Surface Pro 3 b. VoteCast requires a wired Ethernet connection. c. Granicus is responsible for ordering, imaging, and delivering the VoteCast Classic voting machines. Client is responsible for installing the voting machines at Client site. d. Network: The VoteCast application requires a constant network connection to the Granicus Encoding Appliance during running events. The following description is of the network ports, connection direction, and communication protocols used by the Granicus Encoding Appliance. If the direction of the connection is outbound, the port indicates the port number of the application's remote host connection. If the direction of the connection is inbound, port indicates the port number of the application's local host listening for incoming connections. • Outbound TCP Port 85 & 6969: To the Granicus Encoding Appliance for application connectivity • Outbound TCP Port 7777: To Granicus for application installation and updating e. Video Input Switching: The Microsoft Surface Pro tablet hardware does not have an additional video input. The tablet hardware is not recommended if displaying presentations or other secondary content on the individual voting stations is desired. Deliverable: Granicus will configure VoteCast to meet Client's requirements. 7. VoteCast with iLegislate: VoteCast with iLegislate is used by elected officials during meetings to electronically record motions and votes, request to speak as well as view full agendas, supporting materials, the current/activated agenda item, speakers, vote results, etc. on Apple or Android tablets. Requirements: a. Devices: VoteCast with iLegislate can be used with Client's choice of the following: • Apple iPad (version 2 and higher) with iOS 7 or greater • Android Tablets o Samsung: Android version 4.4.2 or higher (7" and 10" tablets) o Nexus 7: Android version 4.4.4 or higher (7" and 10" tablets) Client is responsible for purchasing the Apple or Android tablets for VoteCast with iLegislate. granicus.com 1 info@granicus.com page 53 G GRANICUS b. Network: The iLegislate application requires an Internet connection for agenda download, notes synchronization, and playback of archive videos. Wi-Fi, 3G, and 4G connections will work but download performance will be much better over Wi-Fi. Very large agendas and attachments can take a substantial amount of time over 3G. c. Agenda download and sync requires Internet access over port 80 and port 443. Video playback requires Internet access over TCP port 1935. Voting and requesting to speak require access over port 2012 to the Granicus Encoding Appliance. d. iLegislate traffic is entirely: Outbound TCP Port 80, 443, 1935, and 2012 (only if the Voting System is enabled). e. PDF: To use iLegislate's annotations functionality in attachments, Client files need to be either native (such as a converted Word document) or OCR (Optical Character Recognition) PDFs. Scanned image PDFs cannot be annotated. f. To view attachments on Android devices, Client will need to download a PDF application such as Adobe Reader to Client's Android device. Important Note: iLegislate's annotation functionality in attachments is currently not available for Android devices. Deliverable: VoteCast 8. VoteCast Display: VoteCast Display shows live meeting actions, including the current agenda item, vote results, and speakers, over large monitors in the meeting chambers or via onsite televisions. The VoteCast Display application runs on a Granicus-provided, ultra -small form factor computer connected to a client -provided display system. Client is responsible for providing/procuring and installing overhead display monitors, appropriate connectors, and power source needed to enable VoteCast display functionality. Granicus will integrate VoteCast with LiveManager so that actions recorded in VoteCast will automatically populate into LiveManager. Requirements: a. Network: The VoteCast Display application requires a constant network connection to the Granicus Encoding Appliance during running events. The following describes the network ports, connection direction, and communication protocols used by the Granicus Encoding Appliance. If the direction of the connection is outbound, the port indicates the port number of the application's remote host connection. If the direction of the connection is inbound, port indicates the port number of the application's local host listening for incoming connections. • Outbound TCP Port 85 & 6969: To the Granicus Encoding Appliance for application connectivity • Outbound TCP Port 7777: To Granicus for application installation and updating b. Installation: The VoteCast Display computer is generally installed in an area adjacent to the presentation display system using the included wall/under desk mounting brackets. It requires power and Ethernet network connectivity. The computer supports both VGA and Display Port outputs. granicus.com 1 info@granicus.com page 54 G GRANICUS c. Video Conversion and Distribution: To display video from the VoteCast Display computer on a display that requires an HDMI input, a VGA to HDMI converter can be used such as the one found here: http://bit.ly/xBRuzL. Extend the VGA output for the VoteCast Display computer up to 330ft with Cat5/RJ45 cabling using a VGA Extender such as the one sold here: http://bit.ly/wHPjXz. Deliverable: Display CPU 9. Legistar: Legistar is the primary module that makes up the Granicus legislative management solution. It has functionality to draft and submit legislative items, agenda management, automated process workflow and approvals/electronic signatures, and document storage and organization. Deliverables: a. Legistar installation package and instructions b. Needs Analysis Survey c. Based on the information provided in the Needs Analysis Survey, a Granicus Business Analyst will conduct Needs Analysis Calls to configure Legistar in accordance with Client's requirements, including: i. Templates used for data entry (e.g. legislation creation) a. Agenda Templates: Granicus will create and configure meeting agenda templates for one meeting body. b. Legislative and Minutes Templates: Granicus will create and configure one legislative item template and one minutes template. ii. Legislative process workflows iii. User groups, roles, and permissions d. Legistar Output (Reports) Review: Granicus will work with Client to determine if standard Legistar output (reports) available from Legistar meet Client's requirements. For any requirements not met, Granicus will work with Client to define any needs that require custom configuration. e. InSite: Granicus will set up an online public portal for Client that allows staff and public users to access meeting calendar/schedule, legislative files, supporting documentation, meeting agendas, minutes and videos at any time (current and past/archived). Users will be able to search, sort and export data to Excel, Microsoft Word or PDF. Designated Client users will be able to publish meeting agendas and supporting documents, minutes, video, etc., to InSite directly from Legistar (and not via MediaManager) . Access to Legistar: Client staff and Council Members who have access to Legistar will be able to access the application from outside of Client's network through a log -in on the InSite page. This will provide access to full functionality in Legistar including the ability to draft, edit, review and approve items, etc. (note that when accessing items via the iLegislate app, users are limited to read-only and bookmaking capabilities). a. Granicus will create Client's InSite webpage and will customize it to reflect Client's branding limited to: granicus.com 1 info@granicus.com page 55 G GRANICUS i. Insertion of a header/banner image at the top of InSite (Client can specify or Granicus can pull an image off of its homepage). The image should be at least 100px high, logos are preferable. ii. Creation of standard player page with Client header. iii. InSite color theme. Please select one from the following options: http://tinv.cc/o91e5x iv. Removal any of the default tabs (e.g., People, Council, and Departments) v. Change of any of the captions/labels (e.g., changing "Legislative Text" to read "Staff Report" or changing "Calendar" to read "Schedule") vi. Remove fields or captions vii. For existing Clients: a tab created to point to the existing view pages. Note: InSite is not developed or supported when used as an iFrame. Individual colors in the text/design elements cannot be individually changed. InSite must use the theme system. b. Granicus will present the customizations to Client for approval prior to deployment being considered complete. c. Granicus will enable the publication of agendas, minutes, legislative documents, video, etc., from Legistar to InSite. d. Granicus will enable access to Client's InSite page from Client webpage. 10. Boards and Commissions: Boards and Commissions automates the posting of vacancies, application tracking, and candidate appointment process for citizen boards and commissions. Deliverables: a. Boards and Commissions web -based application b. Electronic application submission form c. A customizable, public -facing widget to be placed on Client's website 11. Testing: Granicus Development conducts solution and unit testing during development. Granicus will be responsible for conducting all aspects of the solution in Client's environment. Granicus will not be responsible for end-user testing. granicus.com 1 info@granicus.com page 56 G GRANICUS 6.3. MILESTONE 3: IMPLEMENTATION COMPLETION Granicus performs unit and end to end testing as part of the normal development process. Granicus will conduct unit testing and integration testing using the following script for this implementation. (Please note this testing may be limited to one client machine and/or Granicus Encoding Appliance residing at Client.) Client is responsible for all client end-to-end testing. Granicus will resolve all defects and complete any change requests that arise during testing and will review the fixes for all defects with Client. A change request is defined as request to add, modify, or delete a specific unit of functionality from what was documented in the original requirements. A defect is defined as any error, flaw, mistake, failure, or fault that prevents a unit of functionality, or the system, from working as intended, or to produce an incorrect result. Any and all security flaws (in any application layer) shall also be classified as defects. Client will test and sign off on defects as they are resolved. Any presence of defects or process of resolving defects will not impede milestone close out without Granicus's express approval. Deliverable: Written confirmation of the successful completion of testing 6.4. MILESTONE 4: TRAINING Granicus will conduct training for Client identified staff that will cover the essential concepts and standard navigation of the solution and tasks related to Client's legislative business processes. Client will utilize a train -the -trainer approach for end user training. Scheduling of all training sessions shall be coordinated with and approved by Client. Granicus will authorize Client to videotape training sessions for internal use and to reproduce any the training materials such as training guides, screenshots, in part or whole, for its own purposes. Training is comprised of the following components, depending on Client's solution: Module or Software Solution Training Provided Open Platform and Three 2 -hour sessions Government Transparency 1. Pre -/During Meeting Steps 2. Post -Meeting Steps 3. Review/iLegislate Meeting Efficiency Six 2 -hour sessions (includes Open Platform 1. Pre -/During Meeting Steps and Government 2. Post -Meeting Steps Transparency experience) 3. Review/iLegislate and Pre -During Meeting for Meeting Efficiency 4. Post -Meeting Steps for Meeting Efficiency 5. Review Pre -During Meeting for Meeting Efficiency 6. Review Post -Meeting Steps for Meeting Efficiency granicus.com 1 info@granicus.com page 57 G GRANICUS Module or Software Solution Training Provided VoteCast with Meeting Efficiency Two days onsite Day 1: System Validation, Clerk Training Day 2: Council Training w/Clerk support VoteCast with Legislative Management Two and a half to three days onsite Day 1: System Validation, Clerk Training Day 2: Council Training w/Clerk support Day 3: Minutes Processing and Importing iLegislate Voting Self -led online training OR option to purchase instructor -led onsite or instructor -led online training Legislative Management Admin Training: Two 2 -hour online, instructor -led sessions prior to onsite training. Three days onsite Day 1: Project Overview, Drafter Training, Approver Training, and Agenda Generation Prep Day 2: Agenda Generation, LiveManager, and MediaManager Day 3: Minutes Processing, Workflow Review, and iLegislate Boards and Commissions One 2 -hour, instructor -led, online training session Requirements: 1. Client will ensure that training participants have a working familiarity with the standard Microsoft Windows conventions and terminology. 2. On-site training locations will include one computer for use by each participant. Granicus will provide Client with instructions regarding the set up required for Client computers that will be used in training. Client will prepare all computers per the instructions provided prior to the training class start time. Deliverables: 1. Class outline and user roles involved 2. Training materials 3. Electronic copies of user manuals and quick reference guides for each functional module covered in training 6.5. MILESTONE 5: SCOPE OF WORK COMPLETE Final acceptance will be based on successful testing and implementation of the system, defined as: 1. Integration tested (with ability to provide evidence of testing upon Client's request) 2. End-to-end configuration and functionally tested granicus.com 1 info@granicus.com page 58 C GRANICUS 6.5.1. Documentation Granicus will provide documentation to support the software. Any software tools or utilities that are desirable to tune, test, maintain, or support the software shall be specified by Granicus. Documentation will include but is not limited to: 1. Technical administration 2. Software configuration 3. Technical architecture diagram 4. Data flow diagram 5. Application administrator guide 6. End-user day-to-day operation guide 7. Quick Reference Guides by job function 6.5.2. Close -Out Process 1. Close out invoicing 2. Finalize and deliver remaining documentation, recorded trainings, etc. 3. Granicus will provide a plan to Client for post -implementation support and maintenance. After Milestone 4: Training, Client will be introduced to assigned Client Success Manager (CSM) who will serve as the primary contact for any issues Client encounters or questions remaining in the first 30 days of solution usage. CSM will educate Client on how best to engage with and access the Granicus Customer Support Team. After the initial 30 -day period with the dedicated CSM, the Customer Support Team will be responsible for assisting Client with any issues. 7. Assumptions This proposal is based upon the assumptions below. If for some reason these assumptions are false, it may result in a scope change and an impact on the proposed project. 7.1. PROJECT MANAGEMENT ASSUMPTIONS 1. Success of the project is dependent on both Granicus and Client's commitment to collaborating on and performing the tasks and obligations described in this SOW. Granicus assumes that Client will provide reasonable turnaround time (to be mutually agreed upon) on critical decisions, essential information, and approvals that are required to continue with work in progress or that is critical to meeting a deliverable due date. Granicus expects that a decision will be elevated to the appropriate Client management level to make a decision in a timely manner. 2. Client will perform its obligations and render the assistance described in this SOW in a timely manner and in a manner as to adhere to the final schedule. In the event that Granicus is delayed or prevented from performing its obligations, to the extent that the delay is caused by factors beyond the reasonable control of Granicus, including without limitation, the inability of Client to perform its responsibilities (i.e. finalizing the requirements) in a timely manner, Granicus will be entitled to an equitable adjustment in the timetable. granicus.com I info@granicus.com page 59 G GRANICUS 3. Project initiation will occur upon signature of the Agreement by both parties. All dates in this SOW are subject to a mutually agreed upon schedule after execution of the Agreement. 7.2. TECHNICAL ASSUMPTIONS 1. Remote Management: Granicus maintains and monitors the software performance of its solutions. All software patches and Granicus software updates are performed on a determined schedule. Remote support, management, patching, reporting and logging are performed using ScreenConnect. Installation of third party software not specifically approved by Granicus may detrimentally impact the server's performance. In extreme cases, the server may need to be reimaged to restore normal operations; in this case, a reimaging fee may be charged. 2. Video Streaming Technical Requirements: Video streaming typically requires the use of media plug -ins. While the necessary plug -ins will often come pre-installed, Client may need to install or enable plug -ins to watch streaming video. Granicus recommends installing the plug-in if it is available for Client's system. While Granicus recommends certain platforms and Web browsers, many other operating systems and Web browsers can successfully stream videos. For example, Mozilla Firefox and Google Chrome are both known to work on many platforms. Please note that not all features are available to all Web browsers on all platforms. Recommended Platforms and Browsers: Platform Browser Microsoft Windows (version XP SP2 or newer) Microsoft Internet Explorer, version 9 or newer Mac OS X (version 10.5 or newer) Apple Safari, version 5 or newer iOS (version 4.2.1 or newer) -- Android (version 2.2.1 or newer) -- Please note: performance on Android devices may vary depending on the version, phone manufacturer, and carrier. 3. Software Technical Requirements: The Encoding Appliance and Performance Accelerator are managed through Granicus's hosted software program known as MediaManager. The administration feature in MediaManager is a central hub for preparing and publishing content in Client's Granicus solution. In addition to publishing content, Client can manage user access and view usage reports. MediaManager administration requires use of a system that meets the following specifications: granicus.com 1 info@granicus.com page 60 G GRAN ICUS Computer Windows-based PC Recommended Browser Internet Explorer 9 or newer Internet Access Access to Client MediaManager site (clientname.granicus.com) MediaManager allows system administrators to have granular control over the actions that users are allowed to perform. In addition to meeting the system requirements that are listed above, each user must have been granted access rights to the tools that they wish to use. 4. Hardware Technical Requirements: a. Performance Accelerator: i. Client will provide space for the hardware associated with its solution. ii. Client has an intranet and an internet connection. b. Encoder with Performance Accelerator: i. An Internet connection of 1.5 Mbps dedicated or higher (for standard definition) must be provided for the Encoding Appliance and the Performance Accelerator combined. See chart for additional quality options and required connection speeds. ii. See SDI Encoder Technical Solutions Guide and/or Granicus Encoding_ Appliance (Windows 7) Technical Solutions Guide, and Performance Accelerator Technical Solutions Guide for more. c. VoteCast Display Requirements: i. A projector or LCD monitor that is visible to the audience and Client - provided ii. Physical space for the VoteCast Display CPU iii. The display must have the capability to accept a VGA connection or a Dell display port iv. A wired network that supports a connection between the VoteCast Display and the encoder v. Power for the VoteCast Display CPU d. VoteCast Requirements: i. Physical space on the desk or meeting table for the voting members to use Android tablets, iPads, and/or computer workstations (i.e., VoteCast voting machines) ii. A network port for VoteCast Classic for Surface Pro and Dell CPUs or a wireless network for VoteCast with iLegislate for iPads and/or Android tablets iii. A wired network that supports a connection between the VoteCast voting machines and the encoder iv. Power for the voting machines granicus.com 1 info@granicus.com page 61 CC GRANICUS 7.3. SCOPE AND COST ASSUMPTIONS 1. Both Granicus and Client will follow a Change Order process for handling any work that is not defined in this Scope of Work. The Change Order process is jointly managed by the Granicus and Client Project Managers. All changes must be documented in a Change Loq, and approved by both parties prior to work being undertaken. 2. Requested Client changes to the Scope of Work may increase project costs or introduce timeline delays. 7.4. TRAINING ASSUMPTIONS 1. Client will have appropriate staff members attend and participate in the training sessions as to allow the training sessions to be completed in the time designated in the project plan. It is critical that senior personnel from Client attend all necessary training in that they will be the people that the junior people come to for assistance. 2. Granicus assumes that Client will provide a training facility suitable for those purposes and in a timeframe supported by the project plan. 3. Granicus will train a core group of users onsite. These users will be responsible for educating others within Client organization after formal Granicus training ends (the "train -the -trainer" approach). granicus.com 1 info@granicus.com page 62 G GRAN ICUS Price EXHIBIT A - PRICING FORM The Pricing Form must itemize the cost to the City for all services to perform the scope of services outlined in Section IV. A narrative may be attached to clarify any pricing data submitted (e.g. hourly rates). PROJECT COST Please see the following pages for a detailed breakdown of the proposed software costs. granicus.com 1 info@granicus.com page 63 Item Initial Cost Annual Cost Software (Please attach licensing model) Per Seat Site License $46,308.00 Additional Software Cost Software Subtotal $46,308.00 Hardware (ALL required or recommended hardware. Add additional page if necessary) $3,500.00 Granicus Encoding Appliance Hardware - SDI (AMAX) US Shipping Charge C - Large Item $125.00 VoteCast Display CPU (Dell) $980.00 $980.00 US Shipping Charge B - Medium Item $60.00 Hardware Subtotal $4,665.00 Services i. Planning and Project Management $8,100.00 ii. Analysis $5,400.00 iii. Installation and Configuration $4,025.00 iv. Testing and Training $7,650.00 v. Maintenance and Support vi. Other Services Subtotal $25,175.00 Total Total Project Costs $29,840.00 $46,308.00 Please see the following pages for a detailed breakdown of the proposed software costs. granicus.com 1 info@granicus.com page 63 CJ GRAN ICUS Quote Number: Q-18346 Quote Prepared On: 2/7/2018 Quote Valid Through: 3/7/2018 Payment Terms: Net 30 Start Date: 5/31/2018 End Date: 5/30/2019 Granicus Contact: Name Lindsay Gabster Phone:+1 5622127876 Email: lindsay.gabster@granicus.com ONE-TIME FEE Product Name product Description Invoice Schedule Quantity Ona -Tins Total Legistar Needs Analysis and Configuration Services Implementation includes: • Access to an implementation consultar:- until project acceptance • Access to existing Web -based recorde,3 trainings around standard account functions and capabilities • Up to five two-hour needs analysi:= calls with a business analyst The implementation process takes three to six months, on average, depending on the availability of stakeholders. ,.-.,;.._.: .-, Hours $5,400.00 Legistar Project Management and Deployment Services ___-gistar Project Management and Deployment Services is the professional service time for deploying a Legistar system. Milestones _ .rs $8,100.00 Legistar - Oosits Training Legistar - Onsite Training is for onsite training for Legistar, which allows clients to have a Granicus trainer onsite to show them how to use the system. Milestones 3 Days $5,400.00 Legistar Admin - Online Training Legistar Admin - Online Training is for online training for Legistar Administration, which allows clients to have online sessions with a Granicus trainer to learn how to use the system. Milestones 4 -,,.:s $900.00 Boards and Commissions - Online Training Boards and Commissions - Online Training is for online training for Boards and Commissions, which allows clients to have online sessions with a Granicus trainer to learn how to use the system. Milestones 1 Hours $0.00 Boards and Commissions Data Import Import legacy data into Boards and Commissions to have access to historical data from a previous system used prior to buying Boards and Commissions. Milestones - :_,250.00 Meeting Server Configuration (MB) -,stalling and configuring minutes fanctionality on the encoder so that the user can take minutes during a meeting. Milestones granicus.com 1 info@granicus.com page 64 GRAN ICUS Product Name Product Description Invoice Schedule Quantity One -Time Total Minutes Template Configuration (ME) 1:te one-time cos for creating a minutes template so that a user has a way to output minutes data into a preformatted cument. Milestones 1 Each .;.).ori Minutes - Online Training online training for Minutes, which allows clients to have online sessions with a Granicus trainer to show clerks how to take minutes during a meeting and how to edit and publish them after a meeting. Milestones ,urs ,350.0') View Template Configuration (GT) the one-time cost for creating a view 'aqe template Milestone 1 Hours $0.00 Player Template Configuration (GT) 1,--= '.,=mplate configuration Mi.-.-` Standard Agenda Template Creation/ Configuration L.ation of a standard agenda template Milestones Live Manager Installation (GT) the installation of LiveManager on „ user's computer so they can timestamp agenda items during a meeting. _estones 1 Hours Granicus Video - Online Training _anicus Video - Online Training __estones 1 Hours .00 Granicus Encoding Appliance Hardware - SDI (AMAX) (GT) AMAX Encoder with Osprey SDI Card. Used to pass commands and data from LiveManager that include Start/Stop of webcast, indexing, and document display. Also serves to distribute video and captions to be distributed to the CDN or Performance Accelerator. 50% Up Front 50% Upon Delivery 1 Each $3,500.00 Granicus Encoding Appliance Hardware Configuration (GT) mote configuration and deployment of an -oding appliance. Milestones 1 Eac. $875.00 US Shipping charge C - Large Item shipping of a large item Up Front 1 Each granicus.com 1 info@granicus.com page 65 GRAN ICUS Product Name Product Description Invoice Schedule Quantity One -Time Total VoteCast Display Design and Configuration Services des: • Access to an implementation consultant until project acceptance • VoteCast installation on one of the following hardware setups: Dell CPU and ELO Touchscreens, Microsoft Surface tablets, or iLegislate-enabled devices • Design service for VoteCast Display template updates • Access to video -based trainings around standard account functions and capabilities • One day of onsite training (additional online or onsite training can be purchased if desired) Phe implementation process takes four to six weeks, on average, depending on the availability of stakeholders. Milestones 4 Ho' - VoteCast Tablet Configuration Services (MB) Implementation includes: • Access to an implementation consultant until project acceptance • VoteCast installation on one of the following hardware setups: Dell CPU and ELO Touchscreens, Microsoft _>urface tablets, or iLegislate-enabled devices • Design service for VoteCast Display template updates • Access to video -based trainings around standard account functions and capabilities • One day of onsite training (additional online or onsite training can be purchased if desired) Phe implementation process takes four to nix weeks, on average, depending on the .availability of stakeholders. -- - - Votecast - OnsiteTraining )nsite training for VoteCast, which allows clients to have a Granicus trainer >nsite to show both clerks and elected officials how to use the voting system luring a meeting. Milestones 0 VoteCast Display CPU (Dell) (M8) Dell CPU hardware for VoteCast Display .:hat outputs meeting information like -urrent agenda item or vote results to lisplays in the meeting room such as TVs ,r projectors. 50% Up Front 50% Upon Delivery 1 Each $980.00 granicus.com I info@granicus.com page 66 CJ GRANICUS Product Name Product Description Invoice Schedule Quantity One -Time Total US Shipping Charge B - Medium Itm US shipping of a medium 1_-_:a ,s Jp For A% Upon Delivery 1 Each $12,9 Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. Annua: TOTAL 29,840. ANNUAL SUBSCRIPTION FEE Product Naas Product Description Invoice Schedule Quantity Annual Total Legistar Legistar is a Software -as -a -Service (SaaS) solution that enables government organizations to automate the entire Legislative process of the clerk's office. By leveraging Legistar, the client will be able to easily manage the entire legislative process from drafting files, through assignment to various departments, to final approval. Legistar includes: • Unlimited user accounts • Unlimited meeting bodies and meeting type:- ype• Unlimited data storage and retention * • Configuration services for one meeting body \type • One Legistar database • One InSite web portal • Design services for one agenda report template • Design services for one minute's report template Annual 1 Each $12,9 Open Platform Suite Open Platform is access to MediaManager, upload of archives, ability to post agendas/documents, and index of archives. These are able to be published and accessible through a searchable viewpage. Annua: granicus.com 1 info@granicus.com page 67 GRANICUS Product Name Product Description Invoice Schedule Quantity Annual Total Boards and Commissions (City) --,Ards and Commissions is a Software -as -a- Service (SaaS) solution that enables government organizations to simplify the citizen application and appointment to boards process of the clerk's office. Boards and Commissions includes: Annual 1 Each ;9,000.00 • Unlimited user accounts • Unlimited boards, commissions, committees, and subcommittees • Unlimited storage of citizen applications • Access to one Granicus platform site • Access to one Boards and Commissions site • Access to customizable, embeddable iFrame websites for displaying information to citizens • Access to a customizable online citizen application form including board -specific questions • Customizable forms for board details, appointment details, and internal tracking details. • Pre -designed document PDFs for applications, board details and rosters, and vacancy reports • Downloadable spreadsheets for easy reporting • Optional custom templates for document or report generation (additional upfront charg: applies) Meeting Meeting Efficiency is a hybrid Software -as -a- Annual Each Efficiency suite Service (SaaS) and Hardware -as -a -Service (HaaS) solution that enables government organizations :o simplify the in -meeting management and post - meeting minutes creation processes of the clerk's office. By leveraging this solution, the client will be able to streamline meeting data capture and minutes production, reducing staff efforts and decreasing time to get minutes published. During a meeting, record roll calls, motions, votes, notes, and speakers, all indexed with video. `Ise the index points to quickly edit minutes, templates to format in Microsoft Word or HTML, and publish online with the click of a button. Meeting Efficiency includes: • Unlimited user accounts •rUnlimited meeting bodies • Unlimited storage of minutes documents • Access to one Granicus platform site • Access to the LiveManager software application for recording information during meetings • Access to the Word Add-in software component for minutes formatting in MS Word if desired • One MS Word or HTML minutes template (additional templates can be purchased if needed) granicus.com 1 info@granicus.com page 68 G G R A N I CU S Product Name Product Description Invoice Schedule Quantity Annual Total Government Transparency Suite Government Transparency are the live in -meeting functions. Streaming of an event, pushing of documents, indexing of event, creation of minutes Each Granicus Encoding Appliance Software (GT) Granicus Encoding Appliance Software (G'1 includes the LiveManager Software solution where webcasts are started/stopped, agendas amended and indexed, votes and attendance recorded, and minutes created. VoteCast Standard Package (Tablet) (MB) VoteCast is a hybrid Software -as -a -Service (SaaS) and Hardware -as -a -Service (HaaS) solution that enables government organizations to streamline the meeting process for both the clerk's office as well as elected officials. By leveraging this solution, the client will be able to automate meeting data capture and display - improving accuracy and keeping all attendees informed of meeting proceedings. Available on a variety of hardware as well as the iLegislate platform, elected officials can use their touchscreens or tablets to motion, second, vote, and request to speak. This data automatically populates to the clerk software (LiveManager) ensuring accuracy and reducing workload. As action items occur during the meeting, TVs or projectors hooked up to VoteCast Display will automatically show the current agenda item, motion on the floor, vote result, and speaker timer as well as speaker name. VoteCast includes: • Unlimited user accounts • Unlimited meeting bodies • Access to one Granicus platform site • Access to the VoteCast software application for elected officials • Access to the VoteCast Display software application to output meeting proceedings to TVs or projectors in the meeting room -,.:.:a1 Legistar Add -On - Laserfiche Integration Legistar Add -On - Laserfiche Integration is for the Legistar\Laserfiche integration that allow. for documents to be imported from Laserfiche to Legistar and for Legistar to export reports \attachments to Laserfiche Ea.. $1,200.00 TOTAL $46,308.00 granicus.com 1 info@granicus.com page 69 C GRANICUS FUTURE YEAR PRICING Product Name 06a31Na to 05/30/20 05/31/20 to 05/30/21 Legistar $ 13,841 52 $ 14,810.43 Open Platform Suite $ 0.00 $ 0.00 Boards and Commissions (City) $ 9,630 00 $ 10 304 10 Meeting Efficiency Suite $ 9,437 40 $ 10,098 02 Government Transparency Suite $ 8,936 64 $ 9.562.20 Grarucus Encoding Appliance Software (GT) 5 1,284 00 S 1,373.88 VoteCast Standard Package (Tablet) (ME) S 5,136 001 S 5.495 52 Legistar Add -On - Laserfiche Integration 5 1,284 00 S 1,373 88 TOTAL. 6 49,549 56 $ 53,018.03 TERMS AND CONDITIONS • Link to State & Local Terms: https://granicus.com/pdfs/Master Subscription Agreement,pdf • Payment terms: net 30 • Any lapse in payment may result in suspension of service and will require the payment of a setup fee to reinstate the subscription. • This quote is exclusive of applicable state. local, and federal taxes, which, if any, will be included in the invoice. It is the responsibility of Temecula, CA to provide applicable exemption certificate(s). • Discount is valid through end date 5/30/2019 - pricing will be reassessed prior to renewal. • If submitting a Purchase Order instead of signing the quote, please include the following language: All pricing, terms and conditions of quote 0-18346 are incorporated into this Purchase Order by reference. Statement of Local Vendor Certification Granicus Response: We do not meet the local vendor qualification. granicus.com info@granicus.com page 70 G GRAN ICUS Desired Functionality Sheet 1 Ability to audit all current and historic actions on documents and routing Y With appropriate security permissions to do so. 2 Ability to create multiple standard workflow/routing templates for reuse Y Unlimited 3 Ability to create ad-hoc workflows for unusual document processing Y Also allows ad-hoc workflows to be saved for personal or departmental use. 4 Ability for system to alert Clerk if a staff report is stuck in a reviewers inbox Y 5 Ability to seamlessly merge all approved items into a final agenda packet Y 6 Ability to create a summary list of preliminary agenda items pending approval for a specific meeting Y 7 Ability for management to see upcoming meeting items by various views (meeting date, date submitted, department, author, etc.) Y 8 Ability to create a PDF document from the final assembled items Y 9 Ability to auto -publish in html the final agenda to the City website through the software Y 10 Ability for Clerk to monitor status of all in- progress items Y 11 Ability to notify Clerk if an item is not being reviewed at some point in the nrnccrcc Y 12 Ability for system to show a projected timeline for an item when the item is being added to the workflow Y 13 Ability to run reports from the system for user performance and overall process stats Y 14 Ability of system to enforce cutoff deadlines for submittals Y granicus.com 1 info@granicus.com page 71 G GRANICUS granicus.com 1 info@granicus.com page 72 15 Ability to allow items to be processed outside of deadline parameters (late submittals) with special approvals/ justifications Y 16 Ability to categorize approved items into action, consent and informational categories Y This is an automated feature of the system that allows one -click generation of the fully organized agenda. Items may be edited, moved, or removed from any agenda and auto -cued for the next meeting. 17 Ability for the Clerk to rearrange items on an agenda with numbering sequences self- adjusting Y 18 Ability for Pre -Workflow Submission workflow (routing of items while still in draft status) Y 19 Ability to automatically update the subject title and recommendation on the agenda when the staff report title/recommendation is changed Y 20 Availability to provide immediate technical assistance support which is most critical when trying to get an agenda packet out by the deadline time frame Y 21 Ability for users to log on while not on network (review from home or while on the road) Y 22 Ability to use document templates to ensure consistent format and structure of agenda items Y 23 Ability to add attachments to staff reports, including ease in switching out or deleting attachments once in the system Y 24 Ability to upload attachments and view as one document instead of viewing each attachment separately Y granicus.com 1 info@granicus.com page 72 G GRANICUS granicus.com 1 info@granicus.com page 73 25 Ability to copy or move items from one agenda to another Y 26 Ability for author to track where in the workflow their active item is Y 27 Ability for author to see past items they have created Y 28 Ability to build both series and parallel branches in a workflow Y Note spec 74 29 Ability for users to pick which meeting date the document is intended for Y 30 Ability for author to add additional information in a workflow with the document (Title, Comments, etc.) Y 31 Ability to add warnings and tips as the workflow is being interacted with (e.g., "Are all departments needing to review this on the workflow?", or "Confirm that you are ready to submit this item to go on an Agenda") Y 32 Ability to create agendas for more than one type of Council/Board (i.e. Housing Authority, Successor Agency, Planning Comm., etc.) Y Unlimited 33 If system uses internal application for creating/editing text, does it have spell - check. Y 34 Ability to insert tables and images into the staff report Y 35 If system uses internal application for creating/ editing text does it have the ability to indent, hanging indent, italicize, bold, underline and accept a variety of fonts. Y 36 Ability to configure globally on an administrative level the look and formatting of the software to suit local preferences Y Legistar agenda management is completely scalable, configurable and customizable. 37 Ability for users to configure the look of their interface to the application Need additional information to answer this requirement. granicus.com 1 info@granicus.com page 73 G GRANICUS 38 Ability to track what changes are made from user to user/by user as a document moves through the process (track changes) Y System is integrated with MS Word and utilizes standard Word 'Track Changes' function. 39 Ability to search the system for items by word or phrase Y 40 Ability to create and use hyperlinks from within documents to outside sources of information Y 41 Ability to create hyperlinks on the agenda to take an outside user directly to the staff report and attachments Y 42 Ability to identify a new workflow item by various pick list categories (e.g., Ordinance, Resolution, Contract, etc.) Y 43 Ability to effectively manage digital signatures, including City Attorney staff signatures on certain staff reports Y 44 Ability to use dual page numbering for the entire agenda packet and for attachments to individual staff reports Y 45 Ability to automatically label staff report by agenda item as well as individually labeling exhibits/attachments to staff reports Y 46 Single Sign -On through Active Directory Services Y 47 Able to send emails (Microsoft Exchange) Y 48 Compatible with current versions of Safari, Chrome, Internet Explorer/Edge browsers Y 49 Ability to integrate with Laserfiche Electronic Document Management systems for seamless depositing of final agendas into the archive Y integration Legistar has had full with Laserfiche for 10+ years. granicus.com 1 info@granicus.com page 74 G GRANICUS 50 Allow 3rd party reporting tool to access database for ad hoc queries and reporting Y Granicus has an open API that can be leveraged to communicate with 3rd party vendors at no additional charge. Any development work required outside of what is delivered through the standard capabilities of our API, would need to be scoped. Additional charges may apply. 51 Provides user -dependent views/ security based on role Y 52 Provide adequate security to safeguard documents, processes and existing data from non -administrative users Y 53 Ability for system/database to be hosted locally on City's network N Granicus does not provide an On -premises solution. All data is hosted in the Granicus cloud. 54 If hosted locally, does the system run on a Virtualized Windows Server and Microsoft SQL 2012 database? N/A We do not host locally. Granicus will also provide a comprehensive API to access the system's SQL database. 55 Are upgrades included in the maintenance price Y 56 Ability of system to time out users due to inactivity of their client connection (admin configurable time limits). Y Standard feature. Time out period and number of logon attempts is defined by administrator. 57 independent Mobile solution that allows platform- review and approval from tablet devices (Windows, Android or iOS) Y 58 Ability to create notifications for users that they have pending documents to review Y granicus.com 1 info@granicus.com page 75 G� GRAN ICUS 59 Ability to re -notify users when a document is continuing to await their review/coming due Y 60 Ability of reviewers to return the document to a previous point in the process or to the original author Y 61 Ability of system to lock files as they are edited to avoid revision contention issues Y 62 Ability for system to auto- reroute a document in a workflow if not reviewed within configurable timeframe Y 63 Ability to notify people when different events happen in the system (flesh out what needs notifications (every time it moves, fails to move, reaches final approval?) Y 64 Ability to have users redirect workflows to a proxy when they are away from the office Y 65 Ability to add staff (reviewer) comments to a workflow which are outside of the document itself Y 66 Ability to add personal comments to a workflow which are outside of the document itself viewable only by them Y 67 Ability to generate an e-mail notifying author and their dept. head that a particular item failed to meet the deadline for a particular agenda Y 68 Ability to indicate on the initial face sheet the estimated amount of time to be discussed at the City Council Meeting Y 69 Ability to indicate/auto-fill on the initial face sheet the Author and Department Head contact information Y 70 Ability of system to embed hyperlinks in notification e-mails that lead reviewers directly to item in the queue Y granicus.com 1 info@granicus.com page 76 G GRANICUS granicus.com 1 info@granicus.com page 77 71 Ability to predefine groups and alternates in the case of a reviewer being non-responsive Y 72 Can a reviewer have the ability to return an item to the author with questions and have it returned without restarting the item at the beginning of the process Y 73 Does the system allow off-line editing/ reviewing of documents to be later resynchronized and resume workflow? P Yes, both file text content and attachment content may be taken off-line edited separately from the system in their own native format (i.e. MS Word, Excel, etc). These documents may then be reloaded into the system over -writing the previous content OR tracked via version and attachment controls. 74 Does the system allow for both a parallel and sequential review? If only sequential, please specify. P The system currently provides a sequential workflow, but concurrent workflow update is due to be completed by the end of Q2. These processes may be interlaced and will provide a unique failover to alternative reviewer workflow management per spec 71 above. 75 Ability to publish Video on Demand (VoD) with Council Agendas to the City website Y 76 Ability to stream live feeds of meetings to the web, utilizing current browser technology Y granicus.com 1 info@granicus.com page 77 G GRANICUS Exceptions If awarded the opportunity to work with the City on this project, we would like to use our Master Subscription Agreement as a starting point for negotiations, and have included it herein. MASTER SUBSCRIPTION AGREEMENT This Master Subscription Agreement ("Agreement) is made by and between the party procuring Granicus Products and Services ("Customer") and GovDelivery, LLC, a Minnesota Limited Liability Company d/b/a Granicus ("Granicus"). Customer and Granicus may each be referred to herein as "Party" or collectively as "Parties". By accessing the Granicus Products and Services, Customer accepts this Agreement. In the event there is a conflict between this Agreement and any other contract Customer has for the Granicus Products and Services ("Contract"), the terms of the Contract shall prevail. Due to the rapidly changing nature of digital communications, this Agreement may be updated from time to time at Granicus' sole discretion. Notification to Customer will be via email or posting to the Granicus website. 1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified: "Agreement Term" means the total time covered by the Initial Term and all Extension Terms for each Order, SOW or Exhibit under this Agreement, further specified in Section 7.1 "Exhibit" means any exhibit referenced herein and attached hereto. "Extension Term" any term that increases the length of the Initial Term of this Agreement. "Fees" mean the fees charged by Granicus for the Granicus Products and Services as identified on each Order, SOW or Exhibit and, unless otherwise stated in each Order, SOW or Exhibit, invoiced upon commencement of the Order Term. "Granicus Products and Services" means the products and services made available to Customer pursuant to this Agreement, which may include Granicus products, services, application software accessible for use by Customer on a subscription basis ("SaaS"), Granicus professional services, content from any professional services or other required equipment components ("Required Hardware"), as specified in each Order, SOW or Exhibit. "Initial Term" shall have the meaning specified in the Order, SOW or Exhibit between Granicus and Customer for the first duration of performance that Customer has access to Granicus Products and Services. granicus.com 1 info@granicus.com page 78 G GRAN ICUS "Order" means a written order, proposal, or purchase document in which Granicus agrees to provide and Customer agrees to purchase specific Granicus Products and Services. "Order Term" shall mean the then -current duration of performance identified on each Order, SOW or Exhibit, for which Granicus has committed to provide, and Customer has committed to pay for, Granicus Products and Services. "Statement of Work" or "SOW" means a written order, proposal, or purchase document that is signed by both Parties and describes the Granicus Products and Services to be provided and/or performed by Granicus. Each Order, SOW or Exhibit shall describe the Parties' performance obligations and any assumptions or contingencies associated with the implementations of the Granicus Products and Services, as specified in each Order, SOW or Exhibit placed hereunder. "Support" means the ongoing support and maintenance services performed by Granicus related to the Granicus Products and Services as specified in each Order, SOW or Exhibit placed between the Parties. 2. Ordering and Scope 2.1. Ordering Granicus Products and Services. The Parties may execute one or more Order, SOW or Exhibit related to the sale and purchase of Granicus Products and Services. Each Order, SOW or Exhibit will generally include an itemized list of the Granicus Products and Services as well as the Order Term for such Granicus Products and Services. Each Order, SOW or Exhibit must, generally, be signed by the Parties; although, when a validly -issued purchase order by Customer accompanies the Order, SOW or Exhibit, then the Order, SOW or Exhibit need not be executed by the Parties. Each Order, SOW or Exhibit dated on or after the Effective Date shall be governed by this Agreement regardless of any pre-printed legal terms on each Order, SOW or Exhibit, and by this reference is incorporated herein. 2.2. Support. Basic support related to standard Granicus Products and Services is included within the fees paid during the Order Term. Granicus may update its Support obligations under this Agreement, so long as the functionality purchased by Customer is not materially diminished. 2.3. Future Functionality. Customer acknowledges that any purchase hereunder is not contingent on the delivery of any future functionality or features. 2.4. Cooperative Purchasing. To the extent permitted by law and approved by Customer, the terms of this Agreement and set forth in one or more Order, SOW or Exhibit may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other signed writing setting forth all of the terms and conditions for such use. The applicable fees for additional municipalities, school districts or governmental agencies will be provided by Granicus to Customer and the applicable additional party upon written request. granicus.com 1 info@granicus.com page 79 G GRANICUS 3. Use of Granicus Products and Services and Proprietary Rights 3.1. Granicus Products and Services. The Granicus Products and Services are purchased by Customer as subscriptions during an Order Term specified in each Order, SOW or Exhibit. Additional Granicus Products and Services may be added during an Order Term as described in Section 2.1. 3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Customer herby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant Order, SOW or Exhibit (collectively the "Permitted Use"). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the Granicus Products and Services up to the levels limited in the applicable Order, SOW or Exhibit. 3.2.1. Data Sources. Data uploaded into Granicus Products and Services must be brought in from Customer sources (interactions with end users and opt -in contact lists). Customer cannot upload purchased contact information into Granicus Products and Services without Granicus' written permission and professional services support for list cleansing. 3.2.2. Content. Customer can only use Granicus Products and Services to share content that is created by and owned by Customer and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus. 3.2.3. Granicus Communications Suite Subscriber Information 3.2.3.1. Data Provided by Customer. Data provided by Customer and contact information gathered through Customer's own web properties or activities will remain the property of Customer ("Direct Subscriber"), including any and all personally identifiable information (PII). Granicus will not release the data without the express written permission of Customer, unless required by law. 3.2.3.2. Data Obtained through the Granicus Advanced Network 3.2.3.2.1. Granicus offers a SaaS product, known as the Communications Cloud, that offers Direct Subscribers recommendations to subscriber to other Granicus customer's digital communication (the "Advanced Network"). When a Direct Subscriber signs up through one of the recommendations of the Advanced Network, that subscriber is a "Network Subscriber" to the agency it subscribed to through the Advanced Network. granicus.com 1 info@granicus.com page 80 G GRANICUS 3.2.3.2.2. Access to the Advanced Network is a benefit of the Communications Cloud subscription with Granicus. Network Subscribers are available for use only while Customer is under an active subscription with Granicus. Network Subscribers will not transfer to Customer upon termination of any Granicus Order, SOW or Exhibit. Customer shall not use or transfer any of the Network Subscribers after termination of its Order, SOW or Exhibit placed under this Agreement. All information related to Network Subscribers must be destroyed by Customer within 15 calendar days of the Order, SOW or Exhibit placed under this Agreement terminating. 3.2.3.2.3. Opt -In. During the last 10 calendar days of Customer's Order Term for the terminating Order, SOW or Exhibit placed under this Agreement, Customer may send an opt -in email to Network Subscribers that shall include an explanation of Customer's relationship with Granicus terminating and that the Network Subscribers may visit Customer's website to subscribe to further updates from Customer in the future. Any Network Subscriber that does not opt -in will not be transferred with the subscriber list provided to Customer upon termination. 3.2.4. Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request the details of any agreement between Customer and a third party that compensates Customer for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services. 3.3. Restrictions. Customer shall not: 3.3.1. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order, SOW or Exhibit placed hereunder; 3.3.2. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services; 3.3.3. Use the Granicus Products and Services for any unlawful purposes; 3.3.4. Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations; 3.3.5. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or granicus.com 1 info@granicus.com page 81 G GRANICUS 3.3.6. Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part. 3.4. Customer Feedback. Customer herby grants to Granicus an irrevocable, non- exclusive, perpetual, royalty -free transferrable license, with right to sublicense, to use and incorporate into the Granicus Products and Services any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer relating to the use of the Granicus Products and Services. 3.5. Required Hardware. For Required Hardware purchased from Granicus by Customer, Granicus will provide to Customer a three (3) year warranty with respect to the Required Hardware. Within the three (3) year warranty period, Granicus shall repair or replace any Required Hardware provided directly from Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. Required Hardware warranty shall commence on the Effective Date of each applicable Order, SOW or Exhibit. 3.6. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer. 4. Payment 4.1. Fees. Customer agrees to pay all fees, costs and other amounts as specified in each Order, SOW or Exhibit. Granicus reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse in the term of each Order, SOW or Exhibit will require the payment of a setup fee to reinstate the subscription. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Customer's responsibility to provide applicable exemption certificate(s). Unless indicated otherwise in the applicable Order, SOW or Exhibit, the fees shall be invoiced by Granicus and paid by Customer as follows: 4.1.1. Products. Product setup and annual fees are due at the beginning of the Initial Term, then annually at the beginning of any Extended Term or Order Term, within thirty (30) days of receipt of invoice. 4.1.2. Services. Services supporting Products shall be paid annually commencing upon the completion of the Product implementation, or the Product being ready for Customer's use. Fees shall be paid by Customer within thirty (30) days of receipt of invoice. 4.1.3. Required Hardware. For Required Hardware, delivery is complete once Customer receives Required Hardware components with the configured Granicus Product and Services. granicus.com I info@granicus.com page 82 C GRANICUS 4.2. Disputed Invoiced Amounts. Customer shall provide Granicus with detailed written notice of any amount(s) Customer reasonably disputes within thirty (30) days receipt of invoice for said amount(s) at issue. Granicus will not exercise its rights under 4.1 above if Customer has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. Customer's failure to provide Granicus with notice of any disputed invoiced amount(s) shall be deemed to be Customer's acceptance of the content of such invoice. 4.3. Price Increases. Any price increases not negotiated in advance shall be provided by Granicus to Customer at least thirty (30) days prior to the end of the Order Term. Upon each yearly anniversary during the term of this Agreement (including the Initial Term, all Extended Terms, and all Order Terms), the Granicus Product and Services fees shall automatically increase from the previous term's fees by five (5) percent per year. 5. Representations, Warranties and Disclaimers 5.1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. 5.2. Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided "AS IS" and as available. 5.3. Disclaimers. EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON -INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT GRANICUS PRODUCTS AND SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 6. Confidential Information 6.1. Confidential Information. It is expected that one Party (disclosing Party) may disclose to the other Party (receiving Party) certain information which may be considered confidential and/or trade secret information ("Confidential Information"). Confidential Information shall include: (i) Granicus' Products and Services, (ii) nonpublic information if it is clearly and conspicuously marked as "confidential" or with a similar designation at the time of disclosure; (iii) non-public information of the disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication and (iv) any information that should be reasonably understood to be confidential or proprietary to the receiving Party, given the nature of the information and the context in which disclosed. granicus.com 1 info@granicus.com page 83 G GRAN ICUS 6.2. Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the receiving Party; (ii) was in the receiving Party's possession before receipt from the disclosing Party; (iii) is rightfully receiving by the receiving party from a third party without any duty of confidentiality; (iv) is disclosed by the disclosing Party without a duty of confidentiality on the third party; (v) is independently developed by the receiving Party without use or reference to the disclosing Party's Confidential Information; or (vi) is disclosed with the prior written approval of the disclosing Party. Confidential Information of disclosing Party may be disclosed in response to a valid court order or other legal process, only to the extent required by such order or process and, if allowed by law, only after the recipient has given the owner written notice of such court order or other legal process promptly and the opportunity for the owner to seek a protective order or confidential treatment of such Confidential Information. 6.3. Storage and Sending. In the event that Granicus Products and Services will be used to store and/or send Confidential Information, Granicus must be notified in writing, in advance of the storage or sending. Should Customer provide such notice, Customer must ensure that that Confidential Information or sensitive information is stored behind a secure interface and that Granicus Products and Services be used only to notify people of updates to the information that can be accessed after authentication against a secure interface managed by Customer. Customer is ultimately accountable for the security and privacy of data held by Granicus on its behalf. 6.4. Return of Confidential Information. Upon request of the disclosing Party, termination, or expiration of this Agreement, the receiving Party shall, to the extent commercially practicable, destroy the disclosing Party's Confidential Information and, at the disclosing Party's request, certify the same. 7. Term and Termination 7.1. Agreement Term. The Agreement Term shall begin on the Effective Date and continue through the latest date of the Order Term of each Order, SOW or Exhibit under this agreement, unless otherwise terminated as provided in this Section 7. Each Order, SOW or Exhibit will specify an Order Term for the Granicus Products and Services provided under the respective Order, SOW or Exhibit. Customer's right to access or use the Granicus Products and Services will cease at the end of the Order Term identified within each Order, SOW or Exhibit, unless either extended or earlier terminated as provided in this Section 7. Unless a Party has given written notice to the other Party at least ninety (90) days prior to the end of the Order Term, the Granicus Products and Services will automatically renew for an Extension Term equal in duration to the Initial Term, or the then current Order Term. granicus.com 1 info@granicus.com page 84 G GRANICUS 7.2. Effect of Termination. If the Parties agree to terminate this Agreement and an Order, SOW or Exhibit is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order, SOW or Exhibit until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders, SOWs or Exhibits shall immediately terminate as of the Agreement termination date. Unless otherwise stated in this Agreement, in no event shall Customer be entitled to a refund of any prepaid fees upon termination. 7.3. Termination for Cause. The non -breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after the non -breaching Party provides written notice of the breach. A Party may also terminate this Agreement immediately upon notice if the other Party: (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage or any law for the benefit of debtors; or (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest. Granicus may, without liability, immediately suspend or terminate any or all Order, SOW or Exhibit issued hereunder if any Fees owed under this Agreement are past due pursuant to Section 4.1. 7.4. Rights and Obligations Affer Termination. In the event of expiration or termination of this Agreement, Customer shall immediately pay to Granicus all Fees due to Granicus through the date of expiration or termination. 7.5. Survival. All rights granted hereunder shall terminate the latter of the termination or expiration date of this Agreement, or each Order, SOW or Exhibit. The provisions of this Agreement with respect to warranties, liability, and confidentiality shall survive termination of this Agreement and continue in full force and effect. 8. Limitation of Liability 8.1. EXCLUSION OF CONSEQUENTIONAL AND RELATED DAMAGES. UNDER NO CIRCUMSTANCES SHALL GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS' REASONABLE CONTROL, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES. granicus.com 1 info@granicus.com page 85 G GRANICUS 8.2. LIMITATION OF LIABILITY. IN NO INSTANCE SHALL EITHER PARTY'S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PROCEEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FORDIRECT DAMAGES. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 4 ABOVE. 9. Indemnification 9.1. Indemnification by Granicus. Granicus will defend Customer from and against all losses, liabilities, damages and expenses arising from any claim or suit by a third party unaffiliated with either Party to this Agreement ("Claims") and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, "Losses," and including reasonable attorneys' fees and court costs), to the extent arising out of any Claims by any third party that Granicus Products and Services infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order, SOW or Exhibit. In the event of such a Claim, if Granicus determines that an affected Order, SOW or Exhibit is likely, or if the Solution is determined in a final, non -appealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent issued as of the date of the applicable Order, SOW or Exhibit, Granicus will, in its discretion: (a) replace the affected Granicus Products and Services; (b) modify the affected Granicus Products and Services to render it non -infringing; or (c) terminate this Agreement or the applicable Order, SOW or Exhibit with respect to the affected Solution and refund to You any prepaid fees for the then -remaining or unexpired portion of the Subscription Order Term. Notwithstanding the foregoing, Granicus shall have no obligation to indemnify, defend, or hold Customer harmless from any Claim to the extent it is based upon: (i) a modification to any Solution by Customer (or by anyone under Customer's direction or control or using logins or passwords assigned to Customer); (ii) a modification made by Granicus pursuant to Customer's required instructions or specifications or in reliance on materials or information provided by Customer; or (iii) Customer's use (or use by anyone under Customer's direction or control or using logins or passwords assigned to Customer) of any Granicus Products and Services other than in accordance with this Agreement. This Section 9.1 sets forth Customer's sole and exclusive remedy, and Granicus' entire liability, for any Claim that the Granicus Products and Services or any other materials provided by Granicus violate or infringe upon the rights of any third party. granicus.com 1 info@granicus.com page 86 G) GRANICUS 9.2. Indemnification by Customer. Customer shall defend, indemnify, and hold Granicus harmless from and against any Claims, and shall pay all Losses, to the extent arising out of or related to (a) Customer's (or that of anyone authorized by Customer or using logins or passwords assigned to Customer) use or modification of any Granicus Products and Services; (b) any Customer content; or (c) Customer's violation of applicable law. 9.3. Defense. With regard to any Claim subject to indemnification pursuant to this Section 9: (a) the Party seeking indemnification shall promptly notify the indemnifying Party upon becoming aware of the Claim; (b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (c) the indemnified Party shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified Party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying Party's prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified Party without the prior written consent of the indemnified Party. 10. General 10.1. Relationship of the Parties. Granicus and Customer acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations. 10.2. Subcontractors. Granicus agrees that it shall be responsible for all acts and omissions of its subcontractors to the same extent Granicus would be responsible if committed directly by Granicus. 10.3. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties. 10.4. Amendments. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. Notwithstanding the foregoing, Granicus retains the right to revise the policies referenced herein at any time, so long as the revisions are reasonable and consistent with industry practices, legal requirements, and the requirements of any third -party suppliers. granicus.com 1 info@granicus.com page 87 G GRAN ICUS 10.5. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 10.6. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party's consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party's business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void. 10.7. No Third -Party Beneficiaries. Subject to Section 9.6, this Agreement is binding upon, and insures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third -party beneficiaries to this Agreement. 10.8. Notice. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals hereunder shall be in writing and shall be deemed to have been given upon: (a) personal delivery; (b) the day of receipt, as shown in the applicable carrier's systems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; (c) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested; or (d) sending by email, with confirmed receipt from the receiving party. 10.9. Force Majeure. Neither Party shall be in breach of this Agreement solely due to breach caused by circumstances beyond the control and without the fault or negligence of the Party failing to perform. Such causes include but are not limited to acts of God, wars, fires, floods, government regulations, shortage or supplies, acts of terrorism, or strikes. 10.10. Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of Minnesota, without reference to the State's principles of conflicts of law. The parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Ramsey County, Minnesota. granicus.com 1 info@granicus.com page 88 G GRANICUS 10.11. Entire Agreement. This Agreement, together with all Orders, SOWs or Exhibits referenced herein, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Customer agree that any and all Orders, SOWs or Exhibits are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: (1) the terms of this Agreement; (2) Exhibits (excluding orders) hereto; (3) Orders; and (4) all other SOWs or other purchase documents. 10.12. Reference. Notwithstanding any other terms to the contrary contained herein, Customer grants Granicus the right to use Customer's name and logo in customer lists and marketing materials. 10.13. Injunctive Relief. Granicus is entitled to obtain injunctive relief if Customer's use of Granicus Products and Services is in violation of any restrictions set forth in this Agreement. granicus.com 1 info@granicus.com page 89 Master Subscription Agreement [4-6-18] This Master Subscription Agreement ("Agreement) is made and entered into on the day of , 2018 by and between the City of Temecula, a municipal corporation ("Customer"), and Granicus, LLC, a Minnesota Limited Liability Company d/b/a Granicus ("Granicus"). Customer and Granicus may each be referred to herein as "Party" or collectively as "Parties". By accessing the Granicus Products and Services, Customer accepts this Agreement. In the event there is a conflict between this Agreement and any other contract Customer has for the Granicus Products and Services ("Contract"), the terms of this Agreement shall prevail. Due to the rapidly changing nature of digital communications, this Agreement may be updated from time to time at Granicus' sole discretion. Notification to Customer will be made not less than thirty (30) days in advance, via email to Customer's authorized representative, or by United States mail, postage prepaid, return receipt requested, to the Customer's address of record. 1. Definitions. In addition to terms defined elsewhere in this Agreement, the following terms shall have the meaning specified: "Agreement Term" means the total time covered by the Initial Term and all Extension Terms for each Order, SOW or Exhibit under this Agreement, further specified in Section 7.1. "Effective Date" means the effective date of this Agreement which is the date set forth above, and it also means the effective date of and any Order, SOW, or Exhibit agreed upon after the Effective Date of this Agreement. "Exhibit" means any exhibit referenced herein and attached hereto. "Extension Term" any term that increases the length of the Initial Term of this Agreement. "Fees" mean the fees charged by Granicus for the Granicus Products and Services as identified on each Order, SOW or Exhibit and, unless otherwise stated in each Order, SOW or Exhibit, invoiced upon commencement of the Order Term. "Granicus Products and Services" or "Services" means the products and services made available to Customer pursuant to this Agreement and in accordance with the Service Level Agreement attached hereto as Exhibit "A" and incorporated by reference herein, which may include Granicus products, services, application software accessible for use by Customer on a subscription basis ("SaaS"), Granicus professional services, content from any professional services or other required equipment components ("Required Hardware"), as specified in the Order, SOW or Exhibit, and described in the Proposal. "Initial Term" shall have the meaning specified in the Order, SOW or Exhibit between Granicus and Customer for the first duration of performance that Customer has access to Granicus Products and Services. "Order" means that portion of the Proposal setting forth the specific Granicus Products and/or Service which Granicus agrees to provide and Customer agrees to purchase. "Order" shall also mean any Order agreed upon by the Parties after the Effective Date of this Agreement. "Order Term" shall mean the then -current duration of performance identified on each Order, SOW or Exhibit, for which Granicus has committed to provide, and Customer has committed to pay for, Granicus Products and Services. "Proposal" means that certain proposal submitted to Customer dated February 9, 2018, in response to Customer's Request for Proposals for Automated Agenda and Commission Management System Implementation, and the Proposal is incorporated by reference herein. The Proposal contains the Order and SOW for this Agreement. "Statement of Work" or "SOW" means that portion of the Proposal that describes the Granicus Products and Services to be provided and/or performed by Granicus. "SOW" shall also mean any SOW agreed upon by the Parties after the Effective Date of this Agreement. Each Order, SOW and/or Exhibit shall describe the Parties' performance obligations and any assumptions or contingencies associated with the implementations of the Granicus Products and Services, as specified in each Order, SOW or Exhibit placed hereunder. "Support" means the ongoing support and maintenance services performed by Granicus related to the Granicus Products and Services as specified in each Order, SOW or Exhibit placed between the Parties. 2. Ordering and Scope 2.1. Ordering Granicus Products and Services. The Parties may execute one or more Order, SOW or Exhibit related to the sale and purchase of Granicus Products and Services. Each Order, SOW or Exhibit will generally include an itemized list of the Granicus Products and Services as well as the Order Term for such Granicus Products and Services. Each Order, SOW or Exhibit must, generally, be signed by the Parties; although, when a validly -issued purchase order by Customer accompanies the Order, SOW or Exhibit, then the Order, SOW or Exhibit need not be executed by the Parties. Each Order, SOW or Exhibit dated on or after the Effective Date shall be governed by this Agreement regardless of any pre-printed legal terms on each Order, SOW or Exhibit, and by this reference is incorporated herein. 2.2. Support. Basic support related to standard Granicus Products and Services shall be as set forth in a written description provided to Customer and/or as set forth in the Service Level Agreement, Exhibit "A" hereto, and is included within the fees paid during the Order Term. Granicus may update its Support obligations under this Agreement, so long as the functionality or any service level purchased by Customer is not materially diminished. 2.3. Future Functionality. Customer acknowledges that any purchase hereunder is not contingent on the delivery of any future functionality or features. 2.4. Cooperative Purchasing. To the extent permitted by law and approved by Customer, the terms of this Agreement and set forth in one or more Order, SOW or Exhibit may be extended for use by other municipalities, school districts and governmental agencies upon execution of an addendum or other signed writing setting forth all of the terms and conditions for such use. The applicable fees for additional municipalities, school districts or governmental agencies will be provided by Granicus to Customer and the applicable additional party upon written request. 3. Use of Granicus Products and Services and Proprietary Rights; Use of Customer Data 3.1. Granicus Products and Services. The Granicus Products and Services (but not Required Equipment) are purchased by Customer as subscriptions during an Order Term specified in each Order, SOW or Exhibit. The Granicus Products and Services purchased by Customer shall at all times function and perform as represented by Granicus in the Proposal and in any relevant documentation incorporated as part of this Agreement, and otherwise in accordance with any and all applicable local, State, and federal laws, statutes, orders, and regulations. Additional Granicus Products and Services may be added during an Order Term as described in Section 2.1. 3.2. Permitted Use. Subject to the terms and conditions of this Agreement, Granicus hereby grants during each Order Term, and Customer hereby accepts, solely for its internal use, a worldwide, revocable, non-exclusive, non-transferrable right to use the Granicus Products and Services to the extent allowed in the relevant Order, SOW or Exhibit (collectively the "Permitted Use"). The Permitted Use shall also include the right, subject to the conditions and restrictions set forth herein, to use the Granicus Products and Services up to the levels limited in the applicable Order, SOW or Exhibit. 3.2.1. Data Sources. Data uploaded into Granicus Products and Services must be brought in from Customer sources (interactions with end users and opt -in contact lists). Customer cannot upload purchased contact information into Granicus Products and Services without Granicus' written permission and professional services support for list cleansing. 3.2.2. Content. Customer can only use Granicus Products and Services to share content that is created by and owned by Customer or which use by Customer is authorized, and/or content for related organizations provided that it is in support of other organizations but not as a primary communication vehicle for other organizations that do not have a Granicus subscription. Any content deemed inappropriate for a public audience or in support of programs or topics that are unrelated to Customer, can be removed or limited by Granicus following not Tess than five (5) business days' written notice to Customer. 3.2.3. Granicus Communications Suite Subscriber Information 3.2.3.1. Data Provided by Customer. Customer's data ("Customer Data," which shall also be known and treated by Granicus as Confidential Information except Customer Data made accessible to the public by Customer) shall include: (a) Customer's data collected, used, processed, stored, or generated as the result of the use of the Services; and, (b) personally identifiable information ("PII") collected, used, processed, stored, or generated as the result of the use of the Services, including, without limitation, any information that identifies an individual, such as an individual's social security number or other government -issued identification number, image, date of birth, address, telephone number, biometric data, mother's maiden name, email address, credit card information, or an individual's name in combination with any other of the elements listed herein. Customer Data is and shall remain the sole and exclusive property of Customer and all right, title, and interest in the same is reserved by Customer. Granicus is provided a limited license to access Customer Data for the sole and exclusive purpose of providing the Services, including a license to collect, process, store, generate, and display Customer Data only to the extent necessary in the providing of the Services. Granicus shall: (a) subject to the exceptions herein, keep and maintain Customer Data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in this Agreement and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose Customer Data solely and exclusively for the purpose of providing the Services, such use and disclosure being in accordance with this Agreement, and applicable law; (c) allow access to Customer Data only to those employees of Granicus who are directly involved with and responsible for providing the Services; and, (d) not use, sell, rent, transfer, distribute, or otherwise disclose or make available Customer Data for Granicus's own purposes or for the benefit of anyone other than Customer without Customer's prior written consent. Customer shall have full and complete access to, and ability to download, its Customer Data 24 hours per day, 7 days per week, except during authorized periods of maintenance by Granicus. Further, Granicus shall, within one (1) business day of Customer's request, provide Customer, without charge up to one time per month during the Agreement Term, an extract of the Customer Data in the format specified by Customer. As a part of the Services, Granicus is responsible for maintaining a backup of Customer Data and for an orderly and timely recovery of such data in the event that the Services may be interrupted. Granicus shall maintain a contemporaneous backup of Customer Data that can be recovered within two (2) hours at any point in time. Additionally, Granicus shall store a backup of Customer Data in an off-site (but within the continental United States) "hardened" facility no less than daily, maintaining the security of Customer Data, the security requirements of which are further described herein. Any backups of Customer Data shall not be considered in calculating storage used by Customer. Notwithstanding any other provision herein, any and all cloud -based storage of Customer Data shall occur within the continental United States, and the infrastructure that the applications are run on must be in compliance with ISO 27001:2013. Without limiting Granicus's obligation of confidentiality as further described herein, Granicus shall be responsible for establishing, maintaining, and providing a written description to Customer of, a data privacy and information security program, including physical, technical, administrative, and organizational safeguards, that is designed to: (a) ensure the security and confidentiality of the Customer Data; (b) protect against any anticipated threats or hazards to the security or integrity of the Customer Data; (c) protect against unauthorized disclosure, access to, or use of the Customer Data; (d) ensure the proper disposal of Customer Data; and, (e) ensure that all employees, agents, and subcontractors of Granicus, if any, comply with all of the foregoing. In no case shall the safeguards of Granicus's data privacy and information security program be Tess stringent than the safeguards used by Customer. In the event of any act, error or omission, negligence, misconduct, or breach that permits any unauthorized access to, or that compromises or is suspected to compromise the security, confidentiality, or integrity of Customer Data or the physical, technical, administrative, or organizational safeguards put in place by Granicus that relate to the protection of the security, confidentiality, or integrity of Customer Data, Granicus shall, as applicable: (a) notify Customer as soon as practicable but no later than twenty-four (24) hours of becoming aware of such occurrence; (b) cooperate with Customer in investigating the occurrence, including providing a detailed report of any incident that includes details regarding any breach and other materials required by applicable law (c) in the case of PII, at Customer's sole election unless otherwise required by law, (i) notify the affected individuals who comprise the PII as soon as practicable but no later than is required to comply with applicable law including, but not limited to, the provisions of California Civil Code Section 1798.82; or, in the absence of any legally required notification period, within ten (10) business days of the occurrence; or, (ii) reimburse Customer for any costs in notifying the affected individuals; (d) in the case of PII, provide third -party credit and identity monitoring services to each of the affected individuals who comprise the PII for the period required to comply with applicable law, or, in the absence of any legally required monitoring services, for no less than twelve (12) months following the date of notification to such individuals; (e) perform or take any other actions required to comply with applicable law as a result of the occurrence; (f) without limiting Customer's obligations of indemnification as further described in this Agreement, indemnify, defend, and hold harmless Customer for any and all Claims (as defined herein), including reasonable attorneys' fees, costs, and expenses incidental thereto, which may be suffered by, accrued against, charged to, or recoverable from Customer in connection with the occurrence; (g) be responsible for recreating lost Customer Data in the manner and on the schedule set by Customer that is mutually agreed upon but will be no less than five (5) business days without charge to Customer; and, (h) provide to Customer a detailed plan within ten (10) calendar days of the occurrence describing the measures Granicus will undertake to prevent a future occurrence. Notification to affected individuals, as described above, shall comply with applicable law, be written in plain language, and contain, at a minimum: name and contact information of Granicus's representative; a description of the nature of the loss; a list of the types of data involved; the known or approximate date of the Toss; how such loss may affect the affected individual; what steps Granicus has taken to protect the affected individual; what steps the affected individual can take to protect himself or herself; contact information for major credit card reporting agencies; and, information regarding the credit and identity monitoring services to be provided by Granicus. This Section 3.2.3.1 shall survive the termination of this Agreement 3.2.4. Advertising. Granicus Products and Services shall not be used to promote products or services available for sale through Customer or any third party unless approved in writing, in advance, by Granicus. Granicus reserves the right to request the details of any agreement between Customer and a third party that compensates Customer for the right to have information included in Content distributed or made available through Granicus Products and Services prior to approving the presence of Advertising within Granicus Products and Services. 3.3. Restrictions. Customer shall not: 3.3.1. Access or use any portion of Granicus Products and Services, except as expressly allowed by this Agreement or each Order, SOW or Exhibit placed hereunder; 3.3.2. Disassemble, decompile, or otherwise reverse engineer all or any portion of the Granicus Products and Services; 3.3.3. Use the Granicus Products and Services for any unlawful purposes; 3.3.4. Export or allow access to the Granicus Products and Services in violation of U.S. laws or regulations; 3.3.5. Except as expressly permitted in this Agreement, subcontract, disclose, rent, or lease the Granicus Products and Services, or any portion thereof, for third party use; or 3.3.6. Modify, adapt, or use the Granicus Products and Services to develop any software application intended for resale which uses the Granicus Products and Services in whole or in part. 3.4. Customer Feedback. Customer hereby grants to Granicus an irrevocable, non-exclusive, perpetual, royalty -free transferrable license, with right to sublicense, to use and incorporate into the Granicus Products and Services any suggestion, enhancement, request, recommendation, correction or other feedback provided by Customer, but excluding any Customer Data, relating to the use of the Granicus Products and Services. 3.5. Required Hardware. For Required Hardware purchased from Granicus by Customer, Granicus provides to Customer a three (3) year warranty. Within the three (3) year warranty period, Granicus shall repair or replace any Required Hardware provided directly by Granicus that fails to function properly due to normal wear and tear, defective workmanship, or defective materials. Required Hardware warranty shall commence on the Effective Date of each applicable Order, SOW or Exhibit, or the "go -live" date of the Required Equipment, whichever occurs later. 3.6. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Granicus and/or its licensors reserve all right, title and interest in the Granicus Products and Services, the documentation and resulting product including all related intellectual property rights. Further, no implied licenses are granted to Customer. 4. Payment 4.1. Fees. Customer agrees to pay Granicus in accordance with the payment rates and terms and the schedule of payment set forth in this Agreement provided, however, that the total amount payable under this Agreement for and over the initial four (4) year term shall not exceed $250,000, except as otherwise provided for herein.. Granicus reserves the right to suspend any Granicus Products and Services should there be a lapse in payment. A lapse in the term of each Order, SOW or Exhibit will require the payment of a setup fee to reinstate the subscription which shall not exceed twenty percent (20%) of the affected subscription fee. All fees are exclusive of applicable state, local, and federal taxes, which, if any, will be included in the invoice. It is Customer's responsibility to provide applicable exemption certificate(s). Unless indicated otherwise in the applicable Order, SOW or Exhibit, and subject to the provisions of subsection 4.1.4, the fees shall be invoiced by Granicus and paid by Customer as follows: 4.1.1. Products. Product setup and annual fees are due at the beginning of the Initial Term, then annually at the beginning of any Extended Term or Order Term, within thirty (30) days of receipt of invoice. 4.1.2. Services. Services supporting Products shall be paid annually commencing upon the completion of the Product implementation, or the Product being ready for Customer's use. Fees shall be paid by Customer within thirty (30) days of receipt of invoice. 4.1.3. Required Hardware. For Required Hardware, delivery is complete once Customer receives Required Hardware components with the configured Granicus Product and Services. 4.1.4. Acceptance Testing. Nothing in this Section 4.1 shall require payment for any Product, Service, or Required Hardware unless and until complete functionality of the same has been tested pursuant to a test plan acceptable to Customer, and shown to Customer to be functioning properly and otherwise as represented by Granicus in the Proposal or documentation provided in advance to Customer. 4.2. Disputed Invoiced Amounts. Customer shall provide Granicus with detailed written notice of any amount(s) Customer reasonably disputes within thirty (30) days receipt of invoice for said amount(s) at issue. Granicus will not exercise its rights under 4.1 above if Customer has, in good faith, disputed an invoice and is diligently trying to resolve the dispute. Customer's failure to provide Granicus with notice of any disputed invoiced amount(s) shall be deemed to be Customer's acceptance of the content of such invoice. 4.3. Price Increases. Any price increases not negotiated in advance shall be provided by Granicus to Customer at least thirty (30) days prior to the end of the Order Term and shall not exceed five percent (5%) of the previous price. Upon each yearly anniversary during the term of this Agreement (including the Initial Term, all Extended Terms, and all Order Terms), the Granicus Product and Services fees that are not negotiated in advance, shall automatically increase from the previous term's fees by five (5) percent per year. 5. Representations, Warranties and Disclaimers 5.1. Representations. Each Party represents that it has validly entered into this Agreement and has the legal power to do so. 5.2. Warranties. Granicus warrants that it takes all precautions that are standard in the industry to increase the likelihood of a successful performance for the Granicus Products and Services; however, the Granicus Products and Services are provided "AS IS" and as available, except as otherwise provided herein. 5.3. Disclaimers. EACH PARTY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY NATURE WHATSOEVER WHETHER ORAL AND WRITTEN, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT GRANICUS PRODUCTS AND SERVICES WILL MEET CUSTOMER'S REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. 6. Confidential Information 6.1. Confidential Information. It is expected that one Party (disclosing Party) may disclose to the other Party (receiving Party) certain information which may be considered confidential and/or trade secret information ("Confidential Information"). Confidential Information shall include: (i) Granicus' Products and Services, (ii) non- public information if it is clearly and conspicuously marked as "confidential" or with a similar designation at the time of disclosure; (iii) non-public information of the disclosing Party if it is identified as confidential and/or proprietary before, during, or promptly after presentation or communication and (iv) any information that should be reasonably understood to be confidential or proprietary to the receiving Party, given the nature of the information and the context in which disclosed; and (iv) all Customer Data except Customer Data disclosed to or otherwise made accessible to the public. 6.2. Exceptions. Confidential Information shall not include information which: (i) is or becomes public knowledge through no fault of the receiving Party; (ii) was in the receiving Party's possession before receipt from the disclosing Party; (iii) is rightfully receiving by the receiving party from a third party without any duty of confidentiality; (iv) is disclosed by the disclosing Party without a duty of confidentiality on the third party; (v) is independently developed by the receiving Party without use or reference to the disclosing Party's Confidential Information; or (vi) is disclosed with the prior written approval of the disclosing Party. Confidential Information of disclosing Party may be disclosed in response to a valid subpoena, court order, California Public Records Act request, or other legal process (collectively, "Process"), only to the extent required by such Process and, if allowed by law, only after the recipient has given the owner written notice of such Process promptly and the opportunity for the owner to seek a protective order or confidential treatment of such Confidential Information. 6.3. Storage and Sending. Customer shall use reasonable efforts to ensure that that Confidential Information or sensitive information is stored behind a secure interface and access thereto shall not be permitted except as provided in Section 6.2, above. Except as provided in Section 3.2.3.1, Customer is ultimately accountable for the security and privacy of data held by Granicus on its behalf. 6.4. Return of Confidential Information. Upon request of the disclosing Party, termination, or expiration of this Agreement, the receiving Party shall, to the extent commercially practicable, destroy the disclosing Party's Confidential Information and, at the disclosing Party's request, certify the same. However, if requested by the disclosing Party, the receiving Party shall make the same available for download by the disclosing Party at no cost. 7. Term and Termination 7.1. Agreement Term. The term of this Agreement shall commence on May 8, 2018, and shall continue in effect until May 7, 2022, unless sooner terminated pursuant to the provisions herein. The Parties may agree to extend this term for up to two (2), additional four (4) year terms. In no event shall the term of this Agreement be extended beyond May 7, 2030. Unless a Party has given prior, written notice to the other Party of its intent to terminate this Agreement at least thirty (30) days prior to the date of termination, this Agreement will automatically renew for an additional one (1) year unless otherwise agreed upon in writing. 7.2. Effect of Termination. If the Parties agree to terminate this Agreement and an Order, SOW or Exhibit is still in effect at the time of termination, then the terms and conditions contained in this Agreement shall continue to govern the outstanding Order, SOW or Exhibit until termination or expiration thereof. If the Agreement is terminated for breach, then unless otherwise agreed to in writing, all outstanding Orders, SOWs or Exhibits shall immediately terminate as of the Agreement termination date. Unless otherwise stated in this Agreement or Customer terminates this Agreement, an Order, SOW, or Exhibit as a result of a breach by Granicus, in no event shall Customer be entitled to a refund of any prepaid fees upon termination. 7.3. Termination for Cause. The non -breaching Party may terminate this Agreement upon written notice if the other Party is in material breach of this Agreement and fails to cure such breach within thirty (30) days after the non -breaching Party provides written notice of the breach. A Party may also terminate this Agreement immediately upon notice if the other Party: (a) is liquidated, dissolved, or adjudged to be in a state of bankruptcy or receivership; (b) is insolvent, unable to pay its debts as they become due, makes an assignment for the benefit of creditors or takes advantage or any law for the benefit of debtors; (c) ceases to conduct business for any reason on an ongoing basis leaving no successor in interest; or (d) Granicus ceases supporting any of the Granicus Products or Services purchased by Customer, and Customer is not then in breach. Granicus may, without liability, immediately suspend or terminate any or all Order, SOW or Exhibit issued hereunder if any Fees owed under this Agreement are past due pursuant to Section 4.1. 7.4. Rights and Obligations After Termination. In the event of expiration or termination of this Agreement, Customer shall immediately pay to Granicus all Fees due to Granicus through the date of expiration or termination unless Customer terminates due to a breach by Granicus. 7.5. Survival. All rights granted hereunder shall terminate the latter of the termination or expiration date of this Agreement, or each Order, SOW or Exhibit. The provisions of this Agreement with respect to warranties, liability, and confidentiality shall survive termination of this Agreement and continue in full force and effect. 8. Limitation of Liability 8.1. EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. EXCEPT AS OTHERWISE PROVIDED IN SECTION 9, OR OTHERWISE BY LAW, UNDER NO CIRCUMSTANCES SHALL GRANICUS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, GRANICUS SHALL NOT BE LIABLE FOR: (A) ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF CUSTOMER DATA; (B) COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (C) LOSS OF BUSINESS; (D) DAMAGES ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; OR (E) FOR ANY MATTER BEYOND GRANICUS' REASONABLE CONTROL, EVEN IF GRANICUS HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE FOREGOING LOSSES OR DAMAGES. 8.2. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE PROVIDED IN SECTION 9, OR OTHERWISE BY LAW, IN NO INSTANCE SHALL EITHER PARTY'S LIABILITY TO THE OTHER PARTY FOR DIRECT DAMAGES UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR TORT OR OTHERWISE) EXCEED THE FEES PAID BY CUSTOMER FOR THE GRANICUS PRODUCTS AND SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEEDING THE DATE THE DAMAGED PARTY NOTIFIES THE OTHER PARTY IN WRITING OF THE CLAIM FOR DIRECT DAMAGES. NEITHER PARTY MAY INSTITUTE AN ACTION IN ANY FORM ARISING OUT OF NOR IN CONNECTION WITH THIS AGREEMENT MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION HAS ARISEN. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER'S PAYMENT OBLIGATIONS UNDER SECTION 4 ABOVE. 9. Indemnification 9.1. Insurance and Indemnification by Granicus. Granicus will defend, indemnify, and hold Customer, its elected officials, officers, employees, volunteers, and agents (collectively, "Indemnitees") free and harmless with respect to any and all losses, liabilities, damages and expenses arising from any and all claims or suits ("Claims") by any third person not associated with Customer, and shall pay all losses, damages, liabilities, settlements, judgments, awards, interest, civil penalties, and reasonable expenses (collectively, "Losses," and including payment of reasonable attorneys' fees and court costs), to the extent arising out of any Claims that Granicus Products and Services infringe a valid U.S. copyright or U.S. patent issued, or other intellectual or proprietary property right existing, as of the Effective Date of this Agreement or the applicable Order, SOW or Exhibit. In the event of such a Claim, if Granicus determines that an affected Order, SOW or Exhibit is likely, or any Granicus Products or Services is determined in a final, non -appealable judgment by a court of competent jurisdiction, to infringe a valid U.S. copyright or U.S. patent issued, or other intellectual or proprietary property right existing, as of the date of this Agreement or the applicable Order, SOW or Exhibit, or Customer is otherwise prevented by such Claim from using any purchased Granicus Product or Service, Granicus will, in its discretion: (a) replace the affected Granicus Products and Services; (b) modify the affected Granicus Products and Services to render it non -infringing while maintaining the original functionality; or (c) terminate this Agreement or the applicable Order, SOW or Exhibit with respect to the affected Granicus Product or Service and refund to Customer any prepaid fees for the then -remaining or unexpired portion of the Subscription Order Term. Notwithstanding the foregoing, Granicus shall have no obligation to indemnify, defend, or hold the Indemnitees harmless from any Claim to the extent it is based upon: (i) a modification to any Granicus Products or Services by Customer (or by anyone under Customer's direction or control or using logins or passwords assigned to Customer); (ii) a modification made by Granicus pursuant to Customer's required instructions or specifications or in reliance on materials or information provided by Customer; or (iii) Customer's use (or use by anyone under Customer's direction or control or using logins or passwords assigned to Customer) of any Granicus Products and Services other than in accordance with this Agreement. This Section 9.1 sets forth Customer's sole and exclusive remedy, and Granicus' entire liability, for any Claim that the Granicus Products and Services or any other materials provided by Granicus violate or infringe upon any U.S. copyright or U.S. patent issued, or other intellectual or proprietary property right of any third party not affiliated with Customer. 9.1.1 To the maximum extent permitted by law, Granicus shall indemnify, defend and hold each of the Indemnitees free and harmless, and pay all Losses including reasonable attorneys' fees and costs, with respect to any and all Claims to the extent arising out of, related to, or incurred in connection with the acts or omissions of Granicus or those of its officers, employees, contractors, agents, or anyone else acting on behalf of Granicus while traveling to or from, or while physically present on property owned or controlled by Customer in connection with performance of this Agreement including, but not limited to, performance of onsite training as referenced in the Proposal, and resulting in, causing, or contributing to, personal injury or death of any person, or property damage. 9.1.2 To the maximum extent permitted by law, Granicus shall indemnify, defend and hold each of the Indemnitees free and harmless, and pay all Losses including reasonable attorneys' fees and costs, with respect to any and all Claims to the extent arising out of, related to, or incurred in connection with any unauthorized access or theft of Customer Data provided, however, that Granicus' liability for "cyber theft" shall be limited to Granicus' cyber liability insurance policy limits. 9.1.3 At all times during the term of this Agreement and any Extensions thereof, Granicus shall maintain workers compensation insurance as required by law, and commercial general, auto liability, and cyber liability insurance in such amounts and in such form as set forth in Exhibit "B" attached hereto and incorporated by reference herein. The foregoing policies of insurance shall be applicable to Claims for personal injury, death and property damage, and unauthorized access or theft of Customer Data for which Granicus may be liable, pursuant to the indemnification provisions of this Section 9.1. 9.2. Indemnification by Customer. Customer shall defend, indemnify, and hold Granicus harmless from and against any Claims, and shall pay all Losses, to the extent arising out of or related to (a) Customer's (or that of anyone authorized by Customer or using logins or passwords assigned to Customer) modification of any Granicus Products and Services; (b) any Customer content; or (c) Customer's violation of applicable law. 9.3. Defense. With regard to any Claim subject to indemnification pursuant to this Section 9: (a) the Party seeking indemnification shall promptly notify the indemnifying Party upon becoming aware of the Claim; (b) the indemnifying Party shall promptly assume sole defense and control of such Claim upon becoming aware thereof; and (c) the indemnified Party shall reasonably cooperate with the indemnifying Party regarding such Claim. Nevertheless, the indemnified Party may reasonably participate in such defense, at its expense, with counsel of its choice, but shall not settle any such Claim without the indemnifying Party's prior written consent. The indemnifying Party shall not settle or compromise any Claim in any manner that imposes any obligations upon the indemnified Party, including any admission of liability, without the prior written consent of the indemnified Party. 10. General 10.1. Relationship of the Parties. Granicus and Customer acknowledge that they operate independent of each other. Nothing in this Agreement shall be deemed or construed to create a joint venture, partnership, agency, or employee/employer relationship between the Parties for any purpose, including, but not limited to, taxes or employee benefits. Each Party will be solely responsible for the payment of all taxes and insurance for its employees and business operations. 10.2. Subcontractors. Granicus agrees that it shall be responsible for all acts and omissions of its subcontractors to the same extent Granicus would be responsible if committed directly by Granicus. Granicus shall not utilize any subcontractors for the direct performance of this Agreement unless any such contractor is identified in the Proposal, or Customer otherwise agrees in writing to such use. Notwithstanding the limitation on subcontractors, Granicus will continue to utilize third parties for the platforms, as required. 10.3. Headings. The various section headings of this Agreement are inserted only for convenience of reference and are not intended, nor shall they be construed to modify, define, limit, or expand the intent of the Parties. 10.4. Amendments. This Agreement may not be amended or modified except by a written instrument signed by authorized representatives of both Parties. Notwithstanding the foregoing, Granicus retains the right to revise the policies referenced herein at any time, so long as the revisions are reasonable and consistent with industry practices, legal requirements, and the requirements of any third-party suppliers, and Customer is provided not less than ten (10) business days prior, written notice. 10.5. Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this Agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement will continue in full force and effect. 10.6. Assignment. Neither Party may assign, delegate, or otherwise transfer this Agreement or any of its rights or obligations hereunder, either voluntarily or by operation of law, without the prior written consent of the other Party (such consent not to be unreasonably withheld); provided, however, that either Party may assign this Agreement without the other Party's consent in the event of any successor or assign that has acquired all, or substantially all, of the assigning Party's business by means of merger, stock purchase, asset purchase, or otherwise. Any assignment or attempted assignment in violation of this Agreement shall be null and void. 10.7. No Third-Party Beneficiaries. This Agreement is binding upon, and inures solely to the benefit of the Parties hereto and their respective permitted successors and assigns; there are no third-party beneficiaries to this Agreement. 10.8. Notice. Other than routine administrative communications, which may be exchanged by the Parties via email or other means, all notices, consents, and approvals permitted or required hereunder shall be in writing, addressed to each Party's address of record as between the Parties, and shall be deemed to have been given upon: (a) personal delivery; (b) the day of receipt, as shown in the applicable carrier's systems, if sent via FedEx, UPS, DHL, or other nationally recognized express carrier; or (c) the third business day after sending by U.S. Postal Service, First Class, postage prepaid, return receipt requested. 10.9. Force Majeure. Neither Party shall be in breach of this Agreement solely due to breach caused by circumstances beyond the control and without the fault or negligence of the Party failing to perform. Such causes include but are not limited to acts of God, wars, fires, floods, government regulations, shortage or supplies, acts of terrorism, or strikes. 10.10. Choice of Law and Jurisdiction. This Agreement shall be governed by and interpreted under the laws of the State of California, without reference to the State's principles of conflicts of law. The parties expressly consent and submit to the exclusive jurisdiction of the state and federal courts of Riverside County, California. 10.11. Entire Agreement. This Agreement, together with the Proposal, and all Orders, SOWs or Exhibits referenced herein, sets forth the entire understanding of the Parties with respect to the subject matter of this Agreement, and supersedes any and all prior oral and written understandings, quotations, communications, and agreements. Granicus and Customer agree that the Proposal and any and all Orders, SOWs or Exhibits are incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: (1) the incorporated herein by this reference. In the event of possible conflict or inconsistency between such documents, the conflict or inconsistency shall be resolved by giving precedence in the following order: (1) the terms of this Agreement; (2) the Proposal; (3) Exhibits (excluding orders) hereto; (4) Orders; and (5) all other SOWs or other purchase documents. 10.12. Reference. Notwithstanding any other terms to the contrary contained herein, Customer grants Granicus the right to use Customer's name and logo in customer lists and marketing materials only with Customer's prior, written consent. 10.13. Time is of the Essence. Time is of the essence in all terms herein in which time is a performance factor. 10.14 Injunctive Relief. Granicus is entitled to obtain injunctive relief if Customer's use of Granicus Products and Services is in violation of any restrictions set forth in this Agreement. [Signature page follows.] IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives. GRANICUS, LLC By: Its: CE Address: 707 17th St, Ste 4000 By: Denver, CO 80202 Its: CFO Address: 707 17th St, Ste 4000 Denver, CO 80202 [signatures of two company officers required] CITY OF TEMECULA (CUSTOMER) By: Name - Its: Address: EXHIBIT A GRANICUS SERVICE LEVEL AGREEMENT 1.1 Up -Time Guarantee. Granicus, LLC (Granicus) represents and warrants a 99.9% Percentage Uptime per any billing month for its hosted services. Granicus will provide notification to customer by email of any system -wide outages within one hour from the time the issue is first recognized by Granicus' operations team. Notifications will be posted on status.granicusops.com. Email notifications can be subscribed to from that page. (a) "Actual Uptime" shall mean the total minutes in the billing month that the Services were actually available for normal use. (b) "Scheduled Uptime" shall mean the total minutes in the billing month less the total minutes represented by the Scheduled Downtime. The Granicus Services will be available for normal use 99.9% of the Scheduled Uptime. (c) "Scheduled Downtime" shall mean the total minutes in the billing month represented by the Maintenance Window. (d) "Maintenance Window" shall mean the total minutes in the reporting month during which the Services are unavailable due to maintenance in accordance with a maintenance schedule provided in advance to customer. (e) The Percentage Uptime shall be calculated as follows: (Actual Uptime / Scheduled Uptime) x 100 = Percentage Uptime, as calculated by rounding to the second decimal point. 1.1.1 Performance Credit. (a) Where percentage of Actual Uptime is 99.9% or greater in a billing month, no Performance Credit will be due to customer. (b) In the event the Percentage Uptime drops below 99.9% in any billing month, but not by more than one percent (1%), then customer shall receive one day of managed service at no cost. Should the Percentage Uptime drop by more than one percent (1 %) but less than two percent (2%) in any billing month, then customer shall receive two days of managed service at no cost. Should the Percentage Uptime drop by two percent (2%) or more in any billing month, then customer shall receive three days of managed service at no cost. Any great drop in Percentage Uptime in any given month may be treated by customer as a default of this Agreement and the Master Subscription Agreement between customer and Granicus. 1.2 Contacting Granicus. The Customer Care staff at Granicus may be contacted by the customer via Internet, email, or telephone. Contact Information Support Hours (Mountain Time) Online (recommended in most cases) www/granicus.com/createacase Email (recommended if you do not have Internet access) customercare@granicus.com Phone (recommended for urgent issues) (877) 889-5495 ext.1 Support Hours (Mountain Time) Coverage Hours Days Regular Hours 6:OOAM — 6:00 PM Monday - Friday Urgent After Hours 6:00 PM — 11:00 PM Monday - Friday Emergency On Call 6:00 AM — 6:00 PM Saturday and Sunday 1.3 Maintenance Services/Response Times Service Levels. Granicus guarantees that maintenance services and response times will be in accord with the levels and response times set forth below: (a) Level 1: Emergency. No parts of the Granicus Suite are functional for the customer, and workflow is severely impacted. Granicus will respond to all Level 1 problems within one (1) hour of notification by the customer of occurrence. (b) Level 2: Severely Impaired. One or multiple components of the customer's Granicus Solution are not functioning as intended and customer is not able to complete their workflow in any capacity. Granicus will respond to all Level 2 problems within four (4) hours of notification by the customer of occurrence. (c) Level 3: Impaired. One or more components of the Granicus Suite is not functioning as intended, or the customer is unable to complete their workflow in a timely manner. Typically, this includes video files not uploading, document template configuration changes, and other time -sensitive issues. Granicus will respond to all Level 3 problems within one (1) business day of notification by the customer of occurrence. (d) Level 4: General. Cases that are non -urgent in nature. Customer can perform the necessary duties they need with their suite of Granicus products. Granicus will respond to all Level 4 problems within three (3) business days of notification by the customer of occurrence. A response by Granicus means that a Granicus Customer Care engineer will respond directly to the customer via phone or e-mail with an assessment of the issue. Notification shall be the documented time that the customer either calls or e-mails Granicus to notify them of an issue or the documented time that Granicus notifies the customer there is an issue. 1.4 Hardware Replacement. For hardware issues requiring replacement, Granicus shall respond to the request made by the customer within 1 business day. Hardware service repair or replacement will occur within 4 business days of the request by the customer, not including the time it takes for the part to ship and travel to the customer. The customer shall grant Granicus or its representatives access to the equipment for the purpose of repair or replacement at reasonable times. Granicus will keep the customer informed regarding the time frame and progress of the repairs or replacements. 1.5 Credits and Penalties. For failure to meet the Maintenance Services/Response Times guarantee: For failure to respond within the defined service response times: Level 1: one day of managed service per hour past the one hour response time required. Level 2: one day of managed service per hour past the four hour response time required. Level 3: one day of managed service per day past the one day response time required. Level 4: one day of managed service per day past the three day response time required. Under no circumstances shall the amount of penalty in a given calendar month exceed the total contracted monthly services fee. 1.6 Scheduled Maintenance. Scheduled maintenance of the Granicus Solution will be counted as Scheduled Downtime, and will only take place between 10:00 PM and 4:00 AM Mountain time on Fridays. The reason for this maintenance window is it allows Granicus staff to continue to monitor and test the production system through the weekend, helping ensure a smooth maintenance deployment. Granicus will provide the customer with at least two (2) days prior, emailed notice for any scheduled maintenance. All system maintenance will only be performed during these times, except in the case of an emergency. In the case that emergency maintenance is required, the customer will be provided as much advance notice by email as possible. Granicus will clearly post that the site is down for maintenance and the expected duration of the maintenance. Notifications will also be posted on status.granicusops.com and can be subscribed to from that page. COVERAGES GRAINOI CERTIFICATE NUMBER: 14987022 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY N N 6043664103 10/20/2017 10/20/2018 EACH OCCURRENCE $ 1,000,000 INSURER E : CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 15,000 PERSONAL & ADV INJURY $ 1,000,000 $ 2,000,000 $ 2,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE POLICY X MT: X LOC PRODUCTS - COMP/OP AGG OTHER: $ B AUTOMOBILE LIABILITY N N 6043664084 10/20/2017 10/20/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ANY AUTO — BODILY INJURY (Per person) $ XXXXXXX OWNED AUTOS ONLY AUTOSULED BODILY INJURY (Per accident) $ XXXXXXX X HIRED AUTOS ONLY X NON-OWNED AUTOS ONLY PROPERTY (Per accident) $ X Comp $100 DedC Coll $1,000 Ded $ XXXXXXX UMBRELLA LIAB OCCUR NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX EXCESS LIAB CLAIMS -MADE AGGREGATE $ XXXXXXX DED RETENTION $ $ XXXXXXX B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY N 6043364067 (AOS)CA) 10/20/2017 10/20/2018 X PER OTH- STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N N A 6043364070 10/2/2017 10/20/2018 E.L. EACH ACCIDENT $ 1,000 000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) N / E.L. DISEASE - EA EMPLOYEE $ 1,000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Professional Liab/Tech E&O/Cyber Liab N N 596722177 (E&O) 9/7/2017 9/7/2018 $5,000,000 per claim $5,000,000 aggregate DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mon spice Is required) RE: Evidence of Insurance ACORE) CERTIFICATE OF LIABILITY INSURANCE �.------ )x7;_018 DATE (MMIDDlYYYY) 10/17/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Insurance Brokers, LLC CA License #0F15767 Three Embarcadero Center, Suite 600 San Francisco CA 94111 (415) 568-4000 CONTACT NAME: PHONE FAX Ext)' (AIC. No E MAILo. ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : National Fire Insurance Co of Hartford 20478 INSURED Granicus, LLC 1428953 408 Saint Peter Street, Suite 600 Saint Paul MN 55102 INSURER B : The Continental Insurance Company 35289 INSURER C : Columbia Casualty Company 31127 INSURER D : INSURER E : INSURER F : CERTIFICATE HOLDER CANCELLATION 14987022 Evidence of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPR:E ATIVE `\A1ln ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATI►'• . All rights reserved. The ACORD name and logo are registered marks of ACORD Item No. 6 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk DATE: May 8, 2018 SUBJECT: Appoint Members to the Old Town Local Review Board and Planning Commission PREPARED BY: Randi Johl, City Clerk RECOMMENDATION: That the City Council appoint Albert Blair, Craig Puma, and Ross Jackson to the Old Town Local Review Board and Ron Guerriero and Gary Youmans to the Planning Commission. BACKGROUND: On June 15, 2018, there will be three vacancies on the Old Town Local Review Board and two vacancies on the Planning Commission. The application period for both ran from March 1 — March 31, 2018. Eight Old Town Local Review Board applications were forwarded to the subcommittee of Mayor Rahn and Council Member Stewart for review and recommendation and eight Planning Commission applications were forwarded to the subcommittee of Mayor Rahn and Mayor Pro Tem Naggar for the same. Mayor Rahn and Council Member Stewart recommended the appointment of Albert Blair, Craig Puma, and Ross Jackson to the Old Town Local Review Board and Mayor Rahn and Mayor Pro Tem Naggar recommended the appointment of Ron Guerriero and Gary Youmans to the Planning Commission. These appointments will expire on June 15, 2021. All applicants are registered voters and live within the city limits of the City of Temecula. FISCAL IMPACT: None ATTACHMENTS: 1. Eight Old Town Local Review Board Applications 2. Eight Planning Commission Applications OLD TOWN LOCAL REVIEW BOARD APPLICATIONS ALBERT BLAIR City of Temecula 1 41000 Main Street MEM Temecula, CA 92590 TemeculaCA.gov MAR 15 2018 �/ (951) 694-6444 Board and Commission Appointment Application �i:tlT tf G1 IIIIIn lr wewT, For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at,.the time the,app(ication, is submitted. The original completed application must be received by the deadline- ' 1 Please check one: Planning Community Services Public Traffic Safety jOld Town Local Review Board Number of years as a City of Temecula Resident _ Are you a City Registered Voter? NAME: L 0- OCCUPATION: 12_� ADDRESS: CITY/STATE/ZIP DAYTIME PHO : EVENING PHONE: EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature:/ i' Date: NM4QL0 (2) t2o1 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Albert Blair Education Work History Boards and Affiliations University of Utah, Graduate Studies, Manpower Economics and Public Administration Brigham Young University, BS Sociology, Emphasis on Demographics Santa Barbara City College, General Studies Santa Barbara High School Retired Salt Lake City Building and Housing Services Division, Director Salt Lake City Planning Division, City Planner State of Utah Department of Transportation, Land Use Analyst School Time Employment Temecula Old town Local Review Board, Member Salt Lake County Board of Zoning Adjustment, Member Salt Lake Handicapped Concem Committee, Member International Conference of Building Officials, Member Utah Conference of Building Officials, Member Salt Lake City Planning Commission, Ex -Officio Member Salt Lake City Board of Zoning Adjustment, Ex -Officio Member Salt Lake City Board of Appeals and Examiners, Staff Support Salt Lake City Housing and Advisory Appeals Board, Staff Support Salt Lake City Historical Landmarks Committee, Staff Support Salt Lake City Neighborhood Housing Services, Board Member Utah Housing Coalition, Board Member 1974-1976 1958-1973 1957-1960 1953-1956 1987 1976-1987 1966-1976 1962-1966 1949-1962 1997-2018 1988-1988 1984-1987 1976-1987 1976-1987 1976-1987 1976-1987 1978-1987 1976-1987 1976-1987 1973-1987 1971-1976 TERRY VAUGHN TemeculaCA.gov MAR 15 2018 City of Tem Tem2rtva j 41000 Main Street Temecula CA 92590 r Board and Commission Appointment Application (951) 694-6444 Gin G4.*tuut `. For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submliied. 1 he original completed application must be received by the deadilne. Please check one: Planning ommunity Services Public Traffic Safety Id Town Local Review Board Number of years as a City of Temecula Resident 1 Are you a City Registered Voter? yes Terry Vaughn NAME: OC PATI • N: Retired General Contractor ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: Retired EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: HS, some college, Carpenter Appreniceshiip, List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Mayor, Bourbonnais, IL 89-93, Kankakee County, Illinois Zoning Board of Appeals 2010-2015 List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Retired: Chiicagc Regional Council of Carpenters; Past President (Illinois Jaycees 83-84; Vice President US Jaycees 84-85; Easter Ssals 82 Area Jobs Development Board 89-95; Kankakee Co., IL Enterprize Zone 89-95; Kankakee Co., IL Zoning Board of Appeals 2010-2015 State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) For 37 years, I served in various capacities doing volunteer community service, and served in public office. I am new to Temecula and would li I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: J/01--41 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE DREW KOSEL City of Temecula 41000 Main Street Temecula, CA 92590 TemeculaCA.gov _......2 (951) 694-6444 RECEIVED NAR 28 2018 arar r' CX/PWCk Board and Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. The original completed apprcation must be receivedby the deadline. Please check one: Planning riCommunity Services Public Traffic Safety eld Town Local Review Board Number of years as a City of Temecula Resident 9 Are you a City Registered Voter? yes Drew Kosel Sr. Adiminstrator NAME: OCCUPATION: ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: Specialised Imaging, Inc. EMPLOYER NAME: 40935 County Center Dri v'r EMPLOYER ADDRESS: ; f.N�F�_r;'. n f', `'r' EMAIL Educational al Batatt F 5,fig-d/Degr Usrvce AomilvisTf2r97/,w, F/NAnicr, ��HN ISE STATE- Ow v. 21P- 1007 ur 8Vs)IVE s s f)OM/rhi STA i r/o,/, L/A,'i ✓ c' F R O -iq,V'O S 7t m(CuLR / n lci "6 - 201 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: .Sf-Cuel-TV CUUNc,I_ Fc< 71- t 0J- coos H cru S (-M CLS. List any organizations to which you belong (professional, technical, volunteer groups, non-profit 01z61 organizations, service clubs, etc.): j e) y S (ou-r 5 or= et Me l21 C r4, Mu_ i Ttl 4-y Lf n oe F;rv, '1(, Ac fVW+-✓) 464 SO i k ; Y State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) PLC -f --)Sr >fE fiTT f/e0 II+66Y I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: ( Date: 3/2 / /20/6. Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE To whom it concerns, I believe in community. A community where we can all find common ground to live happy, healthy, successful, fruitful, and productive lives. My interest to serve on Temecula's commission and board comes with great thought and a belief that I can serve the people of Temecula with great honor and with skillful success. I have a burning desire need and want to serve my community in the best way that I feel I can. I still, to this day, have a desire, and a long-term plan to run for Governor of California. I, like most, I assume, would like to see Temecula continue to flourish. Planning is an important function for sustainability and growth. My whole life has been a series of planning and implementing the plan to reach goals and find success. This planning includes financial, career, as well business operations. Every year now, I am getting smarter. I feel now, before my 40th birthday, that I have the confidence, maturity, knowledge, and skills to lead and be a member of the City of Temecula Board and Commission. As a small business owner for over 6 years, planning was critical to the success of the business. I had to plan projects nearly every day. Planning allowed me to know exactly how the project would be completed, how much it would cost, how much time it would take, what it would take, and how much money it would provide as net income. Through my business, I worked with the Town of Los Altos Hills (one of the country's most affluent and expensive places to live) to develop a town wide security plan to help reduce crime and prevent future crime. The plan included a new physical security patrol presence which also included improved visibility throughout the town using strategically placed surveillance systems. At the time the Town was inundated with new wave of break-ins and vandalism. The town management including the county sheriff's department were concerned and asked me for help. The security plan is something that can be implemented in any town or city. I transitioned from operations executive and management with my company to now senior administration with a world class government contractor for scientific equipment. Planning is a big part of my tasks because we rely heavily on government spending, and government spending is based on annual budgets, and its important to know and plan for these spending cycles to ensure that we generate our revenue and are successful. I am furthering my business and administration knowledge and skills through a Master of Business Administration program at Temecula's satellite campus for the University of Redlands. I am currently enrolled maintaining a 3.85 overall GPA. I spent many years of my youth in leadership positions in the Boy Scouts of America, as well as attending leadership courses and becoming a member of the Order of the Arrow, the scouts National Honor Society which embraces American Indian culture and way of life. While serving in the US Army, I attended some of the toughest leadership courses including Jungle Combat Leaders Course, and US Army Ranger School. 1 also like to pursue new ideas. Ideas are important for productive change. I pride myself on the ability to think about and create new comprehensive logical ideas. Ideas that can benefit all stakeholders. Sincerely, Drew S Kosel ROSS JACKSON City of Temecula 41000 Main Street Temecula, CA 92590 TemeculaCA.gov (951) 694-6444 RECEIVILI ✓ X28 2018 DEPT. Board and Commic M Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. The original completed application must be received by the deadline. Please check one: Planning ommunity Services Public Traffic Safety SId Town Local Review Board Number of years as a City of Temecula Resident 14 Are you a City Registered Voter? Yes Ross Jackson NAME: OCCUPATION: Director of Development & Construction ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: Truax Development EMPLOYER NAME: 41923 2nd St. Temecula CA 92590 EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for pular ormation purposes. Signature* Date: c5-&/( e mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Board and Commission Appointment Application: Old Town Local Review Board Applicant: Ross Jackson Educational Background/Degrees: • Mt. Rainier HS Washington St • Highline College Washington St List any City or County Board, Committee or Commission on which you have served and the year(s) of service: • Harbor Ridge Estate HOA - Director of Architecture (3 years) List any organizations to which you belong (professional, technical, volunteer groups, non- profit organizations, service clubs, etc.): • Padi & SSI Certified Underwater Instructor; • Association of Diving Contractors; • HazWooper Certified; • EPA AHERA Asbestos Building inspector; • National Association of Commercial Scuba Divers; • FHWA Bridge Condition Inspector; • CAD Technician; • DuPont Safety Program; • United States Air Force, MP / Military Observer NATO Forces, Honorable Discharge 1978 State why you wish to serve on this commission, and why you believe you are qualified for the position. I have a deep appreciation for the Temecula Valley and specifically for Old Town. I have seen Old Town become a burgeoning town center. I believe that I will be able to positively affect Old Town and ensure it evolves to the next vision we all share. I believe that projects have the ability to serve everyone they come in contact with. It is the smallest details in these projects that make the biggest, and longest lasting impacts. Walter R. Alien architect + associates March 15, 2018 City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Randi Johl, City Clerk Re: OTLRB Dear Ms. Johl: It is my pleasure to recommend Ross Jackson to you for the post of member of the Old Town Local Review Board. I believe he would be an asset to the board and serve the City of Temecula well in that capacity. I have known Mr. Jackson for over ten years. I have worked with him as an Owner's representative in several construction projects. I have also had the opportunity to associate with him on a personal level. I can certainly vouch for his sincerity and personal integrity. Besides Mr. Jackson's personal attributes, I would like to point out that he is already quite familiar with the Old Town Temecula Specific Plan. This, in my opinion, would give him a head start in the typical new member's learning curve in addition to the perspective he would bring as a long-time member of the development community. I hope you will pass this on to the deciding individuals for consideration. I am sure Mr. Jackson would take this position very seriously and do a fine job as a Board Member. Sincerely yours, 1 March 28, 2018 Ms. Randi Johl City Clerk City of Temecula 41000 Main Street Temecula, CA 92590 RE: Ross Jackson; Old Town Local Review Board Dear Ms. Johl; „‘ , WATERMARK ASSOCIATES 41923 2nd Street, Suite 405 Temecula, CA 92590 951 294 3190 watermarkassociates.com It is my honor and privilege to recommend Ross Jackson for the Old Town Local Review Board. I believe strongly that with his vast experience, knowledge and understanding of best construction management practices, the Old Town Specific Plan and the Old Town Community, qualify him as an exceptional candidate. I have known and worked with Mr. Jackson for a number of years on a variety of Old Town projects and have found his integrity to be impeccable and his manner extremely professional. On a personal note, I have come to know Mr. Jackson and his family. He is a devoted family man and takes great pride in their accomplishments. Mr. Jackson would be a welcomed addition to the OTLRB. His knowledge and understanding of construction and governance documents enables him to hit the ground running. His knowledge of development, architecture and materials will bring a unique perspective to the Board. Please let me know if you have any questions or if I can be of further assistance. Your thoughtful consideration of Mr. Jackson's application is most appreciated. iticerely, Darcy Preside e, M.B.A. C.E.O Allstate You're in good hands. March 23, 2018 City of Temecula 41000 Main Street Temecula, CA 92590 Attention: OId Town Review Board Reference: Ross Jackson To Whom It May Concern, I would like to recommend a member of the Truax Development Team for a position on the OId Town Review Board. Ross Jackson has a solid resume in the commercial construction arena and has successfully managed commercial projects for many years. He is in tune with the direction that Old Town Temecula is promoting and would be a great fit for this board. I have known Ross personally for seven years. He is a hard-working, forward thinking member of our community. His personal and professional character is of the highest standard. I believe he would be a very positive addition to the Old Town Review Board and hope you will strongly consider him for a position. Sincerely, William Joyce Will Joyce lnsuradncy Enclosures Copy: Department of Insurance 28465 Old Town Front St., Suite 215 Temecula, CA 92590 — 951 6699-0971— License Number BEN WHITE r . City of Temecula 41000 Main Street Temecula, CA 9259 TemeculaCA.gov (951) 694-6444 MAR 3 0 2018 Board and Commission Appointment Application bitty' CLARKS DR,P7, For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. 1 he original completed application must be received by the deadiine. (P1 ase check one: Planning E6ommunity Services Eublic Traffic Safety t' told Town Local Review Board Number of years as a City of Temecula Resident 8 1/2 Are you a City Registered Voter? Yes Ben White University Administrator NAME: OCCUPATION: ADDRESS: ITY/STATE2IP DAYTIME PHONE: EVENING PHONE: University of California San Diego EMPLOYER NAME: 9500 Gilman Drive, La Jolla 92590 EMPLOYER ADDRESS: EMAIL Educational Background/Degrees:� Juris Doctor, Gonzaga university Souk)! of Law; MS - Kinesiology, Indiana University BA - Communications, Washington State University List any City or County Board, Committee or Commission on which you have served and the year(s) of service: None List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): California Bar Association; Riverside County Bar Association; Southwest Riverside County Bar Association Association of Student Conduct Administrators; Education Law Association State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) See attached sheet and Letters of Recommendation 1 understand that any or all information on this form may be verified. I consent to the release of this information t. •ublic information purposes. Signature: Date: 3/30/2018 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Ben White — Old Town Local Review Board Application State why you wish to serve on this commission and why you believe you are qualified for the position. Please be specific. i want to serve on the Old Town Local Review Board because I want to be more involved in my community. I have lived in Temecula for eight and a half years and want to give back to the city I call home in a more formal manner. I am currently involved in the local community by teaching constitutional history classes for the CSU -San Marcos at Temecula OSHER Program and coaching flag football at Van Avery Prep school. These experiences have allowed me to positively impact residents through my knowledge of history and sports. At the same time, they have sparked a greater interest in giving back to the Temecula community. Being appointed to the Review Board would allow me to serve the community in a wider and more tangible manner. The Review Board's responsibility of advising city agencies on Old Town's historical significance and related architectural themes appeals to me. I love history, especially that of the Temecula area. As the city grows and more people move here, it's imperative we preserve the history of the area and educate our residents, especially about Old Town's uniqueness. My wife's family moved here in 1978. Through her family and my experiences living here, I've gained a deep love and appreciation for Old Town and the Temecula Valley as a whole. I would love to be part of a group that helps to imbue a similar love and appreciation with our residents. I also have a passion and interest to preserve the unique history and character of our area. I grew up in a small town north of Seattle which, much like Temecula, has grown exponentially over the past 30 years. Even though I no longer live there, I still stay connected and support the local community. I co-chair my high school class reunion committee and have donated items from my family's memorabilia collection to the local historical society. At the same time, I witnessed first- hand how the absence of a historic preservation plan erased nearly 100 years of my hometown's historic small-town character. I want to make sure the same doesn't happen here in Temecula. My background and experience with strategic planning will be an asset to the Review Board when analyzing proposals and reports. I have developed strategic plans for my office and participated in larger divisional strategic planning at two four-year universities. These experiences have instilled in me the ability to review proposals and ideas through the lens of the plan's overarching mission, vision, and values. Looking at proposals through this type of lens is extremely critical because it takes into account a greater vision and understanding rather than solely focusing on personal interests and tastes. Similarly, I have extensive experience making decisions on complex issues. When making these decisions, I try to gain a thorough understanding of the issues by listening to multiple perspectives, understanding the goals and objectives of the parties, and applying the facts of the issue to applicable laws, regulations, and governing principles. This approach allows me to balance constituent objectives and interests with legal requirements and strategic goals to make reasoned and well-informed decisions. UNIVERSITY OF CALIFORNIA, SAN DIEGO UCSD BERKELEY • DAVIS • IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO Thursday, March 29, 2018 City of Temecula 41000 Main Street Temecula, Ca 92590 Dear Old Town Local Review Board Selection Committee, SANTA BARBARA • SANTA CRUZ It is my privilege to be writing this letter as a resident of Temecula, and in support of Ben White, candidate for the City of Temecula's Old Town Local Review Board. I have had the distinct pleasure of knowing Ben for over a decade and can wholeheartedly attest to the value of his work ethic, passion for history, and integrity. Not only is he a colleague, but he is a dear friend. Ben has been the Director at the Office of Student Conduct at UCSD since 2010 where we have worked together eight years. As the Director, Ben oversees a program with a quarter million dollar budget, which serves 35,000 students, and processes over 1,200 unique reports of misconduct annually. He also manages a team of 3 full-time, professional staff, 1 graduate student and 4 student assistants. As Director he develops and implements training for over 100 staff, faculty, and students who facilitate the student conduct process as Student Conduct Officers, support staff, and Hearing or Appeal Officers. Ben also writes and implements campus policy, counsels the Vice Chancellor of Students Affairs as part of the Risk Management team, is a member of the Behavioral Threat Assessment team, and advises Senior Department heads on the student conduct process, compliance, policy and legal matters. UCSD has a unique 6 -college system which has benefitted from Ben's thoughtfulness, fairness, and ability to work well in teams. Since Ben took the Director's position, UCSD has unified and enhanced its conduct process, established consistency in its implementation between the colleges, and developed strong relationships with key stakeholders, all of which were previously lacking. Necessary to his position are a sense of strong organization, interpersonal, and analytical skills. Ben has made an amazing Director because in addition to his life-long love of history, policy, and civic engagement, he has a desire to give back to his community and lives by that principle. Ben has called Temecula home now for over 8 years and made the decision to raise his son here with his wife, a native Temeculan. Ben is currently involved in the community by coaching flag football at Van Avery. He also teaches at CSU San Marcos' Temecula campus as part of the OSHER Lifelong Learning Institute where he teaches courses in history. Both of these experiences made Ben want to become more involved in the community, and inspired him to apply for this opening. -1- As a resident of Temecula and long-time colleague of Ben, it is my belief that his love of history, commitment to Temecula, sense of civic duty, and experience with education and training, policy and advising, would make him an invaluable asset to the Old Town Local Review Board. Should you have any further questions re ardin his qualifications, please do not hesitate to contact me at ntrappgucsd.edu or Sincerely, Natania Trapp Assistant Director, Office of Student Conduct UC San Diego ntrapp(ucsd.edu -2- Office of Student Conduct I Student Services Center Ste. 562 19500 Gilman Dr. #0067, La Jolla, CA 92093 TEL: (858)534-6225 I FAX: (858)534-4934 1 EMAIL: studentconduct@ucsd.edu March 28, 2018 Julie Keck City of Temecula City Clerk's Office 4100 Main Street Temecula, CA 92590 Re: Applicant Ben White, Esq. Dear Selection Committee, I am writing this letter of recommendation on behalf of Ben White who is applying for one of the open positions on the Old Town Local Review Board. Please accept this letter in support of his application. I have been an active resident of the Temecula Valley for over fifteen years. I've witnessed the area' steady growth and development knowing the part Old Town Local Review Board has played in maintaining the character and history of downtown's culture. My family and I have enjoyed the Farmers Market, Community Theatre, and Pennypickle's as well as many family friendly activities hosted in Old Town over the years. I believe having known Ben, now for seven years, that his love for family, community, citizenship, equality, as well as his passion and respect for history would serve the community and board well. Professionally, Ben's role at University of California San Diego as Director of the Office of Student Conduct is one of constant communication, negotiation, analytical thinking, team work, as well as public education. These assets along with his legal knowledge could be used to build community understanding and appreciation of the unique architectural and cultural heritage of the area. In recent years, Ben has expressed and demonstrated interested to get more involved in the community, especially after coaching flag football at Van Avery Prep the last two years, and teaching in the CSU -San Marcos at Temecula OSHER program. His personality makes him approachable by both young and old. Ben White would be an added asset to the board, as he and his extended family have established local community ties and involvement for over thirty years in Temecula. This, in combination with his professional and personal strengths, would serve the community by serving on the Old Town Local Review Board. Respectfully, Julie Keck CRAIG PUMA City of Temecula 41000 Main Street Temecula, CA 92590 TemeculaCA.gov (951) 694-6444 Board and Commission Appointment Application MAR 312018 ERKS DOM. For proper consideration. you must currently be a resident of the City of Temeculge, Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. The original completed application must be received by the deadline: Please check one: 4Id Planning Community Services Public Traffic Safety Town Local Review Board Number of years as a City of Temecula Resident / 7 Are you a City Registered Voter? NAME:lftimra_____e-G T6i»74 ADDRESS: ITY/STATE/Z OCCUPATION: St/ S?N JS OGJN(,t IP DAYTIME PHONE: ? M EVENING PHONE:, EMPLOYER NAME:'" �3A�� - �? (f» /�Poeir=i#.UT i.Btc EMPLOYER ADDRESS: ,--"--e-44/ r d7 ' EMAIL Educational Background/Degrees: 4/1 - s; 7-,Q /4 0-' c X77 List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Q L 2 A/ / Le e$( /' &7/i •' 4'd72/ r d(/ f eV -0 °/ List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): rz /� f fu c �� �0,v 44 'T4-4 y 611.42 7 ,✓ r - —t '� i /(4 / f Gh.a-J 0, Co telAt G _ft �,o L 72e 14. Asro c State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) W S. 4,•• o �fe/y C../o i r /G/ ,2i' 4 'u,(6 7b 727J &4 J -i. / )/P ,'/." .i I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. .6L.r/O Date: /f0//, Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE LARRY R. METZ City of Temecula 41000 Main Street Temecula, CA 92590 TemeculaCA.gov (951) 694-6444 Board and Commission Appointment Applicata For proper consideration, you must currently be a resident of the City of Temente anti?.ice i!n, Registered Voter within the City Limits of the City of Temecula at the time the application is submitted The onginat completed applIcatiion must be received by the deadiine. P se check one: ��-�^j Planning -ommunity Services -ubiic Traffic Safety W1DId Town Local Review Board Number of years as a City of Temecula Resident /6 Are you a City Registered Voter? !` C - NAME: /? 7 /-47-2 OCCUPATION: r �t9 ADDRESS: ITY/STATE/ZI DAYTIME PHONE: EVENING PHONE:, EMPLOYER NAME: f- / 4/ - Re -7i Re -7D EMPLOYER ADDRESS: EMAI Educt tionai Background/Degrees: 5--417-e' 44S'"'6�5 /meq orf lirM.1Y6�0Ce /,-64:0e,5;72, e.>) 4L- /447fiC`'V i/6 /ffSf List any City or County Board, Committee or Commission on which you have served and the year(s) of service: GNn-rS•J,;. LTA �%,c66x{ zT, /7,;?e-5' / f 7 7 l i ye) V 4214F^-2��✓Cc /x r � htS5ce - ��rN e s: ,. ter' ` T3-4) _, tir t g5. 4,1e072- 07• x' _. /O2r" IJ List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation d/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this inform ion forbiic Information purposes. Signature: \\\ Date: 31111'4 Pleaserr` it or return fixe City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Larry R. Metz To Whom It May Concern: As a resident of Temecula since February 2002, I have seen the outstanding growth of this city. Temecula is my home and I have been privileged to live here the past 14 years. 1 am now developing temeculagolftrail.com, a webslte that will attract groups of Golfer's from all over the nation to Temecula to play golf and enjoy the wonders of our City. As a small business owner I have had several businesses and offices in Temecula. My Primary business has been Suncoast Marketing which is a Manufacturers Rep firm representing Major Consumer Electronics firms. I have called on Major Retailers including, Wal-Mart, Costco, Target and BestBuy. I have also called on Pechanga Resort and Casino selling their retail gift shops. I have owned a restaurant delivery service called We Just Deliver, from 2006 to 2009. We employed up to 11 drivers and delivered for 30 of the local restaurants. After 4 years we sold to our competitors Dine -In Delivery. After Senior Management positions at Emerson Radio, Packard Bell Electronics and Panasonic, I decided to venture out on my own and started Conquest Marketing Group, Inc. to represent Manufacturers who wanted to sell to the Major Retail Chains, Buying Groups and Distributors. I have been self-employed since 1992. I have a great deal of knowledge in regard to building businesses, contracts, negotiating skills and working with all levels of people, from senior management to floor sales people. I believe that I would be an asset to the planning commission board. Larry R. Metz Current- Owner Temecula Golf Trail — In development. TemeculaGolfTrail.com is a new online site that offers Golfers from all over the country Tee times, Hotel reservations, and Tours for Golf outings to the Temecula area. (Currently in development) (Also SanDiegoGolfTrails.com and Socalgolftrail.com) 1992 -Present — President of my own manufacturer's rep company. Originally Conquest Marketing Group, Inc and now called Suncoast Marketing. Selling to major retailers, including Wal-Mart, Sam's Club, Costco, Target, and BestBuy, also Distributors and Buying Groups on a national basis. Consulting to and Representing Audiovox, RCA, Emerson, Energizer, Kinfine-USA, Concept Green Energy Solutions. 1990-1992 — Senior Vice President Sales and Marketing, EMERSON Computer Corp. I was recruited to run Emerson's new Computer Division that I took from zero to over 200 million dollars in sales in less then 18 months. EMERSON bought out my contract when they asked me to move to New Jersey and I chose not to accept. 1983-1990 — Executive Vice President, Packard Bell Electronics. I purchased the name Packard Bell from Teledyne for $90,000 for three partners. I took the company from zero to over $650 million dollars in sales. Packard Bell owned 42% market share for the retail computer category. Responsible for all Sales, Marketing and Operations. 1980-1982 — President Filmway's Audio Group. I was originally hired to run Filmway's Audio Concepts a high-end Audio retailer catering to the recording and broadcast industry. After successfully turning that profitable they asked me to run two other companies Filmway's Audio and RF Wireless Rents. Eventually they made me president of all 5 companies in their Audio Group and after turning them profitable, I helped negotiate the sale of these companies. 1974-1979 — S. California Sales Manager, Panasonic Inc. I controlled sales for 12 divisions of Panasonic, including Technics, Video, Audio, Microwaves, Vacuums, Batteries, and even Bicycles. Took the territory from $1 million to over $10 million. Prior employment, Edwards of California, Christian Dior Menswear and American Airlines. Personal — Divorced, three grown children. Avid Golfer, Temecula resident since 2002. President Chatsworth Youth Sports 1977-1980 Commissioner Valley Conference Youth Basketball 1981 Commissioner Golfer's Getaway 2006 to Present Education — NY State University at Farmingdale 1962-64 American Airlines Management Training program1966-1967 Emmerson. November 12, 2015 To Whom it May Concern: I am writing a letter of recommendation on behalf of my longtime friend and business associate Mr. Larry Metz. Larry and I began working together more than 20 years ago and have maintained an even greater friendship at the same time. I have always appreciated Larry's ability to communicate well even in extreme environments such as the large retail market. His professionalism has always made it possible in all our business ventures to succeed. His biggest attribute may be his integrity and respect for making sure projects were completed as promised. Larry's keen abikty with follow up and follow thru skills made his career in our industry a great success. I believe Larry Metz would be a great asset to the City of Temecula and possibly improve the abilities of others to build better bridges of communication within your community. Best of luck as 1 know Larry would be a great addition to your team. Best regards, Mike Churchman Sr. Vice President Emerson Radio Corp mchurchman(eDemersonrad+c corn EMERSON RADIO CORP. 3 UNIVERSITY PLAZA #405 HACKENSACK, NEW JERSEY 07061 973.428.2000 1 WESTERN COMPUTER November 9, 2015 Temecula City Planning Commission Re: Larry Metz To Whom it May Concern: I have been asked to provide a letter of reference for a good friend Larry Metz. I have known Larry Metz for approximately 10 years and have found him to be a man of great moral character and honesty. One of Larry's many strengths is his ability to work with others in problem solving issues between parties. He Is a very kind individual who always believes in fairness between people demonstrating great communication skills. He has many friends which is a testament to his success in life and being someone we have great respect for. It has been a pleasure to be associated with Larry Metz. I would highly recommend him as a member of the Temecula City Planning Department. Sincerely, Tom Bardos CEO Western Computer Western Computer 351 Candelaria Road • Oxnard, California 93030 (805) 581-5020 www.westerncomputer.com 11/1212015 Gmail - City ofTemecula Planning Commission Position Available- Closes 11/20/2015 Gii i I Larry Metz City of Temecula Planning Commission Position Available - Closes 11/20/2015 DAN VUICICH To: Lany Metz Wed, Nov 11, 2015 at 8:04 PM I have known Larry Metz both personally and professionally for 30 plus years. Two words immediately come to mind -Integrity and perseverance. I have witnessed Larry grow companies against the toughest odds and succeed only to shoulder the burden of others shortcomings. The relationships he has gained in the CE world are legion and very loyal. From computers, peripherals, audio products, furniture and video products Larry has blazed the trail with unique offerings and creative procedures. But far and away where Larry has shined beyond most human capabilities is with his family. He has faced down incredible odds and brought his family through. l know his family very well and all are people you would love to know and would enhance your lives. They arrived at this place only by the love and strength of Larry. Obviously Larry's attributes would make him an excellent commissioner. Dan Vuicich dan.vuicich@milestone.com From: Larry Metz Sent: Friday, November 6, 2015 5:11 PM To: John Spinelli; Mike Churchman; Pete Thorsen; John Gentleman; Steve Padgett; Dan Vuicich; Robert Vassallo; Tom Bardos Subject: Fwd: City of Temecula Planning Commission Position Available - Closes 11/20/2015 [Quoted text hidden] httru•Urn aiI rondorwn/mailhmot i_7Rik=andnfKrfdRuiow. riRaw>1reFr_inhnYRmlVlNrtricCOR.i(MwRSim I=150fA(1t15.901.1t.;Se 11/W2015 Gmall - RE Recoomendedan far opening on the Temecula City Planning Commission Gii Larry Matz RE: Reccomendation for opening on the Temecula City Planning Commission 1 message Sun, Nov 8, 2015 at 3:01 PM To: "Metz, Larry" To whom it may concern, I have known Larry R. Metz for many, many years. We first met In the 5th grade In 1953. We have remained good friends over the years. Larry has always had an excellent rapport with people of all ages. His excellent communication skills allow him to connect with all kinds of people. He is one I can recommend with complete confidence and I know that he will measure up to your expectations. In summary, I highly recommend Lara for any position or endeavor that he may seek to pursue. He would be a tremendous asset to any organization Sincerely, Peter R. Thorsen ...Y.,,.. n ......,+e.,,,...w...ue diiwu=w&t3115c448view=at8aeerch=lnbanAAfr1506955975363c0c&simi=150e966975363cOc NEAL VAN BRUGGEN City of Temecula 41000 Main Street Temecula, CA 92590 TemeculaCA.gov (951) 694-6444 Board and Commission Appointment ApplicataseciiviD APR 0 2 2018 CITY OU For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is sLbmitted. The original completed application must be receivedby the deadline. Please check one: (�"� ElPlanning L—JComrnunity Services Public Traffic Safety Maid Town Local Review Board Number of years as a City of Temecula Resident / Are you a City Registered Voter? i'-6 NAME: /ulz � A- �-' -ci � OCCUPATION: �/C CO/71 4/t4—(-4. ADDRESS: ATE/ZIP DAYTIME PHONE EVENING PHONE: EMPLOYER NAME: tip !e te-ck- EMPLOYER ADDRESS: 4= EMAIL_ Educational Background/Degrees: Tr". 2' List any City or County Board, Committee or Commission on which you have served and the year(s) of service: C, / t-r'Y-77•— ♦ss List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): /k.. -r- /?_._ . Ems', .e,e cee.6.- ,&.....:::,...-_-...-.1....e:--g../LA..4...,......t fle.'....s/L .//0401...:-{ Qom; . GI = 41eo-�:.e- c9J ray cm�i %a -•-r f - `4 l/#r-ee,-7 /A4 -1.1e7'` -yam .4---77. State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged_.), .c"e,ry��.,- � /...y <r � ` , , "0-.44°- ,,..:-,, t -o- ..-x.70. y�!`' �--. �'✓ a_m_ Cis--Y7,,,s...-4-, /4e wo �� C!'7s../h►Gr1fC- cS„rs�76e 9.4 -sr -g- �Grr2- e e f� Fz.�� a ;^- 1C�.2e • .�d,�/ c�e��, 'Ge4 ,,e., -/a,,,... -0.r% I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: iG 2-e (- a-• - Date: /7/2-14- 4 3z91 - Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE 1 PLANNING COMMISSION APPLICATIONS DUSTIN ARCHER City of Temecula 41000 Main Street RIVED Temecula, CA 92590 19H9 TemeculaCA.gov MAR 0 8 2018 (951) 694-6444 GM CLERKS Dan. Board and Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. The original compTetea application must be received by the deadline. Please check one: Planning ommunity Services OPublic Traffic Safety E6Id Town Local Review Board Number of years as a City of Temecula Resident 4 Are you a City Registered Voter? NAME: (� �;ru At-ct,caZ OCCUPATION: Gccou,\Vi MawAca_ ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: A;c_ Cors, c.T;on►, %1321' i3JSirveSS P" DR St( 'S EMPLOYER ADDRESS:'rennccot.t c(} q;`;90 EMAIL Educational Background/Degrees: -3t( 91oa.S N '13)SWCSS AdrvAiN pniT Loma NAlkQeKre UN�JcRSiry 2noli tdcar of MWc P2oGRAw� V�v'�uc�s��v .r= rktGILlo.vdS (CuRnt/vT) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: NIA List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): 1o%"11- Enfrsteprtrveum.. 1/4),,c:, 4_ State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) S rGv� 0. \ovC Fol "TtMec)\0., care a Qass iory Seilu;,r 1"\` cbl✓NAN-0 ; T`.) \O.c 4bt 0 M e S gro.v�v, an(J� f\C\P coN-ViNA) c 40 tet -2 leeNecu\o. 0 •..t of -t he_ be SA- Z'oMrAo6.k 1-e S -'co \tut i CoorLK c2-C\d se(J� understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: n 3 k o S - j 2o1c2, Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE J PO Box 2164 Temecula, CA 92593 DUSTIN W. ARCHER EDUCATION University of Redlands Redlands, California Master's in Business Administration Currently Enrolled — December 2018 Point Lorna Nazarene University son Diego, California Bachelor of Arts Business Administration Graduated May 2016 John Cabot University Rome, Italy Studied Abroad, Spring 2014 PLNU Semester Abroad London, England Studied Abroad, Fall 2013 PROFESSIONAL EXPERIENCE Accounting Manager JAC Construction, LLC: Temecula, CA 2016 -present • Processer of payroll, accounts receivable, and accounts payable • Manages financial analytics and taxes • Oversees all employee benefits • Oversees hiring of all new employees Payroll Manager Freedom Solar: Murrieta, CA 2015-2016 • Supervised call center agents • Managed financial accounts and processed payroll • Oversaw human resources, accounts receivable, and accounts payable Assistant Manager Modular 1 Golf: Palm Desert, CA 2012-2015 • Supervised product marketing • Managed financial accounts • Oversaw all warehouse and product production Sales Associate/Cashier Nordstrom: San Diego, CA • Consistently met or exceeded sales goals in men's shoes department • Responsible for customer satisfaction and head cashier Finance/Accounting Intern The Rock Church: San Diego, CA • Worked alongside the CPA and did financial reports • Counted tithing and made deposits Administrative Assistant Executive Realty: Corona, CA • Completed clerical work in efficientmanner • Performed open houses and property marketing Summer 2014 Summer 2013 2011-2013 Sales Associate/Cashier Fossil: Corona, CA • Held accountable for watch and leathersales • Served as head cashier and lead sales associate based off of hourly sales SKILLS AND CERTIFICATIONS 2010-2011 • Microsoft Word • MAC/PC • Excel (Advanced) • QuickBooks (Certified) • Word Processing • PowerPoint (Advanced) TERRY VAUGHN Cty of Tem&v) 1 41000 Main Street Temecula, CA 92590 MAR 15 nig _7/ (951) 694-6444 Gn- cl.tk ..b urr Board and Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. The original completed application must be received by the deadline. Please check one: Planning ommunity Services _Public Traffic Safety O/Id Town Local Review Board Number of years as a City of Temecula Resident 1 Are you a City Registered Voter? yes Terry Vaughn NAME: 0 ADDRESS: CITY/STATE/ZIP Retired General Contractor DAYTIME PHONE: EVENING PHONE: Retired EMPLOYER NAME: EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: HS, some college, Carpenter Appreniceshiip, List any City or County Board, Committee or Commission on which you have served and the year(s) of service: Mayor, Bourbonnais, IL 89-93, Kankakee County, Illinois Zoning Board of Appeals 2010-2015 List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Retired: Chiicago Regional Council of Carpenters; Past President (Illinois Jaycees 83-84; Vice President US Jaycees 84-85; Easter Ssals 82• Area Jobs Development Board 89-95; Kankakee Co., IL Enterprize Zone 89-95; Kankakee Co., IL Zoning Board of Appeals 2010-2015 State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) For 37 years, I served in various capacities doing volunteer community service, and served in public office. I am new to Temecula and would li understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: Date: /c)- Please a Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE GARY YOUMANS City of Ten, 41000 Main Street Temecula, CA 92590 MAR 1 TemeculaCA.gov MAR _ ��g u i� (951) 694-6444 GITY GLUKKsi Lile.116 i . Board and Commission Appointment Application For proper consideration, you must _currently be a resident of -the City of Temecula and a Registered Voter within the bity. Limits of, the 00 of TOmecbl'a at.the time the,app(icatidn, Gs submitted. The original completed application must be received by the deadline: PJease check one: Planning Community Services Public Traffic Safety Old Town Local Review Board Number of years as a City of Temecula Resident Are you a City Registered Voter? Ve5 NAME: A(?•( lE),,rv\At OCCUPATION: ILe tipl ADDRES : ITY/STATE/ZIP DAYTIME PHONE: /� EVENING PHONE: EMPLOYER NAME: ( l9 PkcN � u rwart.t b Co^t Si11 EMPLOYER ADDRESS: >, EMAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of service: List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information fgrr public infirrpation purposes. lJ i, Signature: e', Date: P4a e mail r return to: City of Temecula, City Clerk's Office \, 41 00 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE EDUCATION Marian Catholic High School 1969 Southwestern Junior College 1971 San Diego State University 1973 Pacific Coast School of Banking 1985 BOARDS AND COMMISSIONS City of Temecula General Plan Review Traffic and Safety Commission Planning Commission ORGANIZATIONS Director- SAFE Chairman- St Martha's Catholic Church Finance Council Board Member National Association of Government Guaranteed Lenders (NAGGL) QUALIFICATIONS have worked in the Temecula and lived here since 1990. I am proud to be a resident and have always enjoyed the lifestyle and feel of the City. It is my goal that by giving back to the City that I can in some part make sure that happens. The General Plan Committee and over 10 years spent on the Traffic and Safety Commission served me well in this objective. With my over 30 years with NAGGL which included meetings with legislators in Washington DC as well as a lender during my banking career gives me an interesting prospective on how projects come together and has helped me in the time I have already served and look for to serve with the Planning Commission in the future. NEAL VAN BRUGGEN City of Tewpkica 41000 Main Street Temecula. CA 92590 kaAnN 2018 TemeculaCA.gov TIMN (951) 694-6444 CITY MARKS WA • Board and Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is su ml e . The original completed application must be received by the deadline. Please check jone: Planning u—IComrnunity Services _Public Traffic Safety Dad Town Local Review Board J Number of years as a City of Temecula Resident 1 Are you a City Registered Voter? yes NAME: Neal Van Bruggen Telecommunications OCCUPATION: ADDRESS: CITY/STATE/ZIP 800-753-7466 DAYTIME PHONE: EVENING PHONE: Telephone System Specialists, Owner EMPLOYER NAME: Home Based EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: List any City or County Board, Committee or Commission on which you have served and the year(s) of 5e o ommission, Ontario, CA, 1977-1980 List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): Past President, San Gabriel Jaycees & Ontario -Upland Jaycees, District Secretary, District 23 Jaycees, Board of Directors - Boys Club of Amer Past President - Victor Valley Marketing Group, Presently -Red Hawk HOA Architectural Committee State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I feel that I am qualified to serve my community utilizing my past experience in determining what is best for the city of Temecula I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: /t i - 1.27-•••–`I -`- Date: /4a 4,e V Please mail or return todfty of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE CONSTANCE DUNCAN MOSES City of Tealarrigia 41000 Main Street Temecula. CA 9259MAR 6 2 20113 U (951) 694-64444TM awns. Damm. Board and Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted:The original comp1e ed application must be received by me deadline. Please check one: Planning !Community Services Public Traffic Safety told Town Local Review Board Number of years as a City of Temecula Resident 31 Are you a City Registered Voter? YES NAME: CONSTANCE DUNCAN MOSES OC TION: ADDRESS: CITY/STATE/ZIP REGISTERED NURSE / COLLEGE INSTRUCTOR DAYTIME PHONE: EVENING PHONE: PHYSICIANS FOR HEALTHY HOSPITALS / MT SAN JACINTO COLLEGE EMPLOYER NAME: MENIFEE, CALIFORNIA CMOSES@MSJC.EDU EMPLOYER ADDRESS: EMAIL Educational Background/Degrees: ASSOCIATE IN SCIENCE / MATHEMATICS AND SCIENCE ASSOCIATE IN SCIENCE / NURSING List any City or County Board, Committee or Commission on which you have served and the year(s) of service: N/A List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): INFUSION NURSE SOCIETY; WOUND CARE/OSTOMY ASSOCIATION; NATIONAL NOTARY ASSOCIATION State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) PLEASE SEE ATTACHED I understand that any or all information on this form may be verified. 1 consent to the release of this information for public information purposes. Signature: r —� {J� ` Date: 3/8/18 Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE March 8, 2018 Greetings Committee Members, My name is Constance Duncan Moses and I would like to serve on the Planning Commission. I believe that I am a qualified candidate being that I have lived in Temecula before its inception as a city and have raised and educated my children here. I feel I would be an asset to the commission because as a homeowner I understand the positive, and sometimes the pains, of city growth. I also owned and operated a small business in Temecula from 1988 thru 2001. I do understand the needs and importance of small businesses. In both cases, I have always remained active within the community thru voluntary work as a mother, business owner and educator over the past 31 years here as a resident of Temecula. I have seen its growth. At this point in my life, I now feel I have time to give back to the community as it has provided for me and my family. I'm a well-rounded individual that would welcome the opportunity to serve the City of Temecula on the Planning Commission. Thank you for reviewing my application and documents. Sincerely, Constance Duncan Moses cmoses@msjc.edu March 9, 2018 To Whom It May Concern: I am honored to write this letter of recommendation of behalf of Constance (Connie) Duncan Moses in the application for the City of Temecula Planning Commission. 1 have known Connie Duncan Moses for over 10 years. We have been colleagues at Mt San Jacinto College. I know she has taught in a multitude of Anatomy and Physiology labs as well as Nursing Skill labs. Connie is quite knowledgeable in her fields. She is a well-respected instructor who spends a great deal of time in preparation and development of the subject matter. Connie's enthusiasm and dedication are definitely noticeable with anything she's involved. She is adaptable, dependable, industrious and an individual with true personal integrity. Connie has an exceptional ability to communicate and work well with others. I believe Mrs. Duncan Moses would make an excellent candidate for the City of Temecula Planning Commission. Sincerely, James A. Ivey, MD Mt San Jacinto College -Retired CONSTANCE DENISE DUNCAN-MOSES, RN, CWCA moses@msjc.edu Summary Compassionate and professional Registered Nurse with 8+ years' experience in health care. Skilled in providing hospital care to a diverse patient population. Loyal and collaborate team player with excellent patient/family service. Aptitude for developing new skills, multi -tasking and remaining dedicated to positions. Certifications Registered Nurse, State of California Peripheral Inserted Central Catheter Nurse Wound Care Management Nurse Notary Public, State of California (Renewed) PALS (Renewed) ACLS and BLS (Renewed) Highlights May 2014 — Present June 2016 — Present February 2018 - Present April 2013 — Present November 2015 — Present December 2015 — Present • Medical: *Pt. Care *Pt. Assessment * Vascular Management *Phlebotomy *Medicine Administration *Wound Care Management Consultant *Preceptor *Detailed Oriented *Organized *HIPPA Compliant • College: *Nursing Skills Lab Instructor *Student Advocate *Tutor: One on One and /or Group *Assess Student Progress *Develop & Implement Class Labs *Grading *Proctor Exams *CLO's *Member of Hiring Panel *Classroom Lab Instruction *Human Cadaver Dissection Experience Registered Nurse: Hemet & Menifee Medical Centers Hemet, California November 2014 — Present Menifee, California August 2015 — Present • Provide direct quality care to ICU and Telemetry patients including daily monitoring, recording, and evaluating of medical conditions ( Menifee) • Lead and mentor nursing student's in developing and achieving professional expertise (Menifee) • Interact and communicate with patients and family members of all ethnic backgrounds, giving quality medical care and treatment (Hemet and Menifee) • Insertion of Peripheral Inserted Central Catheters (PICC) using Modified Seldinger Technique with ultrasound on patients requiring advanced vascular access (Hemet - ICU, DOU, Telemetry, Med/Surg. and Out -Patients. Menifee — ICU, Telemetry and Med/Surg.) • Midline catheter placements (Hemet — ICU, DOU, Telemetry, Med/Surg. and Out -Patients. Menifee — ICU, Telemetry and Med Surg.) • Dressing and cap changes on Implanted Ports, PICC's, Midlines, Femoral and Central lines (Hemet and Menifee — all units) • Wound Care Consultant, assessment, treatment and follow up (Hemet and Menifee — all units) • CALNOC (Hemet) Associate Faculty — Nursing Program Mt San Jacinto Community College • Nursing Skills Lab Instructor • Proctor skill check -offs • Conduct group break-out sessions Menifee, California July 2017 — Present Anatomy & Physiology Instructional Assistant 2: Mt San Jacinto Community College Menifee, California March 2007 — May 2017 • Lab Instruction to 101 and 102 Anatomy and Physiology classes • Lab Practical set up and proctor • Assist students with supplemental learning material • Tutor one on one and or group • Dissection Manager and student direction with Human Cadaver program • Oral examination - one on one with students Temecula Valley Unified School District — Substitute Temecula, California August 2003 — May 2013 • Substitute in various departments on k-12 campus within Temecula Duncan Quality Dry Cleaners/Chem-Dry Carpet Cleaning - Owner Temecula, California July 1988 — January 2001 • Built from the ground up • Hiring /fining • Payroll, inventory, ordering supplies, permits, Hazard Materials Management, Air Quality Control, Filled in when employees were absent, customer service, police department deliveries, scheduling carpet cleaning appointments, cleaned and pressed clothes Bianchi International — Credit Department Temecula, California January 1987 — July 1988 • Processed credit account applications, received orders, customer service Medical Assistant: Kaiser Permanente Anaheim, California April 1982 — December 1987 • Worked Sub -Specialty (Surgery, Urology, ENT, Ophthalmology, Orthopedics) and Urgent Care • Set up exam rooms and specialty equipment • Assist Doctors with special procedures/surgeries/patients • Patient assessments, vitals, wound care, suture / staple removal • Specimen collection, prepare lab paperwork, referrals • Return patient phone calls • Schedule surgeries • Prepare monthly surgery statistics for the chiefs of each surgery sub -specialty Medical Assistant: Dr. Melvin Shiffman Tustin, California July 1979 — March 1982 • Patient care, office visits, home visits for wound management, assist with minor surgeries Fdacation and Honors Associate in Science, Nursing 2014 Mt San Jacinto College, Menifee, California Associate in Science, Mathematics/Science 2007 Mt San Jacinto College, Menifee, California Phi Theta Kappa, International Honor Society 2007 - 2014 Mt San Jacinto College, Menifee, California CNA Program 2010 / EMT Program 2008 Mt San Jacinto College, Menifee, California Medical Assistant Southern California Regional Occupational Center, Torrance, California 1979 Volunteer Trinity Lutheran Church Temecula, California 2017 - Present Rancho Elementary School Temecula, California 1995 — 2002 Girls Scouts Leader Temecula, California 1995 — 2005 RONALD C. GUERRIERO City of Tem ,,, 41000 Main Street Temecula, CA TemeculaCA oo 90 MAR 26 nil (951) 694-6444 +CITY CLARKS uLPi'. Board and Commission Appointment Application For proper consideration, you must _currently be a resident- of -the City of Temecula and a Registered Voter within the bity Limns of the City of Temecula at;.the time the,appGdati0n, is submitted. The original completed application must be received by the deadline! Please check one: Planning Community Services Public Traffic Safety Old Town Local Review Board Number of years as a City of Temecula Resident v Are you a City Registered Voter? 1)4,3-:" 'e)f%�<S C��'Y �f'!'r'�f ;K� OCCUPATION: ADl3RESS E !S ITY TA TE/ZIP --� DAYTIME PHONE: EVENING PHONE: EMPLOYER NAME: ,('),D EMPLOYER ADDRESS: i—'4 EMAI Educational Background/Degrees: PL st SE A`fylie/-.d %Piz List any City or County Board, Committee or Commission on which you have served and the year(s) of service: 1 `/ List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): it State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this information for public information purposes. Signature: . i- rl'i rr" Date: Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Application For Planning Commission Ronald C. Guerriero Educational Background/Degrees AA Police Science - Saddleback Community College BA Criminal Justice Administration - California State University Fullerton - 1976 Certificates in Environmental Law, Hazardous Materials Emergency Response - OES and FEMA Federal and State OSHA outreach instructor for Construction and General Industry, All trades. Hazardous Materials Outreach Instructor for CSTI / OES Hazardous Materials Certified Technician - CSTI /OES City Committees and Commissions Temecula Traffic (now traffic and public safety) commission - 1990 - 1997 Temecula Planning Commission - 1997 - Present American Planning Assoc - member Temecula Town Assoc. - Board of Directors - 1993 until in was sold Temecula Valley Balloon and Wine Assoc. - Board of directors - CEO in 1997 Temecula Cancer Society - Board of Directors Temecula Valley Koman Race for the cure - BOD Temecula Valley Chamber of Commerce - BOD Temecula Valley Youth Sports Coach / manager - POP Warner, Little League, Soccer - 1988 - 2000 I also served on three school site improvement councils during the 1980's and early 90's I firmly believe that you should give back to your community. Since moving our family here in 1988 I started volunteering wherever I was needed. Serving on the Traffic Commission, Planning Commission, and numerous committees and Boards of Directors have given me a very good understanding of how our community works, and the desires of our citizens. Having been a part of the original General Plan, and having served on MANY, MANY sub committees, in addition to all the specialized training I have received over the years in CEQA, EIR's, and Traffic planning, gives me a unique perspective of our city. I always strive to get the best possible projects from our applicants I would be honored to continue to serve in this capacity. / (I/ .-/3 -moo/, DREW KOSEL City of Temecula 41000 Main Street Temecula, CA 92590 TemeculaCA.gov (951) 694-6444 RECEIVED MAR 28 2018 1.r i r ci.crukocEPT, Board and Commission Appointment Application For proper consideration, you must currently be a resident of the City of Temecula and a Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. The original completed application must be received by the deadline. Please check one: ((�� Planning ommunity Services Public Traffic Safety Old Town Local Review Board Number of years as a City of Temecula Resident 9 Are you a City Registered Voter? yes Drew Kosel Sr. Adiminstrator NAME:-111111.110M1.11— OCCUPATION: ADDRESS: CITY/STATE/ZIP DAYTIME PHONE: EVENING PHONE: Specialised Imaging, Inc. EMPLOYER NAME: 40935 County Center Dri v' drew@specialised-imaging.com EMPLOYER ADDRESS: �rviy�..;., 1��1? �i" EMAIL Educational Background/Degrees: 13nct wir aF SclFrvC 13U5//VF ,om,,vi5Ti2r?T/oN;Finis3,vcc, BHN JOSE 5 FAre- ow v, 2.00 l✓IgSTE r2 uK 8VS/NE ss ff001//v, STA trriON, U/V/v OF t2e01-1V0 Sl 76:triECUL/1 , wc-rki'y'1,- 201 ) List any City or County Board, Committee or Commission on which you have served and the year(s) of service: SFcuierT'✓ Cooroco_ rUK Trte TrJ+onr LOs LTOf+(C_LS. List any organizations to which you belong (professional, technical, volunteer groups, non-profit O organizations, service clubs, etc.): 30 y SCOUTS vV- If}ThEP4C14, ml L 1 T( v -Y Lir/06(4S 6 M FtevA/4C1RC_ f';1Y+Vvi9-04- '72f" SOc(re, State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation and/or references are encouraged.) PL0q5F_ >r'E. 19TTRCfte I understand that any or all information on this form may be verified. 1 consent to the release of this information for public information purposes. i Signature: Date: 3/2 3 /20/6. Please mail or return to: City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE To whom it concerns, I believe in community. A community where we can all find common ground to live happy, healthy, successful, fruitful, and productive lives. My interest to serve on Temecula's commission and board comes with great thought and a belief that I can serve the people of Temecula with great honor and with skillful success. I have a burning desire need and want to serve my community in the best way that I feel I can. I still, to this day, have a desire, and a long-term plan to run for Governor of California. I, like most, I assume, would like to see Temecula continue to flourish. Planning is an important function for sustainability and growth. My whole life has been a series of planning and implementing the plan to reach goals and find success. This planning includes financial, career, as well business operations. Every year now, I am getting smarter. I feel now, before my 40°' birthday, that I have the confidence, maturity, knowledge, and skills to lead and be a member of the City of Temecula Board and Commission. As a small business owner for over 6 years, planning was critical to the success of the business. I had to plan projects nearly every day. Planning allowed me to know exactly how the project would be completed, how much it would cost, how much time it would take, what it would take, and how much money it would provide as net income. Through my business, I worked with the Town of Los Altos Hills (one of the country's most affluent and expensive places to live) to develop a town wide security plan to help reduce crime and prevent future crime. The plan included a new physical security patrol presence which also included improved visibility throughout the town using strategically placed surveillance systems. At the time the Town was inundated with new wave of break-ins and vandalism. The town management including the county sheriff's department were concerned and asked me for help. The security plan is something that can be implemented in any town or city. I transitioned from operations executive and management with my company to now senior administration with a world class government contractor for scientific equipment. Planning is a big part of my tasks because we rely heavily on government spending, and government spending is based on annual budgets, and its important to know and plan for these spending cycles to ensure that we generate our revenue and are successful. I am furthering my business and administration knowledge and skills through a Master of Business Administration program at Temecula's satellite campus for the University of Redlands. I am currently enrolled maintaining a 3.85 overall GPA. I spent many years of my youth in leadership positions in the Boy Scouts of America, as well as attending leadership courses and becoming a member of the Order of the Arrow, the scouts National Honor Society which embraces American Indian culture and way of life. While serving in the US Army, I attended some of the toughest leadership courses including Jungle Combat Leaders Course, and US Army Ranger School. I also like to pursue new ideas. Ideas are important for productive change. I pride myself on the ability to think about and create new comprehensive logical ideas. Ideas that can benefit all stakeholders. Sincerely, Drew S Kosel LARRY R. METZ City of Temecula 41000 Main Street Temecula, CA 92590 TemeculaCA.gov (951) 694-6444 Board and Commission Appointment Applicati 2019, For proper consideration, you must currently be a resident of the City of Teme�tilg` anti' OW. Registered Voter within the City Limits of the City of Temecula at the time the application is submitted. The original completed application must be received by the deadline. Pie se check one: jj Planning Community Services Public Traffic Safety MOld Town Local Review Board Number of years as a City of Temecula Resident KO Are you a City Registered Voter? NAME: /(4%/le? /tea OCCUPATION: j259 ADDRESS: CITY/STATEIZI DAYTIME PHONE: EVENING PHONE:, EMPLOYER NAME: ��4` ‘71gee21/4- 2e7 EMPLOYER ADDRESS: EMAIL IMMI_ Eduwtional Background/Degrees:.5 �7u) •0-b./7:,y,5;,2��vv //64' List any City or County Board, Committee or Commission on which you have served and the year(s) of service: GAM-r6‘Jc„ 27A, PRes,1- `/5 7.7 ^fi re) #4064-7-6,404_ - 4'i -ml e s., List any organizations to which you belong (professional, technical, volunteer groups, non-profit organizations, service clubs, etc.): State why you wish to serve on this commission, and why you believe you are qualified for the position. Please be specific. (You may attach a separate sheet of paper if necessary. Letters of Recommendation d/or references are encouraged.) I understand that any or all information on this form may be verified. I consent to the release of this Inform: Ion for pt bllc Information purposes. Signature: Date: 3 1°k'f Re se i1 or return • • City of Temecula, City Clerk's Office 41000 Main Street, Temecula, CA 92590 PLEASE BE AWARE OF THE ADVERTISED DEADLINE Larry R. Metz To Whom It May Concern: As a resident of Temecula since February 2002, I have seen the outstanding growth of this city. Temecula is my home and I have been privileged to live here the past 14 years. I am now developing temeculagolftrail.com, a website that will attract groups of Golfer's from all over the nation to Temecula to play golf and enjoy the wonders of our City. As a small business owner I have had several businesses and offices in Temecula. My Primary business has been Suncoast Marketing which is a Manufacturers Rep firm representing Major Consumer Electronics firms. I have called on Major Retailers including, Wal-Mart, Costco, Target and BestBuy. I have also called on Pechanga Resort and Casino selling their retail gift shops. I have owned a restaurant delivery service called We Just Deliver, from 2006 to 2009. We employed up to 11 drivers and delivered for 30 of the local restaurants. After 4 years we sold to our competitors Dine -In Delivery. After Senior Management positions at Emerson Radio, Packard Bell Electronics and Panasonic, I decided to venture out on my own and started Conquest Marketing Group, Inc. to represent Manufacturers who wanted to sell to the Major Retail Chains, Buying Groups and Distributors. I have been self-employed since 1992. 1 have a great deal of knowledge in regard to building businesses, contracts, negotiating skills and working with all levels of people, from senior management to floor sales people. I believe that I would be an asset to the planning commission board. Larry R. Metz Current- Owner Temecula Golf Trail — In development. TemeculaGolfTrail.com is a new online site that offers Golfers from all over the country Tee times, Hotel reservations, and Tours for Golf outings to the Temecula area. (Currently in development) (Also SanDiegoGolfTrails.com and Socalgolftrail.com) 1992 -Present — President of my own manufacturer's rep company. Originally Conquest Marketing Group, Inc and now called Suncoast Marketing. Selling to major retailers, including Wal-Mart, Sam's Club, Costco, Target, and BestBuy, also Distributors and Buying Groups on a national basis. Consulting to and Representing Audiovox, RCA, Emerson, Energizer, Kinfine-USA, Concept Green Energy Solutions. 1990-1992 — Senior Vice President Sales and Marketing, EMERSON Computer Corp. I was recruited to run Emerson's new Computer Division that I took from zero to over 200 million dollars in sales in less then 18 months. EMERSON bought out my contract when they asked me to move to New Jersey and I chose not to accept. 1983-1990 — Executive Vice President, Packard Bell Electronics. I purchased the name Packard Bell from Teledyne for $90,000 for three partners. I took the company from zero to over $650 million dollars in sales. Packard Bell owned 42% market share for the retail computer category. Responsible for all Sales, Marketing and Operations. 1980-1982 — President Filmway's Audio Group. I was originally hired to run Filmway's Audio Concepts a high-end Audio retailer catering to the recording and broadcast industry. After successfully turning that profitable they asked me to run two other companies Filmway's Audio and RF Wireless Rents. Eventually they made me president of all 5 companies in their Audio Group and after turning them profitable, I helped negotiate the sale of these companies. 1974-1979 — S. California Sales Manager, Panasonic Inc. I controlled sales for 12 divisions of Panasonic, including Technics, Video, Audio, Microwaves, Vacuums, Batteries, and even Bicycles. Took the territory from $1 million to over $10 million. Prior employment, Edwards of California, Christian Dior Menswear and American Airlines. Personal — Divorced, three grown children. Avid Golfer, Temecula resident since 2002. President Chatsworth Youth Sports 1977-1980 Commissioner Valley Conference Youth Basketball 1981 Commissioner Golfer's Getaway 2006 to Present Education — NY State University at Farmingdale 1962-64 American Airlines Management Training program1966-1967 ttEmerson, November 12, 2015 To Whom it May Concern: I am writing a tetter of recommendation on behalf of my longtime friend and business associate Mr. Larry Metz. Larry and I began working together more than 20 years ago and have maintained an even greater friendship at the same time. I have always appreciated Larry's ability to communicate well even in extreme environments such as the large retail market. His professionalism has always made it possible in all our business ventures to succeed. His biggest attribute may be his integrity and respect for making sure projects were completed as promised. Larry's keen ability with follow up and follow thru skills made his career in our industry a great success. I believe Larry Metz would be a great asset to the City of Temecula and possbty improve the abilities of others to build better bridges of communication within your community. Best of luck as I know Larry would be a great addition to your team. Best regards, cf„ Mike Churchman Sr. Vice President Emerson Radio Corp mchurchman(emersonradio. com EMERSON RADIO CORP. 3 UNIVERSITY PLAZA #405 HACKENSACK, NEW JERSEY 07061 973.428.2000 1 WESTERN COMPUTER November 9, 2015 Temecula City Planning Commission Re: Larry Metz To Whom It May Concern: I have been asked to provide a letter of reference for a good friend Larry Metz. I have known Larry Metz for approximately 10 years and have found him to be a man of great moral character and honesty. One of Larry's many strengths Is his ability to work with others in problem solving issues between parties. He is a very kind individual who always believes in fairness between people demonstrating great communication skills. He has many friends which is a testament to his success in life and being someone we have great respect for. It has been a pleasure to be associated with Larry Metz. I would highly recommend him as a member of the Temecula City Planning Department. Sincerely, Tom Bardos CEO Western Computer Western Computer 351 Candelaria Road • Oxnard, California 93030 (805) 581-5020 www.westerncomputer.com 11/12/2015 Gmail - City of Temecula Planning Commission Position Available- Closes 11/20/2015 (Larry Metz City of Temecula Planning Commission Position Available - Closes 11/20/2015 DAN VUICICH To: Larry Metz Wed, Nov 11, 2015 at 8:04 PM I have known Larry Metz both personally and professionally for 30 plus years. Two words immediately come to mind -Integrity and perseverance. I have witnessed Larry grow companies against the toughest odds and succeed only to shoulder the burden of others shortcomings. The relationships he has gained in the CE world are legion and very loyal. From computers, peripherals, audio products, furniture and video products Larry has blazed the trail with unique offerings and creative procedures. But far and away where Larry has shined beyond most human capabilities is with his family. He has faced down incredible odds and brought his family through. l know his family very well and all are people you would love to know and would enhance your lives. They arrived at this place only by the love and strength of Larry. Obviously Larry's attributes would make him an excellent commissioner. Dan Vuicich dan.vuicich@milestone.com From: Larry Metz Sent: Friday, November 6, 2015 5:11 PM To: John Spinelli; Mike Churchman; Pete Thorsen; John Gentleman; Steve Padgett; Dan Vuicich; Robert Vassallo; Tom Bardos Subject: Fwd: City of Temecula Planning Commission Position Available - Closes 11/20/2015 (Quoted text hidden] hHnc•/!mail rwvlo mrn/mailh dna i-7Ri 4aandlfe;"fdRviau=rtRaaprrh=irdvvRmam 1 Facirhirgfft..111irxaRsim l= 150t9tfr15.9ft i():irie 1 11/812015 Gmall - RE: ReccanerdeHan kr opening on the Temeala City Planning Commission GI 1 Larry Metz RE: Reccomendation for opening on the Temecula City Planning Commission 1 message Sun, Nov 8, 2015 at 3:01 PM To: "Metz, Larry" To whom it may concern, 1 have known Larry R. Metz for many, many years. We first met In the 5th grade In 1953. We have remained good friends over the years. Larry has always had an excellent rapport with people of all ages. His excellent communication skills allow him to connect with all kinds of people. He is one I can recommend with complete confidence and I know that he will measure up to your expectations. In summary, I highly recommend Lam/ for any position or endeavor that he may seek to pursue. He would be a tremendous asset to any organization Sincerely, Peter R. Thorsen ...__.,.r , ,,,,,ae....,tm.11h rnril :=211Ak=0843115c1448vifw=ot&search=lnbox8tiF15Oe966975363ccOasImI=15Oe965975.963c0c Item No. 7 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: May 8, 2018 SUBJECT: Approve an Agreement for Contractor Services with Digital Mapping, Inc. (DMI) for the Acquisition of Digital Ortho -Imagery and Associated Base Data PREPARED BY: Damion Patrick, Assistant Director of ITSS RECOMMENDATION: That the City Council: 1. Approve a Contractor Services Agreement with Digital Mapping, Inc. (DMI), in an amount not to exceed $95,000, for the Acquisition of Digital Ortho -imagery and Associated Base Data; 2. Authorize the City Manager to approve contract change orders up to 5% of the contract amount or $4,750. BACKGROUND: The Geographic Information Systems (GIS) Division of ITSS provides GIS services to the public and all departments within the City. The GIS Division is tasked with providing GIS data, maps and analysis to staff in order to assist them in making informed decisions and recommendations, and to make GIS layers and map products available to the public. The use of aerial imagery and other layers derived from this imagery is extremely important to achieving those tasks. Though the City purchases off-the-shelf lower resolution aerial imagery more frequently, it has not contracted for the acquisition of high resolution digital ortho-imagery from which topographic contour data are produced, since 2006. Recommended business practice within the GIS industry is to update digital ortho-imagery and associated topographic data every five years. On November 21, 2017, the City issued a competitive solicitation (RFP #17-09) for the acquisition of Digital Ortho -Imagery and Associated Base Data via the City's online bidding system, PlanetBids. Three proponents responded to the solicitation, and Digital Mapping, Inc. (DMI) was selected as the preferred vendor. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July 2012, however, no local vendors proposed. The approval of this Agreement authorizes the acquisition of digital ortho-imagery and associated base data from Digital Mapping Inc. FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2017- 2018 Capital Outlay Budget. ATTACHMENT: Purchase and Install Agreement AGREEMENT FOR CONTRACTOR SERVICES BETWEEN CITY OF TEMECULA AND DIGITAL MAPPING INC. (DMI) Digital Ortho -Imagery and Associated Base Data Acquisition RFP #17-09 THIS AGREEMENT is made and effective as of May 8, 2018, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Digital Mapping Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on May 8, 2018, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 8, 2019, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Contractor shall perform the services and tasks described and set forth in Exhibit A (Scope of Work [Including Map Delineating Extend of Project Components]), attached hereto and incorporated herein as though set forth in full. Contractor shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A (Scope of Work [Including Map Delineating Extend of Project Components]). 3. PERFORMANCE Contractor shall at all times faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Contractor 20% of the total contract amount ($19,000.00) at the beginning of the project billable at contract execution pursuant to payment terms established within this contract Exhibit B (Payment Rates and Schedule). The City will pay the remaining amount of the contract ($76,000.00) following the City's final approval of the deliverables 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 (Payment Rates and Schedule), other than the payment rates and schedule of payment, are null and void. This amount shall not exceed $95,000.00, plus 5% Contingency $4750.00 for the total term of the agreement unless additional payment is approved as provided in this Agreement. b. Contractor 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 . Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services. c. Contractor will submit invoices at the times established within this agreement. Invoices shall be submitted between the first and fifteenth business day of the 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 Contractor's fees, it shall give written notice to Contractor 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, Contractor 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 Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor 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 Contractor 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 Contractor will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or his delegate determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor 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 Contractor 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. Contractor 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. Contractor 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. Contractor 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 Contractor. With respect to computer files containing data generated for the work, Contractor 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. AGREEMENT DOCUMENTS a. This Agreement includes the following Exhibits, which are each by this reference incorporated herein and made a part hereof: 1) Exhibit A Scope of Work (Including Map Delineating Extent of Project Components; and 2) Exhibit B Payment Rates and Schedule b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Contractor's response to the RFP (Contractor's Proposal), this Agreement shall prevail over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the Contractor's response to the RFP. 9. INDEMNIFICATION The Contractor 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 Contractor'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. 10. INSURANCE REQUIREMENTS Contractor 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 Contractor, its agents, representatives, or employees. a. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor 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. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Contractor's profession. b. Minimum Limits of Insurance. Contractor 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) 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 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 Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. 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 Contractor'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 Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Contractor'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 Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 4) The Contractor'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 Contractor 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. Contractor 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 Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES The Contractor 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 Contractor 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 Contractor to comply with this section. 13. RELEASE OF INFORMATION a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, 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 Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, 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 Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. 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. 14. 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: To Contractor: 15. ASSIGNMENT City of Temecula Attn: City Manager 41000 Main Street Temecula, CA 92590 Digital Mapping Inc. Gencaga Aliyazicioglu 21062 Brookhurst Street, Suite 101 Huntington Beach, CA 92646 The Contractor 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, Contractor'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 Contractor. 16. LICENSES At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this 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. 18. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor 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 Contractor or Contractor's sub -contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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 By: Matt Rahn, Mayor ATTEST: Digital Mapping Inc. 21062 Brookhurst St., Ste. 101 Huntington Beach, CA 92646 By: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Liliana A►iyazici gl , President and CEO Gencaga Aliyazicioglu, CFO [Information Only: Delete Prior To Printing] • if this Agreement is $5,000 or less, choose the Purchasing Manager (PM) Digital Mapping Inc. Gencaga Aliyazicioglu, Project Manager 21062 Brookhurst St., Ste. 101 Huntington Beach, CA 92646 (714) 968-5459 (714) 968-2429 gen@admap.com PM Initials: Date: EXHIBIT A Scope of Work (Including Map Delineating Extend of Project Components) EXHIBIT A Scope of Work The Contractor will perform the following tasks and/or produce the following products: Project Management DMI will coordinate with the City's project manager to oversee the schedule and insure that the proper resources to complete the project are provided. The following tasks will include, but will not be limited to: • Produce a detailed Milestone and Deliverable Project Plan • Conduct a Project Kickoff Meeting • Conduct weekly progress meetings (emails!conference calls) Project Preparation DMI shall be responsible for establishing sufficient control to perform the required photogrammetric mapping. Prior to the acquisition of the aerial imagery and the production of the orthoimagery derived products DMI will follow proper protocols for the establishment of proper ground control. This process will include but shall not be limited to the following tasks: • DMI will establish ground control survey locations and create a Ground Control Plan by performing the following: o DMI will review existing control network o DMI will place ground controls and blind controls which will be used to verify accuracy of the CDOP o The placement and the amount of controls will meet the general requirements set forth in the USGS, FGDC, NSSDA and ASPRS specifications o DMI will produce field GPS observations/targeting o DMI will produce final GPS survey coordinates o DMI will perform QA/QC on the ground control survey o DMI will deliver finalized survey report to the City • All surveying that is to be performed shall be conducted under the direction of a land surveyor licensed to practice in and by the State of California • Control surveys shall be completed in accordance with accepted industry practice, and the applicable provisions of the California Land Surveyor's Act • The City will provide the ground control coordinates from the City's previous Digital - Ortho project completed in 2006 • Any labor and materials related to the ground control survey and setting of targets, including research and permits, shall be the responsibility of DMI • Prior to the acquisition of aerial imagery DMI will verify that the DMCIIe230 Sensors settings are set to acquire data • The imagery will be collected at 60% forward and 30% sidelap for complete stereo coverage (increased for urban and mountainous terrain) • DMI will operate DMC Iie230 sensors during optimal atmosphere conditions with prime PDOP condition (less than 3) and satellite network configuration greater than 6 active satellites viewed by both stationary and roving receivers) ▪ DMI will not proceed with any imagery acquisition until consent is received from the City and all requirements prior to acquisition have been met • DMI will prepare a comprehensive flight plan and submit this plan to the City for approval • DMI will be responsible for contacting all appropriate civil and military authorities in the Temecula area to obtain any necessary permits to conduct aerial flights in the area. All operations will be conducted in strict compliance with all local, state and federal laws • DMI will provide the City with a two-week notification of the scheduled imagery flight Data Acquisition During the acquisition of the aerial imagery and the production of the products derived from the orthoimagery DMI shall follow standard protocols for this process including but not limited to the following tasks and or processes: • DMI will collect aerial images for the area as designated by the accompanying map (including a 500 meter buffer)* • All collection of imagery will be in full compliance with the NSSDA, USGS, ASPRS and FGDC standards and specifications • The imagery shall be collected following standard protocols for optimal aerial data capture as it relates to time of year, time of day and atmospheric conditions (cloud cover, air temperatures, precipitation, wind and fog) including following basic rules: o Image capture will not be undertaken when the ground is obscured by snow, haze, frog or dust; when streams are not within their normal banks; or when cloud shadows will appear on more than 4% of the area in any one photograph Capture shall occur within 2 hours before and 2 hours after maximum sun angle, generally between 10:00 am and 2:00 pm local time and when the sun angle is not less than 30 degrees above the horizon. o Images shall not contain objectionable shadows caused by relief or low solar altitude o The flight mission will be designed such that forward lap is 60% and sidelap is 30% in areas of gentle terrain o Crab shall not be in excess of 5 degrees; and , tilt of the camera from verticality at the instant of exposure shall not exceed 3 degrees o Imagery will be captured when atmospheric conditions are such that clear and well defined images of physical features (like buildings, trees, and other ground over) can be obtained o The ground shall be free from snow, standing water (other than natural or man- made water bodies) that obscures vegetation of other features o Imagery will not be acquired during photogrammetric obstruction conditions (like clouds and cloud shadows, fog, rain, snow, smog, smoke, haze or dust) o Data will not be collected in moderate to severe turbulence of cross winds of 20 knots or more • Horizontal positional accuracy of digital orthophotography and planimetric data produced for this project shall meet or exceed the current ASPRS Positional Accuracy Standards for Digital Geospatial Data (V1.0 - Nov. 2014) as shown in the table below: Horizontal Positional Accuracy Requirement Pixel Size Horizontal Accuracy Class (2 x pixel size) RMSEx and RMSEy RMSEr Horizontal Accuracy at 95°A) Confidence Level Orthoimagery Mosaic Seamline Mismatch 1 inch (2.5cm) 2 inches (5cm) s 2 inches (5cm) <_ 1.4 inches (3.5cm) <_2.4 inches (6 1cm) s 2.0 inches (5cm) • Though no specific requirements have been established for mass point or break line density, DMI will insure that the DTM meets the accuracy requirements for the project • The scale of the imagery shall be such so as to meet the resolution and accuracy requirements of the project. The use of airborne GPS and IMU technology to minimize the amount of ground control needed while maintaining the accuracy requirements of the project is encouraged • The flight altitude shall be low enough to allow the identification and extraction of specified planimetric features to meet the positional accuracy standards specified for the project • Should any additional flights, or corrective flights be required to fulfill the defined project requirements and specifications, DMI shall be responsible at no additional cost to the City (any additional flights or re -flights shall follow the original flight lines established at the beginning of the project and shall be captured with the same data capture system) Data Processing Following the acquisition of data, DMI shall proceed by processing the collected data by performing the data processing processes which include but are not limited to the following tasks: • DMI will perform QA/QC on the collected aerial imagery • DMI will process the raw data to create digital images by conducting a post processing process to meet the City's digital imagery quality requirements and digital file format specifications • Following post processing of the raw images, DMI will complete a Fully Assisted Automated Aerial Triangulation (FAAAT) to meet or exceed ASPRS and NSSDA accuracy standards • The FAAAT will be utilized to integrate a positional correctness of the model control to meet the following: o Identification of the project boundary to ensure that the triangulation coverage and processing includes the entire AOI o Verification of accuracy using independent checkpoints o Provision of documentation of QC procedures and the results in the final aerial triangulation report o After analysis of the aerial triangulation results if it is determined to be necessary to meet the project specifications, additional ground control points will be added o Industry standard methods, procedures and software will be utilized to ensure the positional accuracy of the derived points • It will be verified that the control points for the project will be adequate to meet NMAS and ASPRS standards for mapping/imagery/LiDAR projects • DMI will perform aerial triangulation bundle adjustment on the collected aerial imagery • DMI will create a finalized aerial triangulation report • DMI will produce sample images with multiple lookup table (tone balancing) • DMI will process the imagery/ ABGPS/IMU data • DMI will conduct QA/QC aerial triangulation and final orthoimagery products • DMI will provide the City with sample georeferenced images with multiple sample look up tables to review the tone balancing. This will allow the City to select which color process will be utilized for the entire imagery. Once approval has been received from the City, DMI will process the remaining raw imagery with the selected look up table creating the digital images Data Production • DMI will produce orthoimagery at 1 inch and 3 inch per pixel resolution* • DMI will product Digital Orthophotographic project which include the following process and products: o DMI will create/update (the DTM produced by the previous 2006 project) a Digital Terrain Model (DTM) utilizing Imagestation ISAT programs ^ o DMI will ensure the detailed placement of high accuracy 3D mass points and if necessary will collect additional breaklines and mass points o DMI will perform QA/QC on the DTM in its entirety to insure that there are no gaps, overlaps/underlaps, duplicate points, blunders, random errors, systematic errors, or glitches o DMI will do a comparison of the Z -values to the surveyed check points • DMI will produce a Digital Elevation Model (DEM)A • DMI will produce one -foot topographic contours from digital orthoimagery (utilizing new GEMINI — LIDAR data) ^ • DMI will produce building footprint outline polygons from digital orthoimagery ^ • DMI will produce edge of pavement outline polygons from digital orthoimagery ^ • DMI will produce existing sidewalk polygon from digital orthoimagery ^ • DMI will conduct a thorough rectification process which shall involve solution of appropriate photogrammetric equations for each pixel in the output image. Solution of photogrammetric equations shall be at anchor points only, and warping the content of the original image between anchor points (rubber -sheeting) shall not be permitted • Images will have no distortion of ground features by inadequate rectification, including bending/warping of roads/bridges and excessive or mismatched building lean, building/structure warp • Water will not show ice, glare or contrast between tiles across bodies of water • Images will be 100% free of gaps and no missing imagery at area peripheries • There will be no significant scratches, dust lint, compression artifacts, stretching, smearing, blurring, blemishes, noise, building lean, warping or other image anomalies • Rectified image quality to be equal to or better than the original aerial images • DMI will insure that feature edge and tone match are within specified tolerance and consistent image radiometry • DMI will insure that no seam lines or discontinuities are visible • DMI will create polygons using ESRI products for image irregularities • DMI will insure that alignment of street and other linear ground features will be true to the real condition • DMI will check the overall impression of the imagery for color balance • DMI will perform a histogram check for full use of contrast range • DMI will conduct a review for DEM spikes • DMI will conduct a final RMSE check on image positional accuracy • DMI will post process imagery to adjust tonal balance so that individual flight panels show no distinguishable tone or balance inconsistencies • DMI will provide a 2 -year warranty from the final delivery date Pilot Study As part of the delivery of this project, DMI will conduct a pilot project. After ground control has been established, the imagery has been captured, aerotriangulation has been completed, the City requests that DMI provide the results of an agreed upon area of an agreed upon size. This will provide the City the opportunity to evaluate the quality of the aerial capture. The City reserves the right to make changes in the specifications and scope of services in this document based on the results of the pilot project. If changes are required, the City will re -negotiate changes in the contract as required. Once the pilot area is approved by the City, DMI will then begin the digital orthphoto creation for the entire project. Deliverables Deliverables for the project include the following: • DMI will deliver Digital orthoimagery at 1inch and 3 inch per pixel resolution* • DMI will deliver the DTM ^ • DMI will deliver the DEM ^ • DMI will deliver the one -foot topographic contour data derived from digital orthoimagery^ • DMI will deliver building footprint outline polygons from digital orthoimagery ^ • DMI will deliver edge of pavement outline polygons from digital orthoimagery ^ • DMI will deliver an existing sidewalk polygon from digital orthoimagery ^ • DMI will provide project level FGDC-compliant metadata in .XML format for each data set • A photo index of the flight shall be produced and provided to the City in ESRI Shapefile or File Geodatabase Feature Class format. Additionally, at the conclusion of the project DMI shall also provide the City with a Sensor Calibration Report as a deliverable • DMI shall provide the final deliverables in California State Plane Coordinates, Zone VI. The horizontal datum shall be North American Datum (NAD) 1983, vertical datum shall be NAVD 1988. Working units shall be in U.S. feet. Ground control accuracy shall be second order or better • The digital orthophotography shall be delivered as 24 -bit (natural color) .TIF files and a citywide seamless .ECW file with 25:1 (color) compression. Individual orthophoto image files shall match their corresponding tiles in the City's tile layout. The tiles shall be mosaicked so the images appear to be completely seamless when displayed. Radiometric adjustment shall be performed to balance color tones, brightness and contrast of the imagery over the entire project • DMI shall utilize a grid system which is in California State Plane Coordinates, Zone VI. The grid system should be designed for plotting at 1"=100' and tiles are respectively 3000'x 2000'. • DMI will deliver preliminary products to City for review and approval • DMI will provide a radiometrically correct GeoTIFF image to the City for evaluation of the contrast color balance, naming convention, tags and metadata for each of the varying landscapes • The City will review and either approve or request modifications. DMI will make appropriate corrections (if necessary) • DMI will deliver final products • DMI shall be responsible for georeferencing all orthophoto tiles and providing .TFW world header files. The file naming convention will be based on the tile system provided by the City. The deliverables for the project shall be provided on an external hard drive or via secure FTP site. • Receive Final Payment Acceptance Procedures (Deliverables Review) At designated stages of the project the City will perform systematic quality assurance checks of all deliverables. These checks will occur when DMI has completed each of the tasks of the project. If necessary the Contractor will notify the City of any product shortcomings in a timely manner. The City will follow the following protocol for the review of deliverables: • The City will review all deliverables, when submitted by DMI, promptly, distribute to the project team participants, and subsequently contact DMI, as necessary, for clarifications and corrections, or for acceptance. The City will expect that DMI will follow the following protocol as it relates to the submittal of deliverables, corrections to the deliverable products (as necessary) and the final product: • Products that do not meet specifications and/or require correction will be returned DMI. When items have been returned for corrections to DMI, these items will be rectified and returned to the City for review within 30 days. • The reasonable completion of all required corrective actions shall not affect DMI's production schedule. Final Report At completion of the project, DMI shall provide a Final Report document which shall include but not be limited to the following information: • An inventory of Control Points Used for the project • A log of flight dates and times when data was captured • The specific equipment used in the data capture • A map of the flight lines used for the project • A statement indicating the flight height that the data was captured at • A statement regarding whether the project complied with all standard tolerances *Area of aerial acquisition that includes a 92 square mile area, delineated by the associated attached map ^Area where additional products will be produced delineated by the associated attached map (defined as the city boundary of the City of Temecula) Deliverables of the above "Schedule of Performance (Tasks to be Performed)" shall be pursuant to a schedule provided by the contractor and agreed upon with the City. Map of Project Area Delineating the Extend of the Project Components (Incorporated as part of Exhibit A) /1101110 EXHIBITS "A" & "B" Supporting Map SAN 1y 21111.• City orTemecuLL Wa now ArielYn.pny Ootindary EXHIBIT B Payment Rates and Schedule Product Cost Digital Imagery 1" Ground Pixel Resolution $ 34,500.00 * Digital Imagery 3" Ground Pixel Resolution No Cost to the City Digital Elevation Model (DEM) $ 4,750.00 " Digital Terrain Model (DTM) $ 5,750.00 " Topographic Contours at 1 -Foot Intervals (New GEMINI — LIDAR data for Accuracy) $ 27,750.00 " Building Outline Data (polygon) $ 8,750.00 " Edge of Pavement Outlines (polygon) $ 7,750.00 " Existing Sidewalk Outlines (polygon) $ 5,750.00 " Total Cost $ 95,000.00 *Aerial imagery to be produced for the 92 square mile area delineated by associated the attached map. AProducts to be produced for the area defined as the city boundary of the City of Temecula delineated by the associated attached map. The City will pay the contractor 20% of the total contract ($ 19,000) at the beginning of the project billable at contract execution. The balance of the contract ($76,000) is billable following the City's final acceptance of the contractor's final delivery. Item No. 8 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Michael Heslin, Director of Information Technology and Support Services DATE: May 8, 2018 SUBJECT: Approve a Purchase and Installation Agreement with Western Audio Visual for the Replacement of Audiovisual Equipment in the Temecula City Council Chambers and Conference Center PREPARED BY: Damion Patrick, Assistant Director of ITSS RECOMMENDATION: That the City Council: 1. Approve a Purchase and Installation Agreement with Western Audio Visual, in an amount not to exceed $179,787, for Audiovisual Equipment in the Temecula City Council Chambers and Conference Center; 2. Authorize the City Manager to approve contract change orders up to 7% of the contract amount or $12,586. BACKGROUND: The Temecula Civic Center houses a City Council Chambers and Conference Center that are each used for public and private events. The Council Chambers houses a significant amount of audiovisual equipment sufficient to support broadcasting, live streaming, and recording of meetings. It also allows for projection of presentations from various locations within the room, including anywhere on the dais, the speaker podium, or the AV room. The Conference Center houses audiovisual equipment sufficient to hold conference -style presentations, trainings, and various meetings. The systems in these rooms were installed in 2010 and have aged beyond their useful life. On February 16, 2018, the City issued a competitive solicitation for the purchase and installation of replacement equipment via the City's online bidding system, PlanetBids. The solicitation did include the Local Vendor Preference Ordinance language as adopted in July 2012, however, no local vendors proposed. Western Audio Visual (WAV) was selected as the preferred vendor and has previously contracted with the City for audiovisual services at the Library and Civic Center. The approval of this Agreement authorizes the purchase and installation of equipment to modernize the audiovisual system in the Temecula City Council Chambers and Conference Center. FISCAL IMPACT: Adequate funds have been budgeted in the Fiscal Year 2017- 2018 Public, Educational, and Government Access Channels (PEG) budget and the Fiscal Year 2017-2018 Capital Outlay budget. ATTACHMENT: Purchase and Installation Agreement PURCHASE AND INSTALLATION AGREEMENT BETWEEN CITY OF TEMECULA AND WESTERN AUDIO VISUAL COUNCIL CHAMBERS AND CONFERENCE CENTER AUDIOVISUAL UPGRADE THIS AGREEMENT is made and effective as of May 8, 2018, between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Western Audio Visual, a Corporation (hereinafter referred to as "Contractor'). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on May 8, 2018, and shall remain and continue in effect until tasks described herein are completed, but in no event later than May 7, 2019, unless sooner terminated pursuant to the provisions of this Agreement. The City may, upon mutual agreement, extend the contract for one (1) additional one (1) year term. In no event shall the contract be extended beyond May 7, 2020. 2. PURCHASE AND SALE OF EQUIPMENT On and subject to the terms and conditions set forth in this Agreement and the Agreement Documents, Contractor agrees to manufacture, sell and install for the City, audiovisual equipment, as more particularly described in Exhibit A, Description of Equipment and or Scope of Work, attached hereto and incorporated herein as though set forth in full (hereafter "Equipment"). 3. PURCHASE / INSTALLATION PRICE The Purchase Price, which City agrees to pay to Contractor for the equipment, is One Hundred Seventy -Nine Thousand, Seven Hundred Eighty -Seven Dollars ($179,787). The Purchase Price is final and inclusive of all charges. The City will pay Contractor a twenty percent (20%) deposit of thirty-five thousand, nine hundred fifty eight dollars ($35,958) upon contract execution, and then make monthly progress payments based on equipment received and work performed. The final ten percent (10%) or seventeen thousand, nine hundred seventy-nine dollars ($17,979) will be held by the City until all items in the scope of work have been completed. A breakdown of all costs is detailed in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein. The City Manager may approve additional work up to seven percent (7%) of the amount of the Agreement as approved by City Council_ Any additional work in excess of this amount shall be approved by the City Council. 4. SCOPE OF WORK Contractor shall manufacture or purchase and install the equipment as described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Description of Equipment and/or Scope of Work"). Contractor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all utility and transportation services required for the Work. All of said Work to be performed and materials to be furnished for the Work shall be in strict accordance with the specifications set forth in the Scope of Work. The Work shall be completed within the time 03/27/2018 set forth in the Scope of Work. Contractor shall not commence the Work until such time as directed by the City. The Contractor will also provide warranty service, the terms of which are described in Exhibit C, Extended Warranty, attached hereto and incorporated herein. 5. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Agreement from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or sub -contractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Agreement, by him or by any subcontractor under him, in violation of the provisions of the Agreement. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 6. REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS Registration with the Department of Industrial Relations (DIR) is mandatory as a condition for bidding, providing certain services, and working on a public works project as specified in Labor Code Section 1771.1(a). Contractor and any subcontractors must be registered with the Department of Industrial Relations to be qualified to bid, or provide a proposal and/or time and material quote or be listed in a bid, proposal or quote, subject to the requirements of Public Contract Code Section 4104; or engage in the performance of any contract that is subject to Labor Code Section 1720 et seq., unless currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor and subcontractors will be required to provide proof of registration with the DIR. For more information regarding registration with the Department of Industrial Relations, refer to http://www.dir.ca.gov/Public-Works/PublicWorks.html 7. REPRESENTATIONS AND WARRANTIES OF VENDOR Contractor makes the following representations and warranties to City: a. Authority and Consents. Contractor 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 Contractor's execution, delivery, installation and performance of this Agreement, except for such as have been obtained on or prior to the date hereof. The execution, delivery, installation and performance of this Agreement by Contractor have been duly authorized by all necessary action on the part of Contractor and constitute the legal, valid and binding obligations of Contractor, enforceable against Contractor in accordance with their respective terms. b. Title and Operating Condition. Contractor has good and marketable title to all of the Equipment manufactured and installed. All of the Equipment are free and clear of any restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, 2 03/27/2018 claims, covenants, conditions and restrictions except for such as may be created or granted by City. All of the Equipment are in good operating condition, are free of any defects, and are in conformity with the specifications, descriptions, representations and warranties set forth in the Agreement Documents. Contractor is aware the City is purchasing the Equipment for use as audiovisual equipment in the City Council Chambers and Conference Center and that City is relying on Contractor's warranties that the Equipment is fit for this purpose and the ordinary purposes for which the Equipment is normally used. c. Full Disclosure. None of the representations and warranties made by Contractor in this Agreement contains or will contain any untrue statement of a material fact, or omits to state a material fact necessary to make the statements made, in Tight of the circumstances under which they were made, not misleading. 8. PERFORMANCE Contractor shall at all time faithfully, competently and to the best of his or her ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement. 9. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed subject to the approval of the City or its authorized representatives, and the quality of the workmanship shall be guaranteed for one year from date of acceptance. City shall inspect the Equipment at the time and place of delivery. Such inspection may include reasonable tests and use of the Equipment by City. If, in the determination of City, the Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify Contractor within ten (10) days of delivery of the Equipment to City. Failing such notice, the Equipment shall be deemed accepted by City as of the date of receipt. 10. TIME OF DELIVERY The date and time of delivery of the Equipment shall be on or before August 1, 2018. 11. PLACE OF DELIVERY The Equipment shall be delivered to this location: Temecula City Hall 41000 Main Street Temecula, CA 92590 12. REJECTION In the event of such notice of non -conformity by City pursuant to the section entitled "City Approval" City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the Equipment and reject the remainder or the Installation. 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 3 03/27/2018 reasonable instructions of Contractor and, in the event that expenses are incurred by City in following such instructions, Contractor shall indemnify City in full for such expenses. 13. NO REPLACEMENT OF CURE This Agreement calls for strict compliance. Contractor expressly agrees that both the Equipment and Installation 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 Equipment or any part thereof pursuant to the Section entitled "Rejection" 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 Contractor. 14. INDEMNIFICATION The Contractor 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 Contractor'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. 15. AGREEMENT DOCUMENTS a. This Agreement includes the following documents, which are by this reference incorporated herein and made a part hereof: Equipment Description and/or Scope of Work attached hereto as Exhibit A, Payment Rates and Schedule attached hereto as Exhibit B, and Extended Warranty, attached hereto as Exhibit C. b. In the event any term or condition of the Agreement Documents conflicts with or is contradictory to any term or condition of the Agreement, the terms and conditions of this Agreement are controlling. c. In the event of a conflict in terms between this Agreement, the Request for Proposal (RFP) and/or the Contractor's response to the RFP, this Agreement shall prevail over the RFP and the Contractor's response to the RFP, and the RFP shall prevail over the Contractor's response to the RFP. 16. DEFAULT OF CONTRACTOR a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event the Contractor is in default for cause under the terms of this Agreement, the City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. 4 03/27/2018 b. If the City Manager or his delegate determines the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall service the Contractor with written notice of the default. The Contractor 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 the Contractor 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. 17. INSURANCE REQUIREMENTS Contractor 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 Contractor, its agents, representatives, or employees. a. broad as: 00 01 11 85 or 88. Minimum Scope of Insurance. Coverage shall be at least as 1) Insurance Services Office Commercial General Liability form No. CG 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor 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 Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Contractor shall maintain limits no Tess than: 1) General Liability: One million ($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 ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, 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 5 03/27/2018 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 Redevelopment Agency of the City of Temecula, 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the 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 Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Contractor'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 Contractor 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. Contractor 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 Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 18. SURVIVAL OF REPRESENTATIONS AND WARRANATIES All representations, warranties, covenants and agreements of the parties contained in this Agreement shall survive the execution, delivery, installation and performance of this Agreement. 19. LEGAL RESPONSIBILITIES The Contractor 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 Contractor 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 Contractor to comply with this section. 6 03/27/2018 20. PROHIBITED INTEREST No officer, or employee of the City of Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub -contractors for this project, during his/her tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub -contractors on this project. Contractor 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. 21. INDEPENDENT CONTRACTOR a. Contractor 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 Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor 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. Contractor 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 Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder. 22. ASSIGNMENT The Contractor 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, Contractor'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 Contractor. 23. 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 7 03/27/2018 To Consultant: 24. GOVERNING LAW Western Audio Visual Steve M. Hollingsworth 1592 Batavia St. Suite 2, Orange, CA 92867 The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this 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. 25. 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. 26. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor 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. 8 03/27/2018 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA By: Matt Rahn, Mayor ATTEST: Western Audio Visual (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: By: Randi Johl, City Clerk APPROVED AS TO FORM: By: 6...x1 _�•• Catherine Schellin, President Peter M. Thorson, City Attorney CONTRACTOR Western Audio Visual Steve M. Hollingsworth 1592 Batavia St, Suite 2, Orange, CA 92867 X14)637-7272 (714)637-7330 haileys@wav1.com 9 PM Initials: Date: 03/27/2018 EXHIBIT A DESCRIPTION OF EQUIPMENT AND/OR SCOPE OF WORK The objective of this project is to modernize the audiovisual systems in the City Council Chamber and Conference Center by replacing existing equipment and adding new equipment and functionality. In particular, a key element of the project is to upgrade to all digital video equipment in the City Council Chamber. The project includes; the removal of existing audiovisual equipment, the installation of new equipment and cabling, programming of control systems, configuration and programming of digital signal processing systems, testing and recalibration of the installed systems, and maintenance and support of the updated systems. The solution must meet the following Minimum, Functional, and Technical requirements and must be capable of expansion to meet future City needs. The Contractor shall provide warranty, installation, and subscription services for ALL equipment described in Section G below. A. The solution must include Professional Services providing complete implementation and migration for all items in Section G below, ensuring new install complies with industry best practices. B. All items purchased must be NEW equipment. C. No Substitutions: The City requires the brand name as specified in the Pricing Sheet and will not allow substitute products unless approved by the City. D. Functional Requirements 1. Provide direct connections to individual pieces of equipment. 11. Programmed audiovisual control systems must provide simple user interfaces for room users. 111. The Contractor shall supply documentation for the operation of all equipment. E. Warranty 1. Provide maintenance and warranty for parts and services for five (5) years. F. Implementation, Installation, and Migration Services 1. The Contractor shall supply and install a turnkey audiovisual system to include all equipment, materials, cabling and mounting hardware. 11. The project staff responsible for setup, configuration, and programming of the system(s) must posess applicable certifications from the vendor (i.e. Crestron, BiAmp, Christie, etc.) 111. The Contractor shall remove and dispose of all unused equipment from rooms. G. Equipment List Item Manufacturer Model Description Qty DISPLAY SYSTEM 1. Christie Digital 140-017109-02 D13HD-HS Black 1 -DLP, Solid State, HD 1920x1080, 120001m, 93.7 lbs 1 2. Christie Digital 140-101103-01 Lens 0.95-1.22 Zoom G/GS 1 3. RP Visuals Custom New Projector Cradle Assembly for Existing RPS System 1 10 03/27/2018 03/27/2018 * Proponents must use RP Visuals to modify the existing Rear Projection Structure for the new projector Please contact them for a quote for this upgrade SWITCHING & DISTRIBUTION SYSTEM 4. Crestron DM-MD16X16 16 x 16 DigitalMedia'M Switcher 1 5. Crestron DMC-4K-C- HDCP2 HDBaseT® Certified 4K DigitalMedia 8G+® Input Card 6 6. Crestron DMC-SDI SDI Input Card (Production Feed, Document Camera) 2 7. Crestron DMC-4K-HD- HDCP2 4K HDMI® Input Card (Brio, AV Room PC. Voting Server, DVD Player, Data Video Decoder, 2 Spare) 7 8. Crestron DMC-4K-CO-HDO 2-Channel HDBaseT® Certified 4K DigitalMedia 8G+® Output Card (All Scalers and Tech. Touchscreen) 4 9. Crestron DMC-HDO 2-Channel HDMI® Output Card (Scaler 1 to Broadcast, Scaler 2 to Broadcast, Scaler 3 to Broadcast, PRGM. Audio. 2 S.are 3 10. Crestron DM-TX-4K-302-C 4K DigitalMedia 8G+® Transmitter 302 (Lectern) 1 11. Crestron DM-TX-4K-100-C- 1G-B-T Wall Plate 4K DigitalMedia 8G+® Transmitter 100, Black Textured (5 Dais Locations) 5 12. Crestron DM-RMC-4K- SCALER-C 4K DigitalMedia 8G+® Receiver & Room Controller w/Scaler (Projector, Dais 1, Dais 2, Dais 3, Lobby, Civic Aux. Room, Herita.e CR 7 13. Crestron HD-DA8-4K-E 1-to-8 4K HDMI® Distribution Amplifier 3 14. Crestron HD-MD4X1-4K-E 4x1 4K HDMI® Switcher (19 for Monitor Switching Between Program Feed and Local PC, 4 for Input Sub- switchin at Dais 23 15. Crestron HD-MD6X2-4K-E 6x2 4K HDMI® Switcher (Main Dais Sub-Switching) 1 16. Extron 60-1304-01 DSC HD-3G A HDMI to 3G-SDI Scaler (HDMI to HD-SDI for Broadcast) 3 17 Hongta N/A HDMI to Component Converter (Civic Aux.) or Equivalent 1 18. Any N/A HDMI Input Plates for Dais Inputs (Single gang plates with HDMI pass-through connections) 19 - CONTROL SYSTEM 19. Crestron PRO3 3-Series Control System® 1 20. Crestron TS-1542-TILT-C- B-S 15.6" HD Touch Screen w/DM 8G+® Input, Tabletop Tilt, Black Smooth (Tech Touchscreen) 1 21. Crestron TSW-1060-B-S 10.1" Touch Screen, Black Smooth (Clerk Position) 1 22. Crestron TSW-1060-TTK- B-S Tabletop Kit for TSW-1060, Black Smooth 1 _. AUDIO SYSTEM 03/27/2018 23. BiAmp Tesira SERVER- 10 AVB Tesira DSP server with up to 48 channels of I/O, 1 AVB -1 network card and 1 DSP -2 card 1 24. BiAmp Tesira SIC -4 Tesira 4 channel mic/line input card 5 25. BiAmp Tesira SOC -4 TesiraFORTE— AVB CI Tesira 4 channel mic/line output card TesiraFORTE DSP fixed I/O server with 12 analog inputs, 8 analog outputs, 8 channels configurable USB audio, 128 x 128 channels of AVB, and Acoustic Echo Cancellation (AEC) technology (all 12 inputs) Tesira PoE logic expander with 16 logic GPIO 6 1 4 26. BiAmp 27. BiAmp Tesira EX -LOGIC 28. BiAmp NG GS724T AVB V4 Netgear®24-port Gigabit Smart Switch with AVB software loaded, 2 SFP GBIC fiber slots. and rack mount kit – V4 (Control Room) 1 29. Netgear JGS524 ProSAFE 24 -Port Gigabit Rackmount Switch 10/100/1000 Mbps (Dais) 1 30. Clock Audio TS -001 Capacitive Touch Mute Switch 19 31. TRC GE30112-P1J 12 volt Power Supply 3 32. TRC N/A AC Plug: North American 3 33. Crown CT 875 8 -Channel Power Amplifier 3 34. Shure MX418/C Cardioid -18" Gooseneck Condenser Microphone, Attached Preamp with XLR, Shock Mount, Flange Mount, Snap -Fit Foam Windscreen 20 35. Shure MXWAPT8=-Z10 8 -CH ACCESS POINT TRANSCEIVER 1 36. Shure MXWNCS8 8 -CH NETWORKED CHARGING STATION 1 37. Shure MXW2/SM58 Handheld Transmitter with SM58® Microphone (Includes one SB902 Battery) 2 38 Shure MXW1/0=-Z10 Bodypack Transmitter with Integrated Omnidirectional Microphone and 4 -Pin Mini Connector (TA4M) (Includes one SB901 Battery) 1 1 39. Shure WL185 Microflex® Cardioid Lavalier Microphone 40. Denon DN -700R Network SD and USB Recorder 1 CONFERENCE CENTER 41 Draper New Fabric, Roller, and Motor for Existing Screen Housing 2 42. Christie Digital 140-031105-01 DWU850-GS White 1 -DLP, Solid State WUXGA 1920X1200, 80001m, 50.0Ibs. - BoldColor 2 43. Christie Digital 140-102104-01 Lens 1.52-2.89 Zoom G/GS 2 44. Premier PDS -PLUS -W Low -Profile Universal Projector Mount 2 12 03/27/2018 MISCELLANEOUS 45. Miscellaneous Miscellaneous Materials, Cabling and Connectors 46. Miscellaneous Annual Maintenance/Warranty for 5 years 13 03/27/2018 EXHIBIT B PAYMENT RATES AND SCHEDULE The City will pay Contractor a twenty percent (20%) deposit of thirty-five thousand, nine hundred fifty eight dollars ($35,958) upon contract execution, and make monthly progress payments based on equipment received and work performed. The final ten percent (10%) or seventeen thousand, nine hundred seventy-nine dollars ($17,979) will be held by the City until all items in the scope of work have been completed. All project costs are detailed in the quote below. [ATTACH EXHIBIT B - PAYMENT RATES AND SCHEDULE HERE] 14 03/27/2018 Item ( Manufacturer 1 Model 1 Description Qty Unit Price (Extended Price DISPLAY SYSTEM c to 140-017109-02 0131 -D -HS Black 1 -DLP Solid State. HD 1920x1080. 120001m 93 7 lbs Christie Digital 140-101103.01 Lens 0 95-1 22 Zoom GrGS 3. • RP Visuals Custom New Projector Cradle Assembly for Existing RPS System • Praro,ents must use RP d.sua, :0 Maddy Ino ex.sinq Rear Pro;echpn SIructuf0 10' Inc new prepuce Pleese contact ehm for a quote for eve ...mate $ 19,995 00 $ 19,995.00 5 1.619.00 $ 1.019.00 S 2,620.00 $ 2,620.00 SWITCHING & DISTRIBU77ON SYSTEM 4 Crestron DM-M016X16 16 x 16 DigitalMediav" Swifche( 1 $ 3,974.00 $ 3.974.00 5 Crestron DMC-4K-C-HDCP2 HDBaseT® Certified 4K DigitalMedia 8G+® Input Card 6 $ 509.00 S 3,054.00 6 Crestron DMC -SDI SDI Input Card (Production Feed, Document Camera) 2 S 555.00 $ 1,110.00 7 Crestron DMC-4K-HD-HDCP2 4K HDMie Input Card (Brio. AV Room PC, Voting Server, DVD Player, 7 Data Video Decoder, 2 Spare) 5 370.00 S 2,590.00 8 Crestron DMC-4K-CO-HDO 2 -Charnel HD8aseTe Certified 4K DigltalMedia 8G+® Output Card (All 4 Scalers and Tech. Touchscreen) 801.00 $ 2,404.00 9 Crestron OMC-HDO 2 -Channel HDMIe Output Card (Scaler 1 to Broadcast, Scaler 2 to 3 Broadcast, Scaler 3 to Broadcast, PRGM. Audio, 2 Spare) $ 324.00 $ 972.00 10. Crestron DM -TX -4K -302-C 4K DigitalMedia 8G+® Transmitter 302 (Lectem) _ $ 924.00 S 924.00 Crestron DM -TX -4K -100 -C -1G -B -T Wall Plate 4K DlgitaiMedia 8G+® Transmitter 100. Black Textured 15 Dais 5 Locations) S 324.00 5 1,620.00 12 Crestron DM -RMC -4K -SCALER -C 41( DigitalMedia 8G+® Receiver & Room Controller w/Scaler (Projector. 7 Dais 1, Dais 2, Dais 3, Lobby, Civic Aux Room, Heritage CR) $ 832.00 $ 5,824.00 13 Crestron HD-DA8.4K-E 1 -to -8 4K HDMI® Distribution Amplifier 3 462.00 $ 1,386.00 14 Crestron HD-MD4X1-4K-E 4x1 4K HDMI® Switcher (19 for Monitor Switching Between Program Feed 23 and Local PC, 4 for Input Sub -switching at Dais) S 324.00 S 7,452.00 15 Crestron HD-MD6X2-4K-E 6x2 4K HDMI®Switcher (Main Dais Sub -Switching) 1 509.00 S 509.00 16 Extron 60-1304-01 DSC HD -3G A HDMI to 3G -SDI Scaler (HDMI to HD -SDI for Broadcast) 3 S. 940.00 $ 2,820.00 17 Hongta N'A HDMI to Component Converter (Civic Aux.) or Equivalent $ 49.00 S 49.00 18 Any N/A HDMI Input Plates for Dais Inputs (Single gang plates with HDMI pass- 19 through connections) $ 27.00 $ 513.00 CONTROL SYSTEM 19 Crestron 20. Crestron 21 Crestron 22 Crestron PRO3 3 -Series Control Systeme TS•1542-TILT-C-B-S 15.6' HD Touch Screen w/DM 8G+® Input Tabletop Tilt. Black Smooth (Tech Touchscreen) TSW-1060-B-S 10.1" Touch Screen, Black Smooth (Clerk Position) TSW-1060-TTK-B-S Tabletop Kit for TSW-1060, Black Smooth 9 2.449.00 $ 2,449.00 S 2,680.00 S 2,680.00 S 1,109.00 $ 1,109.00 5 116.00 $ 116.00 AUDIO SYSTEM 23 BiAmp Tesira SERVER -10 AVB Tesira DSP server with up to 48 channels or u0 1 AVB -1 network card 1 and 1 DSP -2 card $ 3,705.00 S 3,705.00 24 BiAmp Tesira SIC -4 Tesira 4 channel mic/tine input card 5 $ 179.00 S 895.00 25 BiAmp Tesira SOC -4 Tesira 4 channel miciline output card 6 $ 158.00 , $ 948.00 26 BiAmp TesiraFORTE AVB Cl TesiraFORTE DSP lured I/0 server with 12 analog Inputs. 8 analog 1 outputs 8 channels configurable USB audio, 128 x 128 channels of AVB, and Acoustic Echo Cancellation (AEC) technology (all 12 inputs) $ 1,864.00 $ 1.864.00 27 BiAmp Tesira EX -LOGIC Tesira PoE logic expander with 16 logic GPIO 4 28 BiAmp 29 Netgear $ 317.00 $ 1,268.00 NG GS724T AVB V4 Netgeare24-port Gigabit Smart Switch with AVB software loaded 2 SFP 1 GBIC fiber slots, and rack mount kit - V4 (Control Room) $ 734.00 $ 734.00 JGS524 ProSAFE 24 -Port Gigabit Rackmount Switch 10/10011000 Mbps (Dais) 1 30 Clock Audio TS -001 Capacitive Touch Mute Switch 19 31 TRC GE30112-P1J 12 volt Power Supply • 32. TRC N/A AC Plug: North American 3 33 Crown CT 875 8 -Channel Power Amplifier 3 34 Shure MX418/C Cardioid -18" Gooseneck Condenser Microphone. Attached Preamp with 20 XLR, Shock Mount, Flange Mount, Snap -Fit Foam Windscreen Page 1 S 142.00 S 142.00 $ 120.00 S 2,280.00 $ 16.00 $ 48.00 5 1 00 5 3.00 $ 875.00 $ 2.625.00 $ _`_ 157.00f__ 3,140.00 35 Shure MXWAPT8=-Z10 8 -CH ACCESS POINT TRANSCEIVER $ 2,227 00 $ 2,227.00 36 Shure MXWNCS8 8 -CH NETWORKED CHARGING STATION 1 $ 1,161.00 $ 1,161.00 37 Shure MXW2/SM58 Handheld Transmitter with SM586/ Microphone (Includes one SB902 2 Battery) $ MOO _,_S 750.00 38 Shure MXW1/O=-Z10 Bodypack Transmitter with Integrated Omnidirectional Microphone and 4- 1 Pin Mini Connector (TA4M; (Includes one SB901 Battery) f 906.00 , $ 365.00 39. ShureWL185 Microflex®Cardloid Lavalier Microphone 1 40. Denon iDN-700R Network SD and USB Recorder 1 MOO $ 79.00 --AILCONFERENCE CENTER 41 Draper 42 Christie Digital 140-031105-01 43 Christie Digital 140-102104-01 44. Premier PDS -PLUS -W New Fabric. Rosier and Motor for Existing Screen Housing DWU850-GS White 1 -DLP, Solid State WUXGA 1920X1200, 80001m, 50.0Ibs. - BoldColor Lens 1.52-2.89 Zoom G/GS Low -Profile Universal Projector Mount 45 Miscellaneous MISCELLANEOUS Miscellaneous Materials, Cabling and Connectors SublOtal Sales Tax (B.75) CA Electronic Waste Reading Fee 2 2 2 629.00 $ 629.00 $ 3.186.00 $ $ 7.410.00 S f 1,181.00 S S 63.00 S 6,332.00 14,820.00 2,382.00 126.00 2,935.00 1$ ----2,936.00 Delivery Fees Labor Cost (Please Itemize) Annual Maintenance/Warranty Cost for 5 years Total Cost (This is the amount to enter into PlanetBids) Page 2 116,227.00 f 10,173.80 f 7.00 -..1,044.95 $ 43,734.00 f 9.800.00 $ 179,786.75 EXHIBIT C EXTENDED WARRANTY [ATTACH WESTERN AUDIO VISUAL EXTENDED WARRANTY DOCUMENTATION HERE] 15 03/27/2018 WESTERN AUDIO VISUAL Service Plus 1592 N. BATAVIA ST ORANGE, CA 92687 PHONE: (714) 637 7272 FAX: (714) 637-7330 Owner & Contract Holder: City of Temecula 41000 Main Street Temecula, CA 92590 Equipment Location: 41000 Main Street Temecula, CA 92590 On -Site Contact: Jayme Fox Phone: (951) 308-6300 Jayme.fox@temeculaca.gov Billing Address: City of Temecula 41000 Main Street Temecula, CA 92590 Contract Premium: Five (5) Year Contract: $9,600.00 Year One: $1,920.00 Year Two: $1,920.00 Year Three: $1,920.00 Year Four. $1,920.00 Year Five: $1,920.00 Effective Date: TBD (Based on Completion of Project) 1 I. COVERAGE Western Audio Visual, upon the receipt and acceptance of YOUR application, will repair or arrange for the repair of YOUR COVERED EQUIPMENT as necessary when such repair is due to a MECHANICAL OR ELECTRONIC BREAKDOWN OR FAILURE during the CONTRACT PERIOD. WAV agreement is subject to the satisfaction of all terms and conditions of this CONTRACT. All repairs and replacements will be with new or remanufactured parts and components as decided by Western Audio Visual. 11. WHAT IS COVERED A. Parts Repair/Replacement: All parts for the COVERED EQUIPMENT are covered by this CONTRACT except as excluded by Article IV of this CONTRACT. B. Labor for Repair: All labor for repairs of COVERED EQUIPMENT is covered under this CONTRACT, except as excluded by Article IV of this CONTRACT. On-site service hours for this CONTRACT are from 8:00 a.m. to 5:00 p.m. PST Monday through Friday. We will provide on-site labor within 12 hours from the time of the original service call. Telephone Support is provided 24/7. Work must begin and end within these on-site service hours or telephone support hours, based on the service being provided. Work, which is performed outside these hours, is billable at $180.00 per hour, door-to-door Monday through Friday and $240.00 per hour Saturday and Sunday. By entering into this CONTRACT YOU agree to allow US to bill for On-site service provided outside On-site service hours and Telephone Support provided outside Telephone support hours at the corresponding rates as shown in this section. WE will request a purchase order or other form of payment guarantee for these billable services. If no payment guarantee is forwarded to US within seven days of OUR request, WE will bit YOU for this work without a payment guarantee and YOU agree to pay forthese services without issuance by YOU of a payment guarantee. C. Transportation of Parts and Equipment: WE will pay fortransportation of COVERED EQUIPMENT from the EQUIPMENT LOCATION to OUR shop for repair. WE will pay transportation of equipment from the EQUIPMENT LOCATION or OUR shop to the manufacturer, if manufacturer repair is required. WE will pay for transportation of parts and components ordered in connection with servicing of the COVERED EQUIPMENT. Transportation will be provided by OUR staff or by commercial carrier. If shipped by commercial carrier, it will be shipped for two-day delivery. Expedited delivery is also available, upon request. If YOU wish to have the parts expedited YOU agree to be billed for the cost difference between the two-day delivery and the expedited delivery. D. Preventive Maintenance: This CONTRACT includes four preventive maintenance calls per year. A preventive maintenance call is defined as a field technician visiting the EQUIPMENT LOCATION to verify proper operation of the COVERED EQUIPMENT, install any factory provided hardware updates, cleaning the heads of tape decks, returning the equipment controls to the predetermined operating levels, converging video projectors for previously established input sources, clean filters and optics of projectors, reloading existing system operating software (if required), and correcting operating conditions that are not within industry standards for operation. If abnormal operating conditions outside industry standards are noted during a preventive maintenance cat and the repair or correction cannot be accomplished during the preventive maintenance call, another repair call will scheduled to correct the noted condition. If abnormal operating conditions outside industry standards are noted during a preventive maintenance call and the repair is not covered by this CONTRACT as noted in Article IV, WE will forward to YOU, either in written form or verbally, a description of the condition and a cost to repair. E. Loaner Equipment: If service provided under this CONTRACT cannot bring certain types of equipment to satisfactory operating condition within four (4) working days, a loaner unit of comparable functionality will be provided at YOUR request. Loaner equipment will be provided for the following categories of equipment: Video projectors, computer interfaces, and videocassette recorders. Loaner equipment will only be provided within the limits of OUR non -allocated inventory. Loaner equipment will be provided at no cost to YOU. Loaner equipment may not be an exact match to your existing equipment and may not be compatible with YOUR mounting systems or integrated remote control systems or other components of the system. This CONTRACT does not provide for services mounting or connecting non -compatible loaner equipment to YOUR COVERED EQUIPMENT Portable systems from OUR inventory shall be considered acceptable substitutes as loaner equipment. CRT based video projectors, LCD based video projectors, DLP based video projectors and LCD light valve video projectors shall be considered interchangeable as loaner equipment. YOU agree to be liable for the repair or replacement cost of the loaner unit due to loss or damage while the loaner equipment is in YOUR possession. III. YOUR OBLIGATIONS DURING THE CONTRACT A. Equipment Maintenance and Alteration: YOU must provide US with unrestricted access to the COVERED EQUI PMENTfor scheduled preventive maintenance visits. YOU may not alter the wiring interconnections of COVERED EQUIPMENT. YOU may not alter or modify the COVERED EQUIPMENT. YOU may not alter, repair or modify the COVERED EQUIPMENT except as expressly directed by OUR service personnel. YOU must operate the equipment as detailed in the user operations manual provided by the manufacturer with the COVERED EQUIPMENT. YOU may not add equipment, components, wiring or other parts tothe COVERED EQU IPMENTwithout written notification to and acceptance by US. B. In the Event of the Failure of a Covered Component: 1. YOU must call us at 866-346-9283 or 714-637-7272. YOU must provide US with the Service Contract Number or the model of the equipment in need of service and the nature of the problem. 2. YOU must give US access to all COVERED EQUIPMENT at a time within the following 24 hours that is mutually agreeable to both YOU and US and is during OUR on-site service hours. If such a time cannot be mutually agreed upon, WE will schedule a service call to YOUR EQUIPMENT LOCATION at the first available time beyond the 24 hour period during the on-site service hours. 3. YOU must allow US complete and unrestricted access to the COVERED EQUIPMENT during OUR service call for a length of time as required to repairthe COVERED EQUIPMENT YOUm ust allocate en ough time with the COVERED E QUIPMENTto troubleshoot, diagnose, and repair the COVERED EQUIPMENT. IV. WHAT IS NOT COVERED A. Parts other than the COVERED EQUIPMENT; projection screens and projection screen control devices; knobs; lamps; bulbs, trim; trim parts; cabinetry: cathode ray tubes (CRT's); ILA optical units, DMD optical units; DLP//LCD optical units; LCD/Plasma screen panels; or batteries. Such parts will be provided to YOU at a 15% discount from OUR published price; B. Failure due to or caused by fire, failure as a result of utility services, failure as a result of poor, unconditioned or fluctuating electrical power, or natural and environmental causes such as earthquake, tornado, lightning, corrosion, flood, or other acts of God; or other causes beyond OUR reasonable control. C. Failure caused by abuse, misuse, or negligence. or previously installed or used equipment which is not in good operating condition:. D. Any actual, consequential or incidental damages incurred or suffered by YOU, directly or indirectly, or for economic loss, including, but not limited to inconvenience, loss of profits, loss of business revenue, loss of time, loss of equipment use, or any other economic loss of any kind whatsoever, even Western has been advised of the possibility thereof; E. Service required to diagnose YOUR complaint, failure or perceived failure if no mechanical or electrical failure was found, or was due to YOUR inability to properly operate the COVERED EQUIPMENT; F. Video projector convergence problems caused by normal electronic fluctuations which occur between scheduled preventive maintenance; G. Control system or other software programming changes to facilitate control functions not available at the commencement of the CONTRACT. H. Failures or faults caused by structural, mechanical, electrical. or plumbing systems or devices not installed by US and not specifically covered under this CONTRACT. I. Inability of the Covered Equipment. due to the manufacturing design of a product or products or the integration of the system, to perform in a manner other than for what it was designed. K. Convergence of video to a multisynchronus display device (i.e., video projector, video monitor, etc.) other than those that were converged for at the start of the CONTRACT. Referto the schedule of converged sources at the end ofthis contract for covered convergences. L. Any condition that existed prior to the start date of this CONTRACT that would have been obvious during a pre -inspection of the Covered Equipment. M. Repairs prohibited by statute, governmental regulation, or any other law. 0. Video conferencing equipment & software warranties & upgrades (Polycom, Tandberg Lifesize, Cisco, etc.) P. Owner furnished equipment V. TRANSFER OF CONTRACT This CONTRACT may not be transferred to any other party without the express written consent of Western Audio Visual and the payment of a transfer fee equal to not less than ten percent (10%) of the premium amount. Western Audio Visual may, at its sole discretion choose to accept the transfer orto terminate the CONTRACT. VI. COMMENCEMENT, EXPIRATION, RENEWAL & CANCELLATION OF CONTRACT A. On or before thirty (30) days following the start date of the CONTRACT: 1. YOU may cancel this CONTRACT and receive refund of the full premium if no benefits have been received or if no service calls or telephone support has been provided to YOU by US. 2. If benefits have been received or if service calls or telephone support has been provided by US, YOU may cancel this CONTRACT for a refund less the cost of the service performed, based on OUR published rate schedule. B. After thirty (30) days following the start date of the CONTRACT, YOU may cancel this CONTRACT. The refund shall be a proration based upon the time expired on the CONTRACT calculated to the start of the month following the notice of cancellation. All cancellations after thirty (30) days are subject to a cancellation fee of ten percent (10%) of the refund amount. To cancel this CONTRACT YOU must submit a notice of cancellation in writing and return the complete CONTRACT to US. WE will then issue a check for the refund amount. C. If the COVERED EQUIPMENT is not new and was not provided, installed or serviced by US, WE reserve the right to inspect the equipment within thirty (30) days of the commencement of this CONTRACT to determine if WE wish to provide the services covered in this CONTRACT. If WE determine that the equipment is not operating correctly,, properly, or requires service to bring the equipment to good operating condition, WE will forward an estimate to YOU regarding the cost of such service. This service is not covered by this CONTRACT If YOU decline to have US perform the work required to bring the COVERED EQUIPMENT up to good operating condition within fourteen (14) days of the date of the estimate, WE may, at OUR sole option, refund the full amount of the premium and cancel this CONTRACT D. WE may cancel this CONTRACT at any time for non-payment of the premium or if YOU do not meet YOUR obligations underArticle 111 If YOU do not meet YOUR obligations under Article III or do not pay the premium within thirty (30) days of OUR invoice. WE have the right to cancel this CONTRACT upon forwarding written notice to YOU In the event of cancellation due to non-payment, YOU agree to be liable for the full cost of services and parts provided to YOU at the rates published in OUR most current rate schedule. In the event that YOU do not meet YOUR obligations under Article III, we will provide a portioned refund based on the time expired on the CONTRACT. E. The CONTRACT shall commence upon the receipt of a purchase order or other acceptable payment guarantee, or on the date identified on the first page of this CONTRACT, whichever is later. No CONTRACT on the COVERED EQUIPMENT work may be performed prior to the commencement of the CONTRACT. F. The CONTRACTshallexpire365daysafterthedateofcommencement. Repairwork on theCOVEREDEQUIPMENTwhich was begun prior to theexpiration of the CONTRACT shall be completed by US. G. This CONTRACTshall not automatically renew. Anew CONTRACTmustbewritten in orderto provide coverage beyond the expiration date ofthis CONTRACT. EitherYOU orWE may decline toenter into a new contract. VII. DEFINITIONS The words listed below have the following meanings in this CONTRACT: Means theequipmentforwhich WE will provide service, as listed on the first page of this CONTRACT CONTRACT Means this Service CONTRACT which specifies, among other things, YOUR Coverage, the CONTRACTPERIOD, the Covered Equipment. YOU, YOURIS, ELECTRONIC OR MECHANICAL FAILURE AND BREAKDOWN Means the inability of a properly maintained and operated piece of COVERED EQ UIPMENT to perform the function(s) for which it was designed, due solely to defects in material or faulty workmanship. Withoutlimitation, Electronic or Mechanical Breakdown and Failure does not include damage due to negligence, caused by accident, or the gradual reduction in performance due to wear and tear CONTRACT PERIOD Means the period which begins on the date shown on page one of this agreement, or the receipt by us of an acceptable payment guarantee and ends on the expiration of the time limitation as set forth in this CONTRACT WE, US, OURS; Means Western Audio Visual This CONTRACT is rot a manufacturer's warranty or an extension of a manufacturer's warranty. This Service CONTRACT may provide duplicate coverage while manufacturer's warranties are in force. This CONTRACT is not an express, implied or general warranty and is not a condition of the purchase of the COVERED EQUIPMENT. Covered Equipment Exhibit A: Equipment List ACCEPTED BY: ACCEPTED FOR Western Audio Visual Signature: Signature: Title: Title:(Steve Hollingsworth) Sales Representative Date: Date: Item No. 9 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick A. Thomas, Director of Public Works / City Engineer DATE: May 8, 2018 SUBJECT: Award a Construction Contract to R.J. Noble Company, for Pavement Rehabilitation Program — Citywide, Rancho California Road (Old Town Front Street to Western City Limits), PW17-26 PREPARED BY: Avlin Odviar, Senior Civil Engineer - CIP Nino Abad, Associate Civil Engineer - CIP RECOMMENDATION: That the City Council: 1. Award a Construction Contract to R.J. Noble Company, in the amount of $1,212,357.50, for Pavement Rehabilitation Program Citywide — Rancho California Road (Old Town Front Street to Western City Limits), PW 17-26; 2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $121,235.75, which is equal to 10% of the Contract amount; 3. Make a finding that the Pavement Rehabilitation Program Citywide — Rancho California Road (Old Town Front Street to Western City Limits) project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. BACKGROUND: Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi -modal transportation funding shortfalls statewide. At the August 16-17, 2017 meeting, the California Transportation Commission (CTC) approved the Annual Reporting Guidelines for The Road Repair and Accountability Act of 2017. The City of Temecula is set to receive an estimated amount of $633,191 in Fiscal Year 2017-18 for Local Streets and Roads from the Road Maintenance and Rehabilitation Account (RMRA) funded by SB 1. In order to utilize SB 1 funds, the CTC required that a list of projects be submitted before October 16, 2017. Section IV of the Annual Reporting Guidelines for The Road Repair and Accountability Act of 2017, Project List Submittal, indicates that the list of project must be included in the adopted CIP Budget. In addition, the list of projects must include a description of each proposed project, the specific street name, the project termini, the proposed schedule for completion, and the estimated useful life for each proposed project. On June 13, 2017, the City Council adopted the Capital Improvement Program (CIP) Budget for FY 2018-22 that included the Pavement Rehabilitation Program — Citywide project. In order to meet the CTC requirements and comply with corresponding deadlines for SB1 funding, the City Council adopted a resolution amending the CIP Budget for FY 2018-22 at the September 26, 2017 Meeting. The budget amendment revised the Pavement Management Program — Citywide project to include the required list of streets for SB1 RMRA funding. The budget amendment included the rehabilitation of the segment of Rancho California Road from Old Town Front Street to the Western City Limits and designated the previously estimated $616,222 RMRA funding to the project for FY 2017-18 along with Gas Tax and Measure A for the balance of the project budget. Subsequent to the approved budget amendment for this project, the City received an updated SB1 RMRA fund estimate of $633,191 from the State of California. The revised value of SB1 RMRA funds will be reflected in the proposed FY 2019-23 CIP budget. This project will rehabilitate the full width of Rancho California Road from the westerly edge of the bridge deck at Murrieta Creek to the westerly City Limit (approximately 1.1 miles). The existing asphalt pavement will be removed and replaced with a new 6 -inch thick asphalt section, surface drainage facilities will be repaired, pedestrian ramps will be reconstructed to meet current American with Disability Act (ADA) standards, utility facilities will be reset, vehicle detector loops will be replaced, and all striping and pavement markings will be restored. On February 13, 2018, City Council approved the plans and specifications, and authorized staff to solicit construction bids. The construction contract was publicly advertised between March 20 and April 19, 2018. On Thursday, April 19, 2018, four bids were electronically opened and publicly posted on the City's online bidding service, PlanetBids, website. The results were as follows: Staff has reviewed the bid proposals and found R.J. Noble Company, to be the lowest responsive and responsible bidder. R.J. Noble Company has successfully completed similar projects for various public agencies including the City of Temecula. The Engineer's estimate for the project was $1,270,000.00. The Specifications allow for seventy (70) working days for construction, which is three and a half months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. This project, PW17-26, is exempt from MSHCP fees because it is a non -capacity increasing maintenance project. Base Bid 1. R.J. Noble Company $ 1,212,357.50 2. All American Asphalt $ 1,278,970.00 3. Frank and Son $ 1,356,749.29 4 TC Construction $ 1,435,965.00 Staff has reviewed the bid proposals and found R.J. Noble Company, to be the lowest responsive and responsible bidder. R.J. Noble Company has successfully completed similar projects for various public agencies including the City of Temecula. The Engineer's estimate for the project was $1,270,000.00. The Specifications allow for seventy (70) working days for construction, which is three and a half months. The Multiple Species Habitat Conservation Plan (MSHCP) is an element of the Riverside County Integrated Project (RCIP) to conserve open space, nature preserves and wildlife to be set aside in some areas. It is designed to protect over 150 species and conserve over 500,000 acres in Western Riverside County. The City of Temecula is a permittee to the MSHCP and as such is required to abide by the Regional Conservation Authority's (RCA) Fee Remittance and Collection Policy adopted by Resolution 07-04 on September 10, 2007. The RCA is a joint regional authority formed by the County and the Cities to provide primary policy direction for implementation of the MSHCP. Beginning July 1, 2008, the RCA will require that locally funded Capital Improvement Projects contribute applicable MSHCP fees within 90 -days of construction contract award. Fees outside the public right of way are calculated on a cost per acre of disturbed area basis, while fees for typical right of way improvements projects are five percent of construction costs. Projects funded by TUMF or Measure A are exempt from MSHCP fees as those programs contribute directly to the MSHCP. This project, PW17-26, is exempt from MSHCP fees because it is a non -capacity increasing maintenance project. FISCAL IMPACT: The Pavement Rehabilitation Program — Citywide is identified in the City's amended Capital Improvement Program (CIP) budget for Fiscal Years 2018-22 and is funded with Gas Tax, Measure A, and SB1 RMRA funds. The entire amount the City received from SB 1 RMRA fund for FY 2017-18, $633,191, will be designated for the construction of this project for reporting purposes. The rest of the project budget can be covered with either Measure A or Gas Tax. Sufficient funds are available in the project account to cover the construction cost of $1,212,357.50 and the contingency amount of $121,235.75 for a total obligation amount of $1,333,593.25. ATTACHMENTS: 1. Contract 2. FY 2017/18 CIP Budget Project List Sheet as amended on 09/26/2017 3. FY 2017/18 CIP Budget Sheet as amended on 09/26/2017 4. Project Area Map CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS CONTRACT for PAVEMENT REHABILITATION PROGRAM — CITYWIDE RANCHO CALIFORNIA ROAD PROJECT NO. PW17-26 THIS CONTRACT, made and entered into the 8th day of May, 2018 by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", R.J.Noble Company, a California "S" Corporation, hereinafter referred to as "Contractor." WITNESSETH: That City and Contractor, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACT DOCUMENTS The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled PAVEMENT REHABILITATION PROGRAM - CITYWIDE, RANCHO CALIFORNIA ROAD, PROJECT NO. PW17-26, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION PROGRAM - CITYWIDE, RANCHO CALIFORNIA ROAD, PROJECT NO. PW17-26. Copies of these Standard Specifications are available from the publisher: BNi Building News Division of BNi Publications, Inc. 990 Park Center Drive, Suite E Vista, CA 92081 (760) 734-1113 The Standard Specifications will control the general provisions, construction materials, and construction methods for this Contract except as amended by the General Specifications, Special Provisions, and Technical Specifications for PAVEMENT REHABILITATION PROGRAM - CITYWIDE, Rancho California Road, PROJECT NO. PW17-26. In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions. Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise C -t Contract specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract. The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract. 2 SCOPE OF WORK Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: PAVEMENT REHABILITATION PROGRAM - CITYWIDE, RANCHO CALIFORNIA ROAD, PROJECT NO. PW17-26 All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City. 3. CITY APPROVAL All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives. CONTRACT AMOUNT AND SCHEDULE The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: ONE MILLION TWO HUNDRED TWELVE THOUSAND THREE HUNDRED FIFTY SEVEN DOLLARS AND FIFTY CENTS ($1,212,357.50), the total amount of the base bid. Contractor agrees to complete the work in a period not to exceed seventy (70) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City. CHANGE ORDERS All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council. 6 PAYMENTS a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within thirty (30) days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the thirtieth (30th) day of each successive month as the work progresses. Contract The final payment, if unencumbered, or any part thereof unencumbered, shall be made sixty (60) days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City. c. Payment for Work Performed: Payments shall be made on demands drawn in the manner required by law, accompanied by a certificate signed by the City Manager, stating that the work for which payment is demanded has been performed in accordance with the terms of the Contract, and that the amount stated in the certificate is due under the terms of the Contract. Partial payments on the Contract price shall not be considered as an acceptance of any part of the work. d. Payment of Interest: Interest shall be paid on all undisputed payment requests not paid within thirty (30) days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference. LIQUIDATED DAMAGES / EXTENSION OF TIME a. Liquidated Damages: In accordance with Government Code Section 53069.85, Contractor agrees to forfeit and pay to City the sum of $1,000 per day for each calendar day completion is delayed beyond the time allowed pursuant to Paragraph 4 of this Contract. Such sum shall be deducted from any payments due to or to become due to Contractor. b. Extension of Time: Contractor will be granted an extension of time and will not be assessed liquidated damages for unforeseeable delays beyond the control of, and without the fault or negligence of the Contractor, including delays caused by City. Within ten (10) calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within thirty (30) calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City. 8 WAIVER OF CLAIMS On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment. 9. PREVAILING WAGES Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the Director of the Department of Industrial Relations. Copies may be obtained from the California Department of Industrial Relations Internet website at http://www.dir.ca.gov. Contractor shall provide a copy of prevailing wage rates to any staff or subcontractor hired, and shall pay the adopted prevailing wage rates as a minimum. Contractor shall comply with the provisions of Sections 1720, 1720.9, 1725.5, 1771.1(a), 1773.8, 1775, 1776, 1777.5, 1777.6, and 1813 3 Contract of the Labor Code. Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the City, as a penalty, the sum of $200.00 for each calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates for any work done under this Contract, by him or by any subcontractor under him, in violation of the provisions of the Contract. This project, work, or service will be subject to compliance monitoring and enforcement by the Department of Industrial Relations (DIR) pursuant to Labor Code Section 1771.4. 10. TIME OF THE ESSENCE Time is of the essence in this contract. 11. INDEMNIFICATION All work covered by this Contract done at the site of construction or in preparing or delivering materials to the site shall be at the risk of Contractor alone. Contractor agrees to save, indemnify, hold harmless and defend the City of Temecula, Temecula Community Services District, and/or Successor Agency to the Temecula Redevelopment Agency, its officers, employees, and agents, against any and all liability, injuries, or death of persons (Contractor's employees included), and damage to property, arising directly or indirectly out of the obligations herein undertaken or out of the operations conducted by Contractor, save and except claims or litigations arising through the sole active negligence or sole willful misconduct of the City. The Contractor shall indemnify and be responsible for reimbursing the City for any and all costs incurred by the City as a result of Stop Notices filed against the project. The City shall deduct such costs from progress payments or final payments due to the Contractor. 12 GRATUITIES Contractor warrants that neither it nor any of its employees, agents, or representatives has offered or given any gratuities or promises to City's employees, agents, or representatives with a view toward securing this Contract or securing favorable treatment with respect thereto. 13. CONFLICT OF INTEREST Contractor warrants that none of its partners, members or shareholders are related by blood or marriage to any employee of the City who has participated in the development of the specifications or approval of this project or who will administer this project nor are they in any way financially associated with any City officer or employee, or any architect, engineer, or other preparers of the Drawings and Specifications for this project. Contractor further warrants that no person in its employ nor any person with an ownership interest in the Contractor has been employed by the City within one year of the date of the Notice Inviting Bids. 14. CONTRACTOR'S AFFIDAVIT After the completion of the work contemplated by this Contract, Contractor shall file with the City Manager, its affidavit stating that all workmen and persons employed, all firms supplying materials, and all subcontractors upon the Project have been paid in full, and that there are no claims outstanding against the Project for either labor or materials, except certain items, if any, to be set forth in an affidavit covering disputed claims or items in connection with a Stop Notice which has been filed under the provisions of the laws of the State of California. Contract 15 NOTICE TO CITY OF LABOR DISPUTES Whenever the Contractor has knowledge that any actual or potential labor dispute is delaying or threatens to delay the timely performance of the Contract, Contractor shall immediately give notice thereof, including all relevant information with respect thereto, to City. 16. BOOKS AND RECORDS Contractor's books, records, and plans or such part thereof as may be engaged in the performance of this Contract, shall at all reasonable times be subject to inspection and audit by any authorized representative of the City. 17. INSPECTION The work shall be subject to inspection and testing by City and its authorized representatives during manufacture and construction and all other times and places, including without limitation, the plants of Contractor and any of its suppliers. Contractor shall provide all reasonable facilities and assistance for the safety and convenience of inspectors. All inspections and tests shall be performed in such manner as to not unduly delay the work. The work shall be subject to final inspection and acceptance notwithstanding any payments or other prior inspections. Such final inspection shall be made within a reasonable time after completion of the work. 18 DISCRIMINATION Contractor represents that it has not, and agrees that it will not, discriminate in its employment practices on the basis of race, creed, religion, national origin, color, sex, age, or handicap. 19. GOVERNING LAW The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Contract and also govern the interpretation of this Contract. 20 PROHIBITED INTEREST No member, officer, or employee of the City of Temecula or of a local public body who has participated in the development of the specifications or approval of this project or will administer this project shall have any interest, direct or indirect, in the Contract or the proceeds thereof during his/her tenure or for one year thereafter. Furthermore, the Contractor covenants and agrees to their knowledge that no board member, officer or employee of the City of Temecula has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, or in the business of the contracting party other than the City of Temecula, and that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made, in writing, to the other party or parties, even if such interest would not be considered a conflict of interest under Article 4 (commencing with Section 1090) or Article 4.6 (commencing with Section 1220) of Division 4 of Title I of the Government Code of the State of California. 21 ADA REQUIREMENTS. Contract C-5 By signing this Contract, Contractor certifies that the Contractor is in total compliance with the Americans with Disabilities Act of 1990, Public Law 101-336, as amended. 22. WRITTEN NOTICE. Any written notice required to be given in any part of the Contract Documents shall be performed by depositing the same in the U.S. Mail, postage prepaid, directed to the address of the Contractor as set forth in the Contract Documents, and to the City addressed as follows: Mailing and Delivery Address: Patrick A. Thomas, PE Director of Public Works / City Engineer City of Temecula 41000 Main Street Temecula, CA 92590 23 CLAIM DISPUTE RESOLUTION. In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in or of work, but shall proceed with the performance of the work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The disputed work will be categorized as an "unresolved dispute" and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all disputed work, claims and other disputed matters. NI claims arising out of or related to the Contract or this project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq. (Article 1.5), where applicable. This Contract hereby incorporates those provisions as though fully set forth herein. Thus, the Contractor or any Subcontractor must file a claim in accordance with the Govemment Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of "claim" as individually defined therein. C-6 Contract IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written. DATED: DATED: CONTRACTOR: R.J. NOBLE COMPANY 15505 E. Lincoln Ave Orange, CA 92865-6620 714-637-1550 jenniferdeiongh@rjnoblecompany.com By: STEVE MENDOZA Print or type NAME SECRETARY Print or type Tl By: x JAMES N DUCOTE Print or type NAME TREASURER Print or type TITLE (Signatures of two corporate officers required for Corporations) ATTEST: Randi Johl, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney Contract CITY OF TEMECULA By: Matt Rahn, Mayor C-7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 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 ORANGE On 34/2312018 before me, J. DE IONGH, NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared STEVE MENDOZA Name(s) of Signer(s) 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/tier/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 Califomia that the foregoing paragraph is true and correct. J. DE IONGH Commission # 2125014 I Notary Public - California Orange County Comm. Ex fres Oct 28, 2C i9 Place Notary Seal Above WITNESS my hand and official seal. / Signature OPTIONAL Signature -6i Notary Public Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Number of Pages: Signer(s) Other Than Named Above: Document Date: Capacity(les) Claimed by Signer(s) Signer's Name: Corporate Officer — Title(s): E Partner — LT Limited ❑ General E Individual Attorney in Fact C Trustee C Other: Signer Is Representing: Guardian or Conservator Signer's Name: L Corporate Officer — Title(s): Li Partner — _ Limited General ❑ Individual 11 Attorney in Fact Trustee 77 Guardian or Conservator ❑ Other: Signer Is Representing: c,,,,,, ,,,,,,, : ,sx.,;c,+. ,,,,cccn:ccxxxxxrxuc,,,,,,sx,�:�c.,,:cx:<,..xx:cc,,,,:<,, cx:c,,.,c,,,,,c,,,:<x:ctx,,,,,, ,,,,,,s,,,,,,,xxcscx cx:c,u,, ©2014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 .<,,acts.cciaccccr..acccvcdrIcccececcoesaaeoleaeccrincecinccccoccce.ccncecarcr4 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 ORANGE On 04/23/2018 Date personally appeared before me, J. DE IONGH, NOTARY PUBLIC JAMES N. DUCOTE Here Insert Name and Title of the Officer Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the persons whose names)- is/are- subscribed to the within instrument and acknowledged to me that he/stlefthey- executed the same in his/her/t#ieir authorized capacity(ies)-, and that by his/tier/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 Califomia that the foregoing paragraph is true and correct. 4112.414044.4411606.6- 4.4441 J. OE ION: Commission 0 2128504 Notary Public - Calitornia D Orange County Comm. Ex fres Oct 28, 2019 Place Notary Seal Above WITNESS my hand and official seal. Signature OPTIONAL Signatuary Public I. DE IONGH Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: _ Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Titles): C Corporate Officer — Title(s): Partner — Limited I—' General C Partner — ❑ Limited C General Individual ; Attorney in Fact El Individual 11 Attorney in Fact Trustee Guardian or Conservator f T Trustee ❑ Guardian or Conservator Other: H Other: Signer Is Representing: Signer Is Representing: tausc.�cgacu+.cr..c.^u.+.a.�.c.urrc.c.c.�.<xc.�..<.�..<,cc,c..<.c.c.c-�x.cuc.c.czcc.�xxc,�.:t.���L-t.�:tct.Marc.�.c.�.c,'urcit.c�..c.u.�.c.c:c.+.:t.c:�.• 02014 National Notary Association • www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-8827) Item #5907 11 1M N411 of Smeller n CaI,lo nr, w.00r ,n y Capital Improvement Program Fiscal Years 2018-22 PAVEMENT REHABILITATION PROGRAM - CITYWIDE Circulation Project Street and Limits(1) Margarita Road - PW12-11 (Rancho California Road to Temecula Parkway) Residential Slurry Seal - PW17-03 > Rancho California Road (Old Town Front/Jefferson to Western City Limits) > Winchester Road (Nicolas Road to Eastern City Limits) > Ynez Road (Winchester Road to Date Street) > Equity Drive and County Center Drive Loop (Equity from Ynez to County Center and County Center from Ynez to Equity) > Meadowview Loop (Via Norte/ Del Rey) > Rancho Way (Business Park Drive to Diaz Road) > Business Park Drive Loop (Diaz Road to Rancho Califomia Road/Ridge > Rancho Vista Road (Paseo Goleta to Butterfield Stage Road) > Pauba Road (Margarita Road to Via Rami) Anticipated Year of Construction/ Useful Life Funding Source (Years) Appropriation Funding Source Appropriation 20 20 20 20 $1,148,944 $3,176,384 $4,325,328 $2,300,000 $6,625,328 2017-18 $1,200,000 $616,222 $2,323,589 $4,139,811 imm.nrwrsr Park Drive) > Commerce Center Drive/Rider Way (Commerce Center Drive, including Rider Way from Enterprise Circle West to Via Montezuma) > Enterprise Circle West (Winchester Road to Commerce Center Drive) > Rio Nedo Road (Diaz Road to Via Industria) > Avenida Alvarado (Diaz Road to Via Industria) 20 20 20 20 20 20 2018-19 $1,848,557 $1,181,855 $3,030,412 2019-20 $1,910,985 $1,205,227 $3,116,212 2020-21 $1,949,205 $1,228,862 20 $3,178,067 20 2021-22 $1,988,189 $1,252,744 20 $3,240,933 General Fund Measure A Measure S Gas Tax RMRA(2) Measure A RMRA Measure A RMRA Measure A RM RA Measure A RMRA Measure A (1) For Fiscal Year 2017/18 and beyond, the list of streets are subject to change based on the updated Pavement Management Program (2) Gas Tax - Senate Bill one (SB 1) Fiscal Years 2018-22 Capital Improvement Program 78 Woo Country Capital Improvement Program Fiscal Years 2018-22 PAVEMENT REHABILITATION PROGRAM - CITYWIDE Circulation Project Project Description: This project includes the environmental processing, design, construction of pavement rehabilitation, and reconstruction of major streets as recommended in the Pavement Management System. Benefit / Core Value: This project improves pavement conditions so that the transportation needs of the public, business industry, and government can be met. In addition, this project satisfies the City's Core Value of Transportation Mobility and Connectivity. Project Status: A priority list of rehabilitation projects is used to determine the allocation of available funding. Installations are completed on an ongoing basis. Department: Public Works - Account No. 210.165.655 Level: I Project Cost: Prior Years FYE 2017 2017-18 Actual Carryover Adopted 2018-19 Expenditures Budget Appropriation Projected 2019-20 Projected 2020-21 Projected 2021-22 Projected and Future Years Total Project Cost Administration $ 2,138,060 $ 160,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000 $ 3,798,060 Construction $ 13,683,479 $ 5,299,817 $ 3,589,811 $ 2,480,412 $ 2,566,212 $ 2,628,067 $ 2,690,933 $ 32,938,731 Construction $ 12,115,159 $ 3.176,384 $ 2,323,589 $ 1,181,855 $ 1,205,227 $ 1,228,862 $ 1,252,744 $ 22,483,820 Engineering $ 201,180 $ 503,579 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 1,954,759 Design $ 636,110 $ 661,932 $ 4,139,811 $3,030,412 $3,116,212 $3,178,067 $ 3,240,933 $ 1,298,042 Totals $ 16,658,829 $ 6,625.328 $ 4,139,811 $ 3,030.412 $ 3,116,212 $ 3.178,067 $3,240,933 $ 39.989,592 Source of Funds: Prior Years Actual Expenditures FYE 2017 2017-18 Carryover Adopted Budget Appropriation 2018-19 Projected 2019-20 Projected 2020-21 Projected 2021-22 Projected Total Project Cost General Fund Gas Tax $ 4.543.670 $ 1.148,944 $ 1,200,000 $ 5,692,614 $ 1,200,000 RMRA(1) $ 616,222 $ 1,848,557 $ 1,910,985 $ 1,949,205 $ 1,988,189 $ 8,313,158 Measure A $ 12,115,159 $ 3.176,384 $ 2,323,589 $ 1,181,855 $ 1,205,227 $ 1,228,862 $ 1,252,744 $ 22,483,820 Measure S $ 2,300,000 $ 2,300,000 Total Funding: $ 16,658,829 $ 6,625.328 $ 4,139,811 $3,030,412 $3,116,212 $3,178,067 $ 3,240,933 $ 39,989,592 Future Operation & Maintenance Costs: 2017-18 2018-19 2019-20 2020-21 2021-22 (1) Gas Tax - Senate Bill one (SB 1) Fiscal Years 2018-22 Capital Improvement Program 79 SINGLEroTK DR 5,711 ft 269,852 sqft RANCHO CAL-IFORNIA RD 1 .` • • PW17-26 Pavement Rehabilitation Program Citywide - Rancho California Road (Old Town Front Street to Western City Limits) Project Area Map 1"------- `1 '8. GRIND ,a 0 500 1000 F Item No. 10 TO: FROM: DATE: SUBJECT: Approvals ��� City Attorney /''"`7/ Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT City Manager/City Council Patrick A. Thomas, Director of Public Works / City Engineer May 8, 2018 Receive and File Temporary Street Closures for 2018 Summerfest Events PREPARED BY: RECOMMENDATION: action by the City Manager: Ron Moreno, Senior Civil Engineer Steve Charette, Associate Civil Engineer That the City Council receive and file the following proposed Temporarily close certain streets for the following 2018 Summerfest Events: TEMECULA VALLEY SYMPHONY MEMORIAL DAY OBSERVANCE TEMECULA ART & STREET PAINTING FESTIVAL 4T" OF JULY PARADE 4TH OF JULY FIREWORKS SHOW SUNDAYS IN THE SQUARE BACKGROUND: Six special events scheduled for May through August 2018 necessitate the physical closure of all or portions of certain streets within the Old Town area, and also portions of Margarita Road and Pauba Road (i.e., fireworks display). The closures are necessary to facilitate the events and protect participants and viewers. The six events and the associated street closures are as follows: 1) TEMECULA VALLEY SYMPHONY — May 26th The Temecula Valley Symphony is a free concert that will be held on the steps of City Hall on May 26th with street closures scheduled as follows: Main Street from the easterly driveway edge of 28636 Old Town Front Street at Rosa's Cantina to Mercedes Street Saturday, May 26th 10:00 a.m. to 10:00 p.m. Mercedes Street between Fourth Street and Third Street Saturday, May 26th 10:00 a.m. to 10:00 p.m. 2) MEMORIAL DAY OBSERVANCE — May 28th The Memorial Day Observance will be held on May 28th at the Town Square with street closures scheduled as follows: Main Street from the easterly driveway edge of 28636 Old Town Front Street at Rosa's Cantina to Mercedes Street Monday, May 28th 7:00 a.m. to 9:30 p.m. Mercedes Street between Fourth Street and Third Street Monday, May 28th 7:00 a.m. to 9:30 p.m. 3) TEMECULA ART & STREET PAINTING FESTIVAL — June 8th, 9th, and 10th The Temecula Art & Street Painting Festival will be held June 8th 9th and 10th, at the Town Square with street closures scheduled as follows: Main Street from the easterly driveway edge of 28636 Old Town Front Street at Rosa's Cantina to Mercedes Street 8:00 a.m. on Friday, June 8th to 7:00 p.m. on Sunday, June 10th Mercedes Street between Fourth Street and Third Street 8:00 a.m. on Friday, June 8th to 7:00 p.m. on Sunday, June 10th Street closures for above three Summerfest events are shown on Exhibit "A" attached hereto. 4) 4th of JULY PARADE — July 4th The annual City -Sponsored 4th of July Parade event requires the closure of entire streets and portions of streets in the Old Town area on July 4, 2018, from approximately 6:00 a.m. until 12:00 p.m. The actual parade hours this year are from 10:00 a.m. to approximately 11:15 a. m. However, staging for the parade will begin at 6:00 a.m. at the Stampeded Restaurant parking lot and Second Street. The Police Department will determine exact hours of street closures. Also, no parking will be allowed on these subject streets from 6:00 a.m. until 12:00 p.m. Northbound and southbound traffic will be detoured via Pujol Street around the event, and all streets will be opened to traffic by 12:00 p.m. The City parking garage on Mercedes Street will be accessible from the north during the event. Access to the garage from the south will be closed between 6:00 a.m. to 12:00 p.m. The 4th of July Parade will be held in Old Town with street closures scheduled as follows: OId Town Front Street between Second Street and Third Street 6:00 a.m. to 12:00 p.m. OId Town Front Street from Moreno Road (S) to Third Street (northbound closure only) 6:00 a.m. to 9:00 a.m. Old Town Front Street from Moreno Road (S) to Second Street 9:00 a.m. to 12:00 p.m. Moreno Road 10:00 a.m. to 12:00 p.m. Mercedes Street From Moreno Road to Second Street (southbound closure only) 9:45 a.m. to 12:00 p.m. Second Street 6:00 a.m. to 12:00 p.m. Third Street 9:00 a.m. to 12:00 p.m. Main Street 9:00 a.m. to 12:00 p.m. Fourth Street East of Old Town Front Street 7:00 a.m. to 12:00 p.m. Fourth Street West of Old Town Front Street 9:00 a.m. to 12:00 p.m. Fifth Street 9:00 a.m. to 12:00 p.m. Sixth Street 9:00 a.m. to 12:00 p.m. Street closures for the 4th of July Parade are shown on Exhibit 'B' attached hereto. 5) 4th of JULY FIREWORKS SHOW — July 4th The annual City -sponsored 4th of July Fireworks Show requires the closure of Margarita Road between Rancho Vista Road and Pauba Road and also Pauba Road between Margarita Road and Showalter Road, including abutting streets. Residents living within the closure area will be allowed access to their homes. The 4th of July Fireworks Show street closures are scheduled as follows: Pauba Road from Margarita Road to Showalter Road 8:00 a.m. to 12:00 a.m. Calle Venture 8:00 a.m. to 12:00 a.m. Calle Camellia 8:00 a.m. to 12:00 a.m. Margarita Road between Rancho Vista Road and Pauba Road 7:00 p.m. to 10:00 p.m. Street closures for the 4th of July Fireworks Show are shown on Exhibit 'C' attached hereto. 6) SUNDAYS IN THE SQUARE — August 5th and 12th Sundays in the Square is a free concert that will be held on the steps of City Hall on August 5th and 12th with street closures scheduled as follows: Main Street from the easterly driveway edge of 28636 Old Town Front Street at Rosa's Cantina to Mercedes Street August 5th and 12th 1:00 p.m. to 8:00 p.m. Mercedes Street between Fourth Street and Third Street August 5th and 12th 1:00 p.m. to 8:00 p.m. Street closures are allowed by the California Vehicle Code upon approval by the local governing body for certain conditions. Under Vehicle Code Section 21101, "Regulation of Highways," local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing." Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these events. FISCAL IMPACT: The costs of police services, as well as services provided by the City Public Works Maintenance Division (for providing, placing and retrieving of necessary warning and advisory devices), are appropriately budgeted within the City's operating budget. ATTACHMENTS: 1. Exhibit 'A' — Summerfest Street Closures 2. Exhibit `B' — 4th of July Parade Street Closures 3. Exhibit 'C' — 4th of July Fire Works Show Street Closures SUMMERFEST STREET CLOSURES - 2018 (MAIN STREET AND MERCEDES STREET) * TEMECULA VALLEY SYMPHONY - MAY 26 * MEMORIAL DAY OBSERVANCE - MAY 28 * TEMECULA ART & STREET PA/NT/NG FESTIVAL - JUNE 8 - /0 * SUNDAYS IN THE SQUARE - AUGUST 5 8 /2 LEGEND STREET CLOSURE BARRICADE EXHIBIT 'A' V9 v A 4" OF JULY PARADE A 1 Old Town Theater ag Children's Museum 1440000000001110wallairompi �111i)1 SI Legend 4 Parade RoJte Staging De -staging P Judging Parking Equestrian Staging A Announcer CB Public Restrooms Portable Restrooms EXHIBIT 'B' 4th of July Fireworks Show STREET CLOSURES VICINITY MAP NOT TO SCALE EXHIBIT 'C' 1////1 STREET CLOSURE TEMECULA COMMUNITY SERVICES DISTRICT CONSENT Item No. 11 ACTION MINUTES April 24, 2018 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District meeting convened at 7:38 PM CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Rahn, Stewart, Comerchero CSD PUBLIC COMMENTS - None CSD CONSENT CALENDAR 7 Approve the Action Minutes of April 10, 2018 - Approved Staff Recommendation (5- 0); Motion by Edwards, Second by Stewart; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 7.1 That the Board of Directors approve the action minutes of April 10, 2018. 8 Approve Annual and Multi -Year Agreements for Services for Various Community Services Department Events, Classes, Programs, and Activities - Approved Staff Recommendation (5-0); Motion by Edwards, Second by Comerchero; and electronic vote reflected approval by Comerchero, Edwards, Naggar, Stewart and Rahn. RECOMMENDATION: 8.1 That the Board of Directors approve the following annual and multi-year agreements for services for various Community Services Department events, programs, and activities for Fiscal Year 2018-19: BAMM Promotional Products, Inc. $200,000/5 -year Event / Program Promotional Items BAS Security, Inc. $150,000/3 -year Facility Security Services Anthony J. Moramarco dba Bigfoot Graphics $250,000/5 -year Event / Program Services Shawna Sarnowski $120,000/3 -year Photography Nicholas Tierce $50,000/1 -year Graphic Design and Videography Timmy D' Productions, Inc. $400,000/5 -year Entertainment / Technical Services Valley Events, Inc. $250,000/5 -year Entertainment / Event Rentals CSD Action Minutes 042418 1 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGER REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT At 7:38 PM, the Community Services District meeting was formally adjourned to Tuesday, May 8, 2018, at 5:30 PM for a Closed Session, with a regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Randi Johl, Secretary [SEAL] CSD Action Minutes 042418 2 CITY COUNCIL PUBLIC HEARING Item No. 12 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Assistant City Manager DATE: May 8, 2018 SUBJECT: Approve a Fee Reimbursement Agreement with Hoehn Enterprise 4 Temecula LLC and an Economic Development Policy for Automobile Dealership Fee Reimbursement Program (At the Request of Luxury Car Dealership Ad Hoc Subcommittee Mayor Rahn and Council Member Comerchero) PREPARED BY: Lynn Kelly -Lehner, Principal Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HOEHN ENTERPRISE 4 TEMECULA LLC 2. Adopt an Economic Development Policy Regarding the Reimbursement of Fees for New Automobile Dealerships. BACKGROUND: Hoehn Enterprise 4 Temecula LLC (Audi Temecula) opened its doors to the community in March 2017. Prior to selecting Temecula as its location, Audi considered locations throughout Temecula Valley. In 2012, Ted Hoehn and representatives from Audi Temecula met with the Winchester Hills Subcommittee to discuss the possible location of a new luxury automobile dealership in Temecula. Ultimately, Audi Temecula and the Winchester Hills Subcommittee came to an informal agreement for the reimbursement of user fees and Development Impact Fees (DIF) if Audi Temecula constructed a new dealership in Temecula. Since its opening, Audi Temecula has created substantial economic benefit to the community through the generation of approximately 30 new employment opportunities and the generation of new tax revenues that assist in funding public services, including public safety. The dealership has developed new and expanded commercial and business facilities, while enhancing the City's tax base through increased property values and consumer spending. At a meeting on January 23, 2018, the Luxury Car Council Subcommittee, consisting of Mayor Matt Rahn and Council Member Comerchero, recommended approval of a Fee Reimbursement Agreement, modeled after a similar agreement with Mercedes-Benz. The total cost of construction for the new dealership was approximately $17 million, and the applicant paid $302,789.23 in development impact fees (DIF) and user fees, and will be reimbursed $297,182.99, per the attached Fee Reimbursement Agreement. The City has determined that the amount of fees waived for the development of the dealership, when compared to the Developer's investment in the land costs, public improvement costs, and construction costs in the development of a motor vehicle dealership is less than 1.75% of the total project cost. Beginning on April 29, 2018, the City provided all of the following information in written form available to the public, and through its website, temeculaca.gov, as required by Government Code Section 53083, with respect to the proposed Fee Reimbursement Agreement: 1. The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable: Hoehn Enterprise 4 Temecula LLC, 5475 Car County Drive, Carlsbad, CA 92008. (Hoehn Audi) 2. The start and end dates and schedule, if applicable, for the economic development subsidy: The economic development subsidy is a onetime reimbursement of fees, available after May 8, 2018. 3. A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy. The City shall reimburse Audi $297,182.99, which is inclusive of $11,790.28 in Development Impact Fees (DIF) and $285,392.71 of user fees. 4. A statement of the public purposes for the economic development subsidy: Audi Temecula is of substantial economic benefit to the community through the generation of approximately 30 new employment opportunities and the generation of new tax revenues that assists in funding public services, include public safety. The dealership has developed new and expanded commercial and business facilities, while enhancing the City's tax base through increased property values and consumer spending. 5. Projected tax revenue to the local agency as a result of the economic development subsidy: The total projected tax revenue (sales tax, Measure S, and property tax) to the City from December 10, 2016 through June 30, 2018 is $637,281.76. It is important to note that sales tax information is confidential. The City received consent and permission from Audi Temecula to share the information outlined in this report for the purposes of the agenda item. 6. Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions: Audi Temecula employs 30 full-time employees and does not currently utilize part-time or temporary positions. (Continued on Next Page) Economic Development Policy for Reimbursement of Fees for New Automobile Dealerships As a result of the request of Audi Temecula, as well as additional inquiries from other dealerships interested in pursuing fee reimbursements, the Luxury Car Dealership Ad Hoc Subcommittee directed staff to create a new Economic Development Policy on the issue. A new policy would limit the economic exposure and risk for the City, while still providing an incentive for new development in the City. Future negotiations for fee reimbursements will be finalized prior to the approval of the entitlements for a proposed dealership or expansion of an existing dealership. The entire proposed Economic Development Policy can be found as an attachment to this report. The substantive terms of the policy include: • Applicants shall complete an application to the City requesting fee reimbursement in conjunction with an application for a Development Plan or Major Modification, whichever is applicable. • Application will be considered during a City Council Public Hearing, in accordance with Government Code Section 53083. • If approved, the applicant will be reimbursed an amount equivalent to the City of Temecula DIF and user fees paid and identified in the application, not to exceed the lessor of: • 75% of the verified annual sales tax revenue, net of adjustments (excluding any Temecula Transactions and Use Tax) for the first four full quarters of operation; or • 1.75% of the actual construction cost of the facility (the maximum amount deemed to be de minimus, according to the Department of Industrial Relations); or • $250,000. Because the Fee Reimbursement Agreement with Audi Temecula was negotiated prior to construction of the dealership, Audi Temecula will not be subject of the terms of this new Economic Development Policy. FISCAL IMPACT: Development fees totaling $297,182.99 will be reimbursed to the developer within ten (10) working days following the approval of the Fee Reimbursement Agreement. Sufficient funds are include in the Annual Operating Budget and CIP Budget to cover the reimbursement. The Economic Development Policy related to Reimbursement of Fees, would result in future one-time reductions of development fees up to $250,000 on a per project basis. The one-time reduction though would be offset by future sales tax revenue growth resulting from the new dealership. ATTACHMENTS: 1. Resolution 2. Fee Reimbursement Agreement with Hoehn Enterprise 4 Temecula LLC 3. Economic Development Policy: Reimbursement of Fees for New Automobile Dealerships 4. Notice of Public Hearing RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN AGREEMENT ENTITLED FEE REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF TEMECULA AND HOEHN ENTERPRISE 4 TEMECULA LLC THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Recitals. The City Council does hereby find, determine, and declare that: A. The City and Hoehn Enterprise 4 Temecula LLC ("Hoehn") propose to enter into that certain agreement entitled: "Fee Reimbursement Agreement by and between the City of Temecula and Hoehn Enterprise 4 Temecula LLC" ("Fee Reimbursement Agreement") that will provide for the reimbursement of $297,182.99 in development fees to the City in return for Hoehn constructing an Audi new motor vehicle dealership ("Dealership") at 40955 Temecula Center Drive. B. The Developer employs approximately 30 persons at the Dealership. C. The City Council finds and determines that performance of the City's obligations under this Fee Reimbursement Agreement and the undertakings of the Dealership required by this Agreement will promote the public health, safety, and welfare of the citizens of the City and will be of substantial economic benefit to the City as the Fee Reimbursement Agreement will: 1. Generate new short term and long term quality employment opportunities within the City; 2. Generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City; Preserve and enhance the job/housing balance described in the City's General Plan and various regional plans; 4. Develop new and expanded commercial and business facilities; 5. Expand and enhance the City's tax base through increased property values and consumer purchasing; and 6. Promote the stability and diversification of the City's economy. D. All legal prerequisites to the adoption of the Resolution have occurred. E. The Agreement approved by the Resolution is a contract within the meaning of Section 53511(a) of the California Government Code and therefore subject to a validation pursuant to Section 860 of the California Code of Civil Procedure. F The Agreement approved by the Resolution is in accordance to Section 53083 of the California Government Code. G. On May 8, 2018, the City Council held a duly noticed public hearing on the proposed Fee Reimbursement Agreement between the City of Temecula and Hoehn. The Notice of Public Hearing was published in a newspaper of general circulation ten days prior to the public hearing. Prior to the adoption of this Resolution, the City Council received all oral and written testimony from the interested members of the public and carefully considered all of the oral and written testimony. H. Beginning on April 29, 2018, the City provided all of the information required by Government Code 53083 with respect to the proposed Fee Reimbursement Agreement in written form available to the public at City Hall, and through its website, temeculaca.gov. Section 2. Approval of Agreement. The City Council of the City of Temecula hereby approves that certain agreement titled "Fee Reimbursement Agreement by and between the City of Temecula and Hoehn Enterprise 4 Temecula LLC" ("Fee Reimbursement Agreement") and authorizes the Mayor to execute said Agreement on behalf of the City in substantially the form presented to the City Council and on file in the Office of the City Clerk. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of May, 2018. Matt Rahn, 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. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of May, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk FEE REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF TEMECULA AND HOEHN ENTERPRISE 4 TEMECULA LLC THIS AGREEMENT is made and effective as of May 8, 2018 by and between the City of Temecula, a municipal corporation, and Hoehn Enterprise 4 Temecula LLC, a California limited liability company ("Developer"). In consideration of the mutual covenants set forth in this Agreement, the parties hereto agree as follows: 1. Recitals. This Agreement is made with respect to the follow facts and for the following purposes, which each of the parties acknowledge and agree to be true and correct: A. Hoehn Enterprise 4 Temecula LLC is a California limited liability company authorized and licensed to do business in the State of California. B. Developer is the owner of real property located at 40955 Temecula Center Drive in the City of Temecula, as more fully described on Exhibit A ("Audi Parcel"). C. The development of the Audi Parcel is subject to and governed by that certain Development Agreement dated as of August 28, 2001 by and between the City, Lennar Homes, Inc., and Winchester Hills I LLC, as amended on October 23, 2007 and ("Development Agreement"). D. Developer is developing a new motor vehicle dealership on the Audi Parcel for the retail sales and service of Audi vehicles ("Dealership"). The estimated cost of the acquisition and construction of the Dealership is Sixteen Million Nine Hundred Eighty Thousand Dollars ($16,980,000.00). E. Developer expects to employ approximately 30 persons at the Dealership within five (5) years from the date of this Agreement. F. Developer and the City desire to provide for the Developer's operation of the Dealership within the City. G. The City Council finds and determines that performance of the City's obligations under this Agreement, the economic development subsidy to be provided to Developer under this Agreement and the undertakings of the Dealership required by this Agreement will promote the public health, safety, and welfare of the citizens of the City and will be of substantial economic benefit to the City as the Agreement will: (1) generate new short term and long term quality employment opportunities within the City; (2) generate new tax revenues that will assist the City in funding public services for the residents and businesses within the City; (3) preserve and enhance the job/housing balance described in the City's General Plan and various regional plans; (4) develop new and expanded commercial and business facilities; (5) expand and enhance the City's tax base through increased property values and consumer purchasing; and (6) promote the stability and diversification of the City's economy. H. On May 8, 2018, the City Council held a duly noticed public hearing on the proposed terms of this Agreement and the economic development subsidy in accordance with 1 the requirements of Government Code Section 53083. The information described in Government Code Section 53083 was posted on the City's website at least ten days prior to the public hearing. I. This Agreement is a contract within the meaning of Section 53511(a) of the California Government Code and therefore subject to a validation action pursuant to Section 860 of the California Code of Civil Procedure. 2. Reimbursement of Certain Audi Parcel Fees. A. Pursuant to the Development Agreement, certain fees will be due the City for the development of the Dealership on the Audi Parcel. The Audi Parcel fees and the approximate amounts thereof are described on Exhibit B attached hereto ("Audi Parcel Fees"). The final amount of the Audi Parcel Fees shall be determined upon the filing of an application for approval of the Development Plan for the Dealership. B. Developer shall pay to the City all Audi Parcel Fees at the time they are due pursuant to the City's Municipal Code and City's development policies. C. City shall reimburse the Developer for the Audi Parcel Fees actually paid to the City in an amount not to exceed one and seventy-five one hundredths percent (1.75%) of the total project cost, within thirty (30) days of the completion of the following three events: (1) the issuance of the final Certificate of Occupancy by the City for the Dealership; (2) the Dealership opening to the public for the retail sale of motor vehicles; and the full execution of this Agreement by all parties. D. City's obligation to reimburse Developer for the Audi Parcel Fees shall terminate on June 30, 2018 unless such period extended in writing by the City Manager, provided that any such extension shall not extend past June 30, 2019. 3. Findings Concerning Inapplicability of Prevailing Wages. A. The City finds and determines that the amount of fees being reimbursed for the development of the Audi Parcel pursuant to this Agreement when compared to the Developer's investment in the land costs, public improvement costs, and construction costs in the development of the Dealership is de minimus, comprising less than one and seventy-five one hundredths percent (1.75%) of the total project cost. B. Therefore, based on the above finding, the City and Developer have determined that prevailing wages are not required to be paid on the private improvements and development of Parcel A in accordance with Labor Code Sections 1720, et seq. C. Developer hereby represent to City that it understands and acknowledges the relationship of the Audi Parcel Fee reimbursement described in this Agreement and the potential impact on the application of prevailing wages to development on the Audi Parcel. Accordingly, Developer on behalf of itself and its successors in interest (except as provided in Paragraph 6F), hereby expressly and knowingly waive their respective rights under Labor Code Sections 1726 and 1781 to seek recovery against the City of any prevailing wage liabilities they -2- may incur based upon this Agreement. Developer hereby acknowledges that it has either consulted with legal counsel, or had an opportunity to consult with legal counsel, regarding the provisions of the California Civil Code section 1542, which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor" Developer hereby acknowledges that it may have claims which are presently unknown and unsuspected, and such claims in the future. Nevertheless, Developer hereby acknowledges that this Agreement has been negotiated and agreed upon in light of that situation, and hereby expressly waive any and all rights which they may have under California Civil Code Section 1542, or under any statute or common law or equitable principal of similar effect. Developer's authorized representative initials: 4. Representations and Agreements Concerning Use of Audi Parcel as a Motor Vehicle Dealership or Dealerships. A. In accordance with the requirements of Government Code Section 53084, the Developer hereby agrees on behalf of itself and its successors and assigns (except as provided in Paragraph 6F), that neither Developer nor its successors in interest, lessee or licensee on the Audi Parcel shall be a Vehicle Dealer that is Relocating from the territorial jurisdiction of one Local Agency to the territorial jurisdiction of the City but within the same Market Area. 1. As used in this section, "Vehicle Dealer" is defined in Government Code Section 53084 and means a retailer that is also a dealer as defined by Section 285 of the Vehicle Code. 2. As used in this Section "Local Agency" is defined in Government Code Section 53084 and means a chartered or general law city, a chartered or general law county, or a city and county. 3. As used in this Section "Market Area" is defined in Government Code Section 53084 and means a geographical area that is described in independent and recognized commercial trade literature, recognized and established business or manufacturing policies or practices, or publications of recognized independent research organizations as being an area that is large enough to support the location of the specific vehicle dealer that is relocating. With respect to a vehicle dealer, a "Market Area" shall not extend further than 40 miles, as measured by the most reasonable route on roads between two points, starting from the location from which the vehicle dealer is relocating and ending at the location to which the vehicle dealer is relocating. 4. As used in this Section "Relocating" is defined in Government Code Section 53084 and means the closing of a Vehicle Dealer in one location and the opening of a Vehicle Dealer in another location within a 365 -day period when a person or business entity has an ownership interest in both the Vehicle Dealer that has closed or will close and the one that is opening. "Relocating" does not mean and shall not include the closing of a Vehicle Dealer because the Vehicle Dealer or Big Box Retailer has been will be acquired or has been or will be closed as a result of the use of eminent domain. -3- B. In accordance with the requirements of Government Code Section 53084.5, Developer on behalf of itself and its successors and assigns (except as provided in Paragraph 6F) warrants and represents to the City and agrees to the following: 1. This Agreement will not result, directly or indirectly, in the payment, transfer, diversion, or rebate of any tax revenue resulting from the imposition of a sales and use tax under the Bradley -Burns Uniform Local Sales and Use Tax Law (Part 1.5 (commencing with Section 7200) of Division 2 of the Revenue and Taxation Code) to any person for any purpose when both of the following apply: a. The agreement results in a reduction in the amount of revenue under the Bradley -Burns Uniform Local Sales and Use Tax Law that, in the absence of the agreement, would be received by another local agency. b. The retailer continues to maintain a physical presence within the territorial jurisdiction of that other local agency. 5. Operating Memorandum. The parties acknowledge that refinements and further development of Parcel A may demonstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the administration of the terms of this Agreement. If and when the parties mutually find that nonsubstantive changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, and such are not materially inconsistent with the terms of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the City Manager, or designee, on behalf of the City and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of Developer, which, after execution, shall be attached hereto as addenda and become a part hereof. 6. General. A. 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 with return receipt or affidavit of delivery, (ii) delivery by a reputable document delivery service, such as, but not limited to, FedEx, 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 a written notice provided in accordance with this Section. 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. To City: City of Temecula 41000 Main Street Temecula, California 92590 Attention: City Manager -4- With a copy to: To: Developer: With a copy to: Peter M. Thorson, Esq. Richards, Watson & Gershon 355 S. Grand Ave., 40th Floor Los Angeles, CA 90071 Hoehn Enterprise 4 Temecula LLC Attention: T. W. Hoehn, III 5475 Car Country Drive Carlsbad, CA 92008 Kolodny & Pressman LLP Attention: Robert J. Kolodny 11975 El Camino Real, Suite 201 San Diego, CA 92130 B. Entire Agreement, Modifications. This Agreement and the documents referenced herein contain the complete expression of the whole agreement between the parties with respect to the obligations set forth herein, and there are no promises, representations, agreements, warranties or inducements, either expressed verbally or implied, except as are fully set forth herein. This Agreement cannot be enlarged, modified, or changed in any respect except by written agreement between the parties. No alteration, supplement, modification or amendment of this Agreement shall be binding unless executed in writing by all of the parties hereto. The City Manager is authorized to enter into any amendments to this Agreement without any further action by the City Council. C. Applicable Law/Venue. This Agreement shall be deemed to have been entered into and shall, in all respects, be interpreted, construed, enforced and governed by and under the laws of the State of California. The venue of any legal action relating to this Agreement shall be in the Superior Court of California or U.S. District Court, as applicable, with jurisdiction over the County of Riverside. D. Independent Advice of Legal Counsel. Each party acknowledges that it had retained independent legal counsel of its own choice to review this Agreement and that prior to the execution hereof each party has had the opportunity to review the terms of this Agreement with its counsel and is entering into this Agreement after such review. E. Validity of Agreement. All parties agree that this Agreement is legal, valid and binding on each party and enforceable in accordance with its terms. F. Binding on Successors. Except as further provided in this paragraph, this Agreement shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, assigns, executors and administrators. In the event that the Audi Parcel revests in Harveston-SAB North, LLC, this Agreement shall automatically terminate upon the date of revesting and shall be of no further force and effect. -5- G. Attorneys' Fees. If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys' fees and other costs and expenses incurred in that action or proceeding in addition to any other relief to which it or they may be entitled. H. Time. Time is of the essence of this Agreement. I. Force Majeure Delays. Nonperformance of any of the conditions or covenants herein by any party hereto shall be excused when performance is prevented or delayed by reason of any of the following forces reasonably beyond the control of such party: acts of God, strike, war, lockout, labor trouble, reasonable inability to secure materials or labor, unreasonable delay by a governmental entity in the issuance of any required governmental permit, license or approval, act of nature (including but not limited to hurricane, earthquake, windstorm, flood, wildfire, or other severe weather or environmental condition) insurrection, riot, casualty, acts of public enemy, governmental restrictions, litigation initiated by a party other than a party hereto or its affiliate, unreasonable acts or failures to act of any governmental agency or entity or unreasonable delays of any contractor, subcontractor or supplier. In such event, nonperformance shall be excused and the time of performance shall be extended only by the number of days the performance is delayed or prevented. J. Exhibits. The following Exhibits are attached hereto and incorporated herein by this reference as though set forth in full: Exhibit A Exhibit B Description of Audi Parcel Audi Parcel Fees To Be Reimbursed K. Authority to Execute this Agreement. The person or persons executing this Agreement on behalf of a party warrants and represents that he or she has the authority to execute this Agreement on behalf of the party and has the authority to bind that party to the performance of its obligations hereunder. -6- IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. CITY OF TEMECULA, a municipal corporation Matt Rahn Mayor Attest: Randi Johl City Clerk Approved As to Form: Peter M. Thorson City Attorney -7- HOEHN ENTERPRISE 4 TEMECULA LLC, a California limited liability company By: Theodore William Hoehn, III Its: Manager -8- EXHIBIT A LEGAL DESCRIPTION OF AUDI PARCEL (4.5 ACRES) PARCEL A AS SHOWN ON LOT LINE ADJUSTMENT NO. PA15-1434, AS EVIDENCED BY DOCUMENT RECORDED DECEMBER 15, 2015 AS INSTRUMENT NO. 2015-0542235 OF OFFICIAL RECORDS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PORTION OF PARCEL 7 OF PARCEL MAP NO. 36336, IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA AS SHOWN ON THE MAP FILED IN BOOK 239, PAGES 33 THROUGH 39, INCLUSIVE, OF PARCEL MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID RIVERSIDE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID PARCEL 7; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 7 NORTH 29°58'20" WEST 120.28 FEET TO A LINE PARALLEL WITH AND 120.00 FEET NORTHWESTERLY OF THE SOUTHEASTERLY LINE OF SAID PARCEL 7, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG SAID PARALLEL LINE NORTH 56°07'10" EAST 445.57 FEET TO THE SOUTHWESTERLY LINE OF THAT CERTAIN PRIVATE EASEMENT FOR ACCESS PURPOSES AS SHOWN ON SAID PARCEL MAP NO. 36336; THENCE ALONG SAID SOUTHWESTERLY LINE THE FOLLOWING COURSES: NORTH 40°38'53" WEST 118.57 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 568.00 FEET; THENCE ALONG SAID CURVE AND CONTINUING ALONG SAID SOUTHWESTERLY LINE NORTHERLY 310.61 FEET THROUGH A CENTRAL ANGLE OF 31°19'54" TO THE NORTHWESTERLY LINE OF SAID PARCEL 7; THENCE ALONG SAID NORTHWESTERLY LINE SOUTH 67°50'42" WEST 419.72 FEET TO THE MOST WESTERLY CORNER OF SAID PARCEL 7; THENCE ALONG THE SOUTHWESTERLY LINE OF SAID PARCEL 7 THE FOLLOWING COURSES: SOUTH 21°49'02" EAST 235.70 FEET; THENCE CONTINUING ALONG SAID SOUTHWESTERLY LINE SOUTH 29°58'20" EAST 276.25 FEET TO THE TRUE POINT OF BEGINNING. EXCEPTING THEREFROM, OIL AND MINERAL RIGHTS AS RESERVED BY FIDELITY REALTY CORPORATION IN DEED RECORDED MAY 22, 1929 IN BOOK 815, PAGE 214 OF DEEDS. -9- EXHIBIT B AUDI PARCEL FEES TO BE REIMBURSED -10- Audi Dealership Analysis does not include utility connections Last revised: 11/30/17 ** fees are based on the current Fee Schedule and are subject to change Assumptions: 1.) Project will be constructed on a legal lot 2.) Project site has an improved street system 3.) Project site has been rough graded 4.) Some fees are calculated by project square footage, therefore minor fee adjustments may be necessary NOTE: If any of the above assumptions are not accurate, the estimated fee analyses will be adjusted. Site acreage: 4.50 acres Building 39,832 square footage Estimated Earthwork quantity: 5,150 CY User Fees Development Planning fees Impact Fees Development Plan (PA15-0513) $ 72,086.00 Sign Program (PA15-1477) $ 2,671.00 Minor Modification add 712 sf to servicesection (PA15-1717) $ 3,253.00 TUP for Construction yard (PA16-0048) $ 300.00 Modification - remove roll up doors (PA16-1229) $ 173.00 Sign Program Amendment (PA17-1067) $ 178.00 Public Works fees - data from plans submitted on 7/23/15 Onsite Improvements - Commerical Dev. (LD15-2540) does not include refundable deposit $ 60,377.00 Onsite Improvements - Mass & Rough Grading (LD15-3135) does not include refundable deposit $ 49,925.75 Offsite Improv. - Storm Drain Improvements (LD15-3136) $ 38,624.00 Offsite Improv. - Street Improvements (LD15-3139) (no fee permit) $ Offsite Improv. - Domestic and Recycled Water Improvement Plans (LD15-3137) (no fee permit) $ Onsite Improv. - Access Road and Construction Trailer (LD16-0480) does not include refundable deposit $ 16,015.00 Plan Revisions - (LD17-0252 and LD17-0253) $534 each $ 1,068.00 Building and Safety fees New Commercial Bldg (B15-2626) $ 19,393.88 Auto Lifts (B16-0702) $ 730.50 Storage Tanks (B16-0703) $ 659.00 Automotive Tailpipe Exhaust System (B16-0699) $ 733.00 Trash Enclosure (B15-2662) $ 337.38 Parking Lot Lights (B15-2663) $ 710.23 Onsite Sewer and Water (B16-0320) $ 1,028.00 Sign Permits (B16-1175 and B16-1176) $537.43 and $619.83 $ 1,157.26 Storage Racks (B16-1284) $ 9,872.00 Wall Permits (B16-2881 and B16-2882) $588.07 and $455.85 $ 1,043.92 Temporary Power (B16-0031) $ 236.85 Wall Signs (B17-2434) $ 296.18 Fire fees Sprinkler 101-300 (F16-0995) $ 2,419.00 Alarm 11-50 (F16-0687) $ 1,615.00 Underground Combo System (F16-0321) $ 1,620.00 Hazardous Materials (F15-4261) $ 1,546.00 High Pile Storage (FI5-4260) $ 1,345.00 Storage Tanks (F16-0697) $ 1,585.00 Development Impact Fees: Land Use = Retail Commercial Street System Improvements component - No Fee per DA $ Traffic Signal and Traffic Control Systems component - No Fee per DA $ Corporate Facilities component at $0.248/ sf (B15-2626) $ 9,878.34 Fire Protection Facilities component at $0.048 / sf (B15-2626) $ 1,911.94 Police Facilities - No Fee per DA $ Art Public Places Fee - No Fee per DA $ Transportation Uniform Mitigation Fee (TUMF) No Fee per DA $ Stephen's Kangaroo Rat Fee (K -Rat) at $500 / acre (paid under KR03-0011 & KR02-0007) $ Multispecies Habitat Conservation Fee (MSHCP) No Fee per DA $ Totals $ 290,998.95 $ 11,790.28 Grand Total $ 302,789.23 CITY OF TEMECULA ECONOMIC DEVELOPMENT POLICY 1 ne Hedrt of buuthern Cahturnid Wine Country Title: Auto Dealership Fee Reimbursement Program Issued: 5/8/2018 Responsible Dept/Division: City Manager/Office of Economic Development Revised: Forms: Program Application/Sales Tax Reporting Revised: Approval: Revised: PURPOSE Create an incentive to attract new automobile dealerships, and retain existing auto dealerships contemplating significant expansions, that will generate incremental sales tax revenue and create new local jobs through a Development Impact Fee (DIF) and User Fee Reimbursement Program ("Program"). SCOPE The Program is only applicable to new automotive sales dealerships of new/used cars and trucks, which fall within the area depicted in Exhibit A, which would generate incremental annual sales tax revenue to the City, exclusive of any City of Temecula Transactions Use Tax (Measure S or other add-on sales tax). The Program would also apply to the expansion of existing automobile dealerships of new/used vehicles, which would generate an annual increase of sales tax revenue to the City over and above current City sales tax revenue, exclusive of any City of Temecula Transaction Use Tax (Measure 5 or add- on sales tax). GUIDELINE Applicants for this Program must complete an application detailing the proposed new dealership or existing dealership expansion, including the estimated construction cost, the project timeline and the requested Development Impact Fees (DIF) and user fees to be reimbursed. The applicant shall provide a pro -forma that includes projected sales, estimated sales tax revenues to be generated; the number of new jobs created with corresponding position titles and salary ranges for each position. In accordance with Government Code Section 53083, applications will be considered by the City Council at a properly noticed Public Hearing. To be eligible for this program, applications must be submitted with a Development Plan or Major Modification application. Additionally, applications must be approved no later than the time of project approval. Applications not meeting these criteria will be deemed incomplete and therefore denied. Auto Dealership Fee Reimbursement Program (5/8/2018) Page 1 of 2 If approved, the applicant shall enter into a "Fee Reimbursement Agreement" which will require the applicant to submit copies of quarterly sales tax returns as submitted to the California Department of Tax and Fee Administration to the City for a minimum of the first full four quarters of operation, following the issuance of Certificate of Occupancy. The applicant will be reimbursed an amount equivalent to the City of Temecula DIF and user fees paid and identified in the application, not to exceed the lessor of: • 75% of the verified annual sales tax revenue, net of adjustments (excluding any Temecula Transactions and Use Tax) for the first four full quarters of operation; or • 1.75% of the actual construction cost of the facility (the maximum amount deemed to be de minimus); or • $250,000. If the new annual sales tax revenue target is achieved or exceeded, the applicant will be reimbursed the DIF amount as provided in this policy, within thirty (30) days of receipt of adjusted sales tax revenue reports for the first four full quarters following Certificate of Occupancy. If the new annual sales tax revenue, net of adjustments (excluding any Temecula Transactions and Use Tax) for the first four full quarters following Certificate of Occupancy falls below the amount reflected in the application the applicant's reimbursement will be reduced by a corresponding percentage. Fiscal Impact Reduction of one-time Development Impact Fees and user fees. The reimbursed fees will be offset by on-going sales tax revenue from the construction or expansion of automobile dealerships. Auto Dealership Fee Reimbursement Program (5/8/2018) Page 2 of 2 AUTO DEALERSHIP FEE REIMBURSEMENT POLICY AREA NOTICE OF PUBLIC HEARING THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the following matters: Adoption of a "Fee Reimbursement Agreement" between the City of Temecula and Hoehn Enterprise 4 Temecula, LLC ("Audi Temecula") to provide an economic development incentive through a reimbursement of Development Impact Fees (DIF) and user fees from the facility located at 40955 Temecula Center Drive, in the City of Temecula; and Adoption of an Economic Development Policy titled Automobile Dealership Fee Reimbursement Policy. PLACE OF HEARING: City Council Chamber 41000 Main Street Temecula, California DATE OF HEARING: May 8, 2018 TIME OF HEARING: 7:00 PM or as soon thereafter as the matter may be heard. Information about the Proposed Location Agreement and the Economic Development Subsidy. Beginning on April 29, 2018, the City will provide all of the following information in written form available to the public, and through its Internet Web site, TemeculaCA.qov, as required by Government Code Section 53083 with respect to the proposed Fee Reimbursement Agreement: (1) The name and address of all corporations or any other business entities, except for sole proprietorships, that are the beneficiary of the economic development subsidy, if applicable; (2) The start and end dates and schedule, if applicable, for the economic development subsidy; (3) A description of the economic development subsidy, including the estimated total amount of the expenditure of public funds by, or of revenue lost to, the local agency as a result of the economic development subsidy; (4) A statement of the public purposes for the economic development subsidy; (5) Projected tax revenue to the local agency as a result of the economic development subsidy; and (6) Estimated number of jobs created by the economic development subsidy, broken down by full-time, part-time, and temporary positions. The proposed Fee Reimbursement Agreement and the public data concerning the proposed Fee Reimbursement Agreement may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. and on the City's website at TemeculaCA.gov. Questions concerning the proposed Fee Reimbursement Agreement or Economic Development Policy may be addressed to Principal Management Analyst Lynn Kelly -Lehner at 951.506.5172. Submission of Written and Oral Comments. Any person may submit written comments to the City Council before the public hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. In any action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council concerning the Location Agreement, petitioner shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. Public Hearing 18-05 Item No. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Luke Watson, Director of Community Development DATE: May 8, 2018 SUBJECT: Approve Modification, Tentative Parcel Map and Development Plans Related to PA18-0588, PA14-2708, PA14-2707, and PA16-0090 for Property Generally Located on the Northwest Corner of Temecula Parkway and La Paz Road PREPARED BY: Eric Jones, Associate Planner RECOMMENDATION: That the City Council adopt a resolution entitled: RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MODIFICATION CONSISTING OF CONDITION OF APPROVAL REVISIONS TO PA14-2708, A TENTATIVE PARCEL MAP FOR THE CREATION OF SIX LOTS FROM FOUR EXISTING LOTS; PA14-2707, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS; AND PA16-0090, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN LA FITNESS. THE CONDITION MODIFICATION WILL CREATE A THIRD ALTERNATIVE ALLOWING THE DEVELOPER TO PROVIDE FUNDS TO THE CITY FOR THE CONSTRUCTION OF A ROUNDABOUT OR TRAFFIC SIGNAL AT THE INTERSECTION OF LA PAZ ROAD AND YNEZ ROAD. THE MODIFICATION WILL ALSO REQUIRE THAT THE DEVELOPER ACQUIRE THE NECESSARY RIGHT-OF-WAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-2707, 2708, AND PA16-0090) (PA18-0588) BACKGROUND: The Gateway to Temecula commercial center was approved by the City Council on November 15, 2016. This project consisted of a total of eight applications. One of these applications, PA14-2708, a Tentative Parcel Map, contained the following condition of approval: • "Public Street Improvements and Securities. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road: Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits." The project also consisted of two Development Plan applications. These included PA14-2707, a Development Plan for four commercial buildings, and PA16-0090, a Development Plan to construct and LA Fitness. These two applications contained the following Condition of Approval: • "Construction of Street Improvements. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road: Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits." The two alternatives were designed to provide the applicant with flexibility when addressing traffic impacts at the intersection of La Paz Road and Ynez Road. The following third alternative has been proposed for all three applications by the City Council Subcommittee: • Alternative 3: Provide $500,000 to the City for roundabout or traffic signal improvements. In addition, the Developer will acquire the right-of-way necessary for the construction of a roundabout. The Developer will dedicate said right-of-way to the City concurrent with the closing of escrow for the purchase of the right-of-way. Developer will indemnify the City against any and all challenges, legal or otherwise, requiring acquisition of right-of- way and construction of roundabout or signal improvements. Alternative 3 will provide the City with the necessary funds to complete the roundabout or traffic signal as part of the overall future Ynez Road widening Capital Improvement Project. FISCAL IMPACT: Based on the proposed street improvement alternatives for the intersection of La Paz Road and Ynez Road, the Developer will either construct the intersection improvements at their own cost or will provide $500,000 to the City for construction of the improvements. In addition, the Developer will acquire the right-of-way necessary for the construction of a roundabout. Neither the roundabout nor traffic signal are anticipated to cost $500,000. Therefore, there is no fiscal impact to the City. ENVIRONMENTAL: An Environmental Impact Report (EIR) was prepared during the entitlement process for the Gateway to Temecula commercial project. This EIR was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). The City Council certified the Final Environmental Impact Report (FEIR) for the Project, including Findings of Facts in Support of Findings, a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations for noise impacts related to temporary construction, greenhouse gas emissions, and traffic on the northbound and southbound Interstate 15 on -ramps at the November 15, 2016 public hearing. The addition of Alternative 3 to the Conditions of Approval provides a funding mechanism to allow the City to construct infrastructure for the project. This infrastructure was listed as mitigation in the previously certified FEIR for Cypress Ridge. No impacts are anticipated and the proposed change to the Conditions of Approval have been deemed exempt from further environmental review (Section 15162, Subsequent EIRs and Negative Declarations). ATTACHMENTS: 1. City Council Resolution 2. Exhibit A: PA14-2707 Revised Conditions of Approval 3. Exhibit B: PA14-2708 Revised Conditions of Approval 4. Exhibit C: PA16-0090 Revised Conditions of Approval 5. Notice of Public Hearing RESOLUTION NO. 18- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING A MODIFICATION CONSISTING OF CONDITION OF APPROVAL REVISIONS TO PA14-2708, A TENTATIVE PARCEL MAP FOR THE CREATION OF SIX LOTS FROM FOUR EXISTING LOTS; PA14-2707, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF FOUR COMMERCIAL BUILDINGS; AND PA16-0090, A DEVELOPMENT PLAN TO ALLOW FOR THE CONSTRUCTION OF AN LA FITNESS. THE CONDITION MODIFICATION WILL CREATE A THIRD ALTERNATIVE ALLOWING THE DEVELOPER TO PROVIDE FUNDS TO THE CITY FOR THE CONSTRUCTION OF A ROUNDABOUT OR TRAFFIC SIGNAL AT THE INTERSECTION OF LA PAZ ROAD AND YNEZ ROAD. THE MODIFICATION WILL ALSO REQUIRE THAT THE DEVELOPER ACQUIRE THE NECESSARY RIGHT-OF-WAY (APN 922-170-014, 922-170-015, 922-170-013, AND 922-170-012) (PA14-2707, 2708, AND PA16-0090) (PA18-0588) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Procedural Findings. The City Council of the City of Temecula does hereby find, determine and declare that: A. On April 19, 2018, Amir Dehbozorgi filed Planning Application No. PA18-0588, a Minor Modification. This application was filed in a manner in accord with the City of Temecula General Plan and Development Code. B. The Application was processed including, but not limited to a public notice, in the time and manner prescribed by State and local law. C. Pursuant to the California Environmental Quality Act (CEQA) (Pub. Res. Code § 21000, et seq.) and the State CEQA Guidelines (14 Cal. Code Regs. § 14000, et seq.), the City is the lead agency for the Project. D. On May 8, 2018, the City Council of the City of Temecula considered the Project at a duly noticed public hearing at which time all interested persons had an opportunity to and did testify either in support or in opposition to this matter. The City Council considered all the testimony and any comments received regarding the Project prior to and at the public hearing. C. At the conclusion of the City Council hearing and after due consideration of the testimony, the City Council approved Planning Application No. PA18-0588 subject to and based upon the findings set forth hereunder. D. All legal preconditions to the adoption of the Resolution have occurred. Section 2. Legislative Findings. The City Council in approving the Modification, pursuant to Temecula Municipal Code Section 17.05.030.E, hereby finds, determines and declares that: A. The proposed use is in conformance with the General Plan for Temecula and with all applicable requirements of State law and other Ordinances of the City. The modification will allow for a revision to previously approved Conditions of Approval for three applications associated with the Gateway to Temecula commercial project. The uses will remain as originally approved and therefore will remain in conformance with the General Plan for Temecula and still meet all applicable requirements of State law and other Ordinances of the City. B. The overall development of the land is designed for the protection of the public health, safety, and general welfare. The modification will allow for a revision to previously approved Conditions of Approval for three applications associated with the Gateway to Temecula commercial project. All requirements related to the public health, safety, and general welfare that have been reviewed and approved under the original approval remain valid with this modification. Section 3. Environmental Findings. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Modification Application: A. In accordance with the California Environmental Quality Act, the proposed project has been deemed to be categorically exempt from further environmental review (Section 15162, Subsequent EIRs and Negative Declarations); An Environmental Impact Report (EIR) was prepared during the entitlement process for the Gateway to Temecula commercial project. This EIR was prepared in accordance with the provisions of the California Environmental Quality Act (CEQA). The City Council certified the Final Environmental Impact Report (FEIR) for the Project, including Findings of Facts in Support of Findings, a Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations for noise impacts related to temporary construction, greenhouse gas emissions, and traffic on the northbound and southbound Interstate 15 on -ramps at the November 15, 2016 public hearing. The addition of Alternative 3 to the Conditions of Approval provides a funding mechanism to allow the City to construct infrastructure for the project. This infrastructure was listed as mitigation in the previously certified FEIR for Gateway to Temecula. No impacts are anticipated and the proposed change to the Conditions of Approval have been deemed exempt from further environmental review (Section 15162, Subsequent EIRs and Negative Declarations). Section 4. Conditions. The City Council of the City of Temecula approves Planning Application No. PA18-0588, a Modification consisting of Condition of Approval revisions to PA14-2708, a Tentative Parcel Map for the creation of six lots from four existing Tots; PA14-2707, a Development Plan to allow for the construction of four commercial buildings; and PA16-0090, a Development Plan to allow for the construction of an LA Fitness. The condition modification will create a third alternative allowing the developer to provide funds to the City for the construction of a roundabout or traffic signal at the intersection of La Paz Road and Ynez Road. The modification will also require that the developer acquire the necessary right-of-way, subject to the Conditions of Approval set forth on Exhibit A, Exhibit B and Exhibit C, attached hereto, and incorporated herein by this reference. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of May, 2018. ATTEST: Randi Johl, City Clerk [SEAL] STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF TEMECULA ss Matt Rahn, Mayor I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 18- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of May, 2018, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Randi Johl, City Clerk EXHIBIT A CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2707 Project Description: Temecula Gateway Development Plan: A Development Plan application to allow for the construction of four commercial buildings totaling approximately 23,666 square feet. The structures will consist of a gas station, a retail/restaurant structure, office/retail structure and drive-thru restaurant structure. The project is generally located on the north west corner of La Paz and Temecula Parkway (APN 922-170-014, 922-170-015, 922-170-013, and 922-170-012) Assessor's Parcel No.: 922-170-015 922-170-013 922-170-014 922-170-012 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: N/A Non -Residential New Street In -lieu of Fee: Not Located within the Uptown Temecula Specific Plan Approval Date: November 15, 2016 Expiration Date: November 15, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. Expiration. This approval shall be used within 3 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit (Revised at 10/5/2016 PC Hearing). Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH # 2015061086, September 2016) per the Mitigation Monitoring and Reporting Program. 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. Signage Permits. A separate building permit shall be required for all signage. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. 10. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. All labels on the color and materials board and elevations shall be readable on the photographic prints. 13. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Building A: Main Walls, Santa Barbara smooth finish stucco, color Flintridge; Roof, Standing Seam Metal Roof, color Parchment; Trellis, Heavy Timber Wood Trellis with Corten Steel Facia; Verticle Siding, Butted Board 12" BD, color Hemlock Green; Base, Granite, Native Gray Rock Face. Building B: Main Walls, Santa Barbara smooth finish stucco, color Flintridge; Roof, Standing Seam Metal Roof, color Charcoal Gray; Vertical Board and Bat Siding, 2 1/2 Batt over 12" BD, color Autumn Red; Trellis, Heavy Wood Timber Trellis with Corten Steel Facia; Base, Granite, Native Gray Rock Face; Mechanical Screen, Coten Steel. Building C: Main Walls, Santa Barbara smooth finish stucco, color Desert Beige; Roof, Standing Seam Metal Roof, color Charcoal Gray; Trellis, Heavy Timber Wood with Corten Steel Facia; Trellis Support, Corten Steel pipe; Mechanical Screen, reclaimed barn wood, Base, Granite, Native Gray Rock Face. Building D: Main Walls, Santa Barbara Smooth Finish, color Flintridge; Roof, Standing Seam Metal Roof, color Charcoal Gray & Parchment; Vertical Siding, Butted Board 12" BD, color, Sable Brown; Stair Screen, Cementitious Board Smooth, color, Sable Brown; Roll -Up Doors, color El Cajon Silver 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to Final Map recording), which provides for cross -lot access and parking across all lots. 19. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 20. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 21. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 22. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 23. Class I Multi -Use Trails. Class I multi - use trails shall be provided as per the City of Temecula's Multi - Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. Class I multi -use trails shall be provided along Vallejo Avenue (Revised at 10/5/2016 PC Hearing). 24. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi- Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Class II bicycle lanes shall be provided along Temecula Parkway (Revised at 10/5/2016 PC Hearing). Prior to Issuance of Grading Permit 25. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 26. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 27. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Director of Community Development shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Community Development shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Community Development." 28. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 29. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 30. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 31. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 32. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 33. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 34. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. 35. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." 36. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit 37. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 38. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 39. Downspouts. All downspouts shall be internalized. 40. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 41. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 42. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 43. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 44. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 45. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 46. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 47. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 48. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 49. Hardscapinq. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 50. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 51. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 52. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 53. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 54. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. 55. Building Permit for Building B. Prior to issuance of a Building Permit for Building B, a Lot Line Adjustment or Parcel Merger or Parcel Map No. 36862 shall be approved and recorded Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 56. Letter of Substantial Conformance. The applicant shall submit a letter of substantial conformance, subject to field verification by the Director of Community Development or his/her designee. Said letter of substantial conformance shall be prepared by the project designer and shall indicate that all plant materials and irrigation system components have been installed in accordance with the approved final landscape and irrigation plans. Such letter of substantial conformance shall be submitted prior to scheduling for the final inspection. 57. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 58. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 59. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 60. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 61. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 62. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated August 28, 2014, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 63. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth in the County of Riverside Department of Environmental Healths transmittal dated August 14, 2016, a copy of which is attached. 64. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated October 22, 2014, a copy of which is attached. 65. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated October 17, 2014, a copy of which is attached. 66. General. The applicant shall comply with the recommendations set forth in the County Geologist transmittal dated April 14, 2015, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 67. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 68. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 69. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 70. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 71. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 72. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 73. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 74. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 75. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 76. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 77. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 78. Trail along Valleio Avenue. The 8 -foot wide D.G. trail along Vallejo Avenue shall be privately maintained. 79. Concurrent Approvals. The Applicant shall comply with all the underlying Conditions of Approval for Tentative Parcel Map No. 36862. Prior to Issuance of a Grading Permit 80. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 81. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from affected agencies. 82. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 83. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 84. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml 85. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 86. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 87. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. 88. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 89. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 90. Geological Report. The developer shall obtain approval from the County Geologist. 91. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 92. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 93. Site Access and Onsite Circulation. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct the following project access improvements at the Bedford Court -Gateway Drive/Temecula Parkway a. Northbound on Gateway Drive - One left -turn lane and one shared through/right-turn lane; and - Protected left -turn phasing. b. Southbound on Gateway Drive - Two left -turn lanes (limited to 110 feet in length due to location of on-site driveways); - One shared through/right-turn lane; and - Protected left -turn phasing. 94. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 95. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 96. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the CalTrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 97. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by CalTrans and Public Works. 98. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 99. Prior to Issuance of the first Building Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 100. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) RNV) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' R/W) to include dedication of half -width street right-of-way, installation of half -width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified — 66' R/W) to include dedication of half -width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway @ Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway @ La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. • Alternative 3: Provide $500,000 to the City for roundabout or traffic signal improvements. In addition, the Developer will acquire the right-of-way necessary for the construction of a roundabout. The Developer will dedicate said right-of-way to the City concurrent with the dosing of escrow for the purchase of the right-of-way. Developer will indemnify the City against any and all challenges, legal or otherwise, requiring acquisition of right-of-way and construction of roundabout or signal improvements. (Alternative 3 Added at the May 8, 2018 City Council Public Hearing) 101. Prior to Issuance of the last Building Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street/Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith Road/Temecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 102. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 103. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 104. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation(s) per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad(s). Prior to Issuance of a Certificate of Occupancy 105. Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 106. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 107. Final Map. Prior to issuance of the first Certificate of Occupancy, Parcel Map No. 36862 shall be approved and recorded. 108. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 109. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 110. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. BUILDING AND SAFETY DIVISION General Requirements 111. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 112. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 113. Green Measures. The applicant shall provide 10% voluntary green measures on the project, as stipulated by the 2013 California Green Building Standards. 114. Disabled Access. Applicant shall provide details of all applicable disabled access provisions and building setbacks on plans to include: a. All ground floor units to be adaptable. b. Disabled access from the public way to the main entrance of the building. c. Van accessible parking located as close as possible to the main entry. d. Path of accessibility from parking to furthest point of improvement. e. Path of travel from public right-of-way to all public areas on site, such as club house, trash enclose tot lots and picnic areas. 115. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. AH streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 116. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 117. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 118. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 119. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 120. Demolition. Demolition permits require separate approvals and permits. 121. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 122. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 123. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. At Plan Review Submittal 124. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. c. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 125. Onsite Water and Sewer Plans. On site water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 126. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 127. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 128. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 129. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020) 130. Fire Hydrant Clearance. As required by the California Fire Code, when any portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet from a hydrant on a fire apparatus road, as measured by an approved route around the exterior of the facility or building, on-site fire hydrants and mains shall be provided where required by the fire code official. (CFC Chapter 5) 131. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 132. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020) Prior to Issuance of Grading Permit(s) 133. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 134. Two Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau. The second point of access off of Vallejo Drive will be for emergency access only and will be equipped with a knox rapid entry system. (CFC Chapter 5) 135. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). 136. Turning Radius. Dead end fire lanes, roadways and streets in excess of 150 feet which have not been completed shall have a turnaround capable of accommodating fire apparatus with an outside turning radius of 45 -feet. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 137. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the hydrants supplying the site. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 138. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. A set of plans are required for each building. 139. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. A set of plans are required for each building. Prior to Issuance of Certificate of Occupancy 140. Gates and Access. All manual and electronic gates on required Fire Department access roads or gates obstructing Fire Department building access shall be provided with the Knox Rapid entry system for emergency access by fire fighting personnel (CFC Chapter 5). 141. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 142. Knox Box. A "Knox -Box" shall be provided for each building. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 143. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 144. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 145. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 146. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 147. Berm Height. Berms shall not exceed three feet in height. 148. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 149. Exterior Door Lightinq. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 150. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 151. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 152. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 153. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 154. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 155. Roof Hatches. All roof hatches shall be painted "International Orange." 156. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 157. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 158. ADA Parking. All disabled parking stalls on the premises shall be marked in accordance with Section 22511.8 of the California Vehicle Code. 159. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 160. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 161. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. WARREN D. WILLIAMS General Manager -Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, California 92589-9033 Attention: Eric Jones RIVERSIDE COUNTY FLOOD (_ (_)ANT! ( AND WATER CONSERVATION Di -;-1 t r A ..,ate r "1 , .••L: 163553 Ladies and Gentlemen: Re: PAI4-0167 f he District does not normally recommend condition for land divisions or other land use cases in incorporated cities. I District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases arc normally limited to hems of specific interest to the District including District Master Drainage Plan facilities. other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system. and District Area Drainage Plan fees (development mitigation fees). In addition. information of a general nature is provided. The District has not reviewed the proposed project in detail and the following checked comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: No comment. X This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. This project involves District Master Plan facilities. The District will accept ownership of such facilities on written request of the City. Facilities must be constructed to District standards, and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. This project proposes channels. storm drains 36 inches or larger in diameter or other facilities that could be considered regional in nature and/or a logical extension of the adopted Master Drainage Plan. The District would consider accepting ownership of such T rltties on written request of the Cit . Facilities must be constructed to District standards. and District plan check and inspection will be required for District acceptance. Plan check, inspection and administrative fees will be required. X This project is located within the limits of the District's Murrieta Creykflemegyila Vallz Arca Drainage Plan for which drainage fees have been adopted; applicable fees sh fJbe paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. E'ees to be paid should be at the rate in effect at the time of issuance of the actual permit. An encroachment permit shall be obtained for any construction related activities occurring within District right of way or facilities. For further inforination, contact the District's encroachment permit section at 951.955.1266. GENERAL INFORMATION This project may require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a Federal Emergency Management Agency (FEMA) mapped flood plain, then the City should require the applicant to provide all studies. calculations, plans and other information requited to meet FEMA requirements. and should further require that the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project. and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped flood plain is impacted by this project, the City should require the applicant to obtain a Section 1602 Agreement from the California Department of Fish and Game and a Clean Water Act Section 404 Permit from the U.S. Array Corps of Engineers. or written correspondence from these agencies indicating the project is exempt from (hese requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. Very truly yours, c: Riverside County Planning Department Attn: Kristi Lovelady SKM:blm ` ff.'" f'O1, V Engineering Project Manager Date: August 28, 2014 RECEIVED C'OLN('YO1� M RSAC DEPARTMENT OF ENVIRONMENTSC EALTI 4/414. Steve Van Stockum, Director August 14, 2014 City of Temecula Planning Department Attn: Eric Jones P.O. Box 9033 Temecula, CA 92589-9033 SUBJECT: CITY OF TEMECULA — PLANNING APPLICATION (PA) 14-0167 GATEWAY PDO AMENDMENT (APN 922-170-013) Dear Mr. Jones: The project listed in the subject heading of this letter is proposing a Zoning Amendment application to change the zoning of four parcels generally located at the northwest comer of Temecula Parkway and La Paz from Professional Office to Planned Development Overlay District ("PDO -13") for retail, gas station, and hotel uses. In accordance with the agreement between the County of Riverside, Department of Environmental Health (DEH) and the City of Temecula, DEH has completed its review of the project and has no objections. Please be advised that DEH reserves the right to regulate in accordance with County Ordinances should further information indicate the requirements. Should you have any questions regarding this letter, please contact me at (951) 955-8980. Michael Mistica, MBA, REHS County of Riverside, Department of Environmental Health Environmental Protection and Oversight Division Land Use and Water Resources Program — Planning Review 3880 North Lemon Street, Suite 200 Riverside, CA 92501 Office Locations • Blythe • Corona • Hemet • Indio • Murrieta • Palm Springs • Riverside • Phone: (888)722-4234 www.rivcoeh.org Board of Direcrorc President Pt.. ip Pa 1 Vice President Rand A R cop! Jsepti 1 Kuebier, 1' Djv'd J Sluwson Ronald W SOHlvan General Manager Paul D Jones 11, P F Treaswrer Joseph J Koehler CPA Director of The Metropolitan Water District of So. Calif Randy A Record Board Secretary and Assistant to the General Manager Rosemarie V Howard Legal Counsel Lemieux & O'Neill October 22, 2014 EASTERN MUNICIPAL WATFR f}ISTR ICI SINLI 1950 CITY OF TEMECULA PLANNING DEPT 41000 MAIN STREET TEMECULA , CA 92590 Dear CITY OF TEMECULA PLANNING DEPT: Re: SAN53 — Will Serve APN 922-170-012 thru 015 — GATEWAY TO TEMECULA Eastern Municipal Water District (EMWD) is willing to provide sewer service to the subject project. The provisions of service are contingent upon the developer completing the necessary arrangements in accordance with EMWD rules and regulations. EMWD expects the developer to provide proper notification when a water demand assessment is required pursuant to Senate Bill 221 and/or 610. EMWD expects the developer to coordinate with the approving agency for the proper notification. Further arrangements for the service from EMWD may also include plan check, facility construction, inspection, jurisdictional annexation, and payment of financial participation charges. The developer is advised to contact EMWD's New Business Development Department early in the entitlement process to determine the necessary arrangements for service, and to receive direction on the preparation of a facility Plan -of -Service, which is required prior to final engineering. EMWD's ability to serve is subject to limiting conditions, such as regulatory requirements, legal issues, or conditions beyond EMWD's control. Expiation one year fiom date of issue Thank you for your cooperation in serving our mutual customers. If you have any questions, please call me at (951) 928-3777, extension 4447. Fred Azimie Civil Engineering Associate II Eastern Municipal Water District 4fuilirrti Addresv: Po t Office Box 831(. Perri;, CA 925 2-8300 Telephone (95: J 928-3777 Fax 1951) L7.8.61 Location; 2270 1 -rumble Road Perris. 6•A 92370 Internet . www_f:mwd,ory Rancho Water -..o t1 ••,. F? -d: Mau. _«, r f w 4*4. o... October 17, 2014 Eric Jones City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 SUBJECT: WATER AVAILABILITY LOT NOS. 1, 2, 3, AND 4 OF TRACT MAP NO. 3750; PLANNING APPLICATION NO. 14-0167; APNS 922-170- 012, 922.170-013, 922-170-014, AND 922-170-015 [PACIFIC REAL ESTATE LLC & B&P OIL SERVICES! Dear Mr. Jones: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts existing 30 -inch and 36 -inch diameter water pipelines (1305 Pressure Zone) within Temecula Parkway, existing 12 - inch and 24 -inch diameter water pipelines (1305 Pressure Zone) within La Paz Street, an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within Vallejo Avenue, and an existing 20 -inch diameter recycled pipeline (1380 Pressure Zone) within Temecula Parkway. Vacant Long -Term water service to the subject project/property exists for Lot No. 1 under Account No. 1111, Lot No. 3 under Account No. i, and Lot No. 4 (under Account No. ; meter reinstallation fees/deposits may apply. Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWI) and the property owner. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such `common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Water availability is contingent upon the property owner(s) destroying all on- site wells and signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. Eric Jones/City of Temecula October 17, 2014 Page Two In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Please note that separate water meters will be required for all landscape irrigation. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board and/or health department requirements. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT xr Kim Kerckhoff Engineering Services Representative cc:: Corey Wallace, Engineering Manager -Design Warren Back, Engineering Manager -Planning Heath McMahon, Construction Contracts Manager Corry Smith, Engineering Services Supervisor Vicky Phillips, c/o MDMG, Inc. 14UCK:hab0I21F4501FEG " Oq... •st Fut'rwn: 959552757 Pogo: 1)2 D. 4/14420123' RIVERSIDE PLANNING DEPARTMENT Steven Weiss Planning Director April 14, 2015 City of Temecula Planning Department FAX: (951) 694-6477 Attention: Eric Jones RE: GFA02395 Approval Comments Gateway to Temecula City of Temecula Case No. PA14-0167 Pages 2 (Wel:Ming this cover) County Geologic Report (GEO) No. 2395, submitted for this Temecula Gateway Development Plan in the City of Temecula (PA14-0167) was prepared by Geo Environ Geotechnical & Environmental Eng. Consultants, Inc. and is entitled: "Preliminary Geotechnical 8c Geologic InvestigationPor r Foundation o Design Proposed Commercial Development, NW Corner of Temecula Parkway &i s Temecula, Riverside County, California", dated October 17, 2014. In addition, Geo Environ Geotechnical & Environmental Eng. Consultants, Inc.submi ed the foil NW Comer of Temecula "Response to Soil & Geology Report Comment byCounty 24, 20. Parkway and La Paz Road, Temecula RSCO, CRlifoxnia", dated February These documents are herein incorporated as a part of GE002395. GE002395 concluded: 1: An active; fault line b.as not been identified at the site proper. 2. The potential for fault line rupture is extremely unlikely. 3_ The site in general is not susceptible to liquefaction. 4. Soils on the site have low expansion potential. 5. Subsidence due to grading is estimated to be .1 feet. 6. The site is located outside of the flood hazard zone. GEg02395 recommended: be demolished and 1. Prior to general grading operations, the existing structures on the site shall the debris hauled off the site - 2. The proposed building arcas shall be overexaeavated to a depthich 0 feet ist clow thegreater pro ep acdd finished grade, or 3 feet below the proposed footing bottoms, as a certified compacted till. Desert Office 77588 a Oun*Cotart Riverside Office • 4080 Lemon Street, 12th Floor Patrn Desert, California 92211 P o. Box 1405, Riverside, California 92502-1409 (760) 883.8277. Fax (760)883-7556 This_fax was received by GFI FaxMaker fax server. For more information, visit: http!/www.gfLcom Baa i:9731 Ftg flan' 95,1P5r67 Pape;1/2 Date:1 1 1` u.'. N - GEO No. 2395 satisfies the requirement for a geologic/geotechnical study for Plamaing/CEQA purposes. GEO No. 2395 is hereby accepted for planning purposes. Engineering and other Uniform Building Code parameters were not included as a part of this review or approval. This approval is not intended and should not be misconstrued as approval for grading permit. Engineering and other building code parameters should be reviewed and additional comments and or conditions may be unposed by the City upon application for grading and/or building permits. Thank you for the opportunity to review this case for the City of Temecula. Please call me at (951) 955-6863 if you have any questions. Sincerely, RIVERSIDE COUNTY PLANNING DEPARTMENT Steven Weiss, Planning Director nes, CEG No. 2283 Engineering Geologist, TLMA-Planning cc: Temecula File: PA14-0167 MJMG, Attn: Larry Markham, Fa.: (951)296-3476 0E002395 B:\GeologylTeulccula RevlovrslC}1:02395 Approval PA14-0167.docx This fax was received by GFI FaxMaker fax server. For more information, visit http:l/www.gfi.com EXHIBIT B CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA14-2708 Project Description: Temecula Gateway Tentative Parcel Map: A Tentative Parcel Map for the creation of six lots from four existing lots. The project is generally located on the north west corner or La Paz and Temecula Parkway. Assessor's Parcel No.: 922-170-013 922-170-012 922-170-015 922-170-014 MSHCP Category: Commercial DIF Category: Retail Commercial TUMF Category: Retail Commercial Quimby Category: Non -Residential Project New Street In -lieu of Fee: Not Located within Uptown Temecula Specific Plan Approval Date: November 15, 2016 Expiration Date: November 15, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within 3 years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the begining of substantial utilization contemplated by this approval or use of the property in conformance with a conditional use permit (Revised at 10/5/2016 PC Hearing). 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within the prepared EIR (SCH 2015061086, September 2016) per the Mitigation Monitoring and Reporting Program. 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 8. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to the Final Map recording), which provides for cross -lot access and parking across all lots. 9. Subdivision Map Act. The tentative subdivision shall comply with the State of California Subdivision Map Act and to all the requirements of Ordinance No. 460, unless modified by the conditions listed below. An Extension of Time may be approved in accordance with the State Map Act and City Ordinance, upon written request, if made 60 days prior to the expiration date. 10. Subdivision Phasing. If subdivision phasing is proposed, a phasing plan shall be submitted to and approved by the Community Development Director. 11. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temeculas Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. Class I Multi -Use Trails shall be provided along Vallejo Avenue (Revised at 10/50/2016 PC Hearing) 12. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Class II bicycle lanes shall be provided along Temecula Parkway (Revised at 10/5/2016 PC Hearing) Prior to Issuance of Building Permit 13. Building B Building Permit. Prior to issuance of a Building Permit for Building B, a Lot Line Adjustment or Parcel Merger or Parcel Map No. 36862 shall be approved and recorded Prior to Recordation of the Final Map 14. Final Map. A copy of the Final Map shall be submitted to, and approved by, the Planning Division. 15. Environmental Constraint Sheet. A copy of the Environmental Constraint Sheet (ECS) shall be submitted to, and approved by, the Planning Division with the following notes: a. This property is located within 30 miles of Mount Palomar Observatory. All proposed outdoor lighting systems shall comply with the California Institute of Technology, Palomar Observatory recommendations, Ordinance No. 655. b. Environmental Impact Report (EIR) SCH No. 2015061086 was prepared for this project and is on file at the City of Temecula Planning Division. c. This project is within a Liquefaction Hazard Zone. d. This project is within a Subsidence Zone. 16. Submittal of CC&Rs. A copy of the Covenants, Conditions, and Restrictions (CC&Rs) shall be submitted and approved by the Director of Community Development. The CC&Rs shall include liability insurance and methods of maintaining open space, recreation areas, parking areas, private roads, exterior of all buildings, and all landscaped and open areas, including parkways. Applicants shall provide a deposit in the amount of $3,750 for the review of new CC&Rs. Amended CC&Rs will require a deposit of $2,000. The applicant shall be responsible for all costs incurred during the review of the CC&Rs and additional fees may be required during the course of the review. 17. Form and Content of CC&Rs. The CC&Rs shall be in the form and content approved by the Director of Community Development, City Engineer, and the City Attorney, and shall include such provisions as are required by this approval and as said officials deem necessary to protect the interests of the City and its residents. 18. Preparation of CC&Rs. The CC&Rs shall be prepared at the developer's sole cost and expense. 19. Review of CC&Rs. The CC&Rs and Articles of Incorporation of the Property Owners Association are subject to the approval of the Director of Community Development, Public Works Director, and the City Attorney. 20. CC&Rs and Management/Maintenance of Common Areas. The CC&Rs shall provide for the effective establishment, operation, management, use, repair, and maintenance of all common areas, drainage facilities, and pollution prevention devices outlined in the project's Water Quality Management Plan. 21. CC&Rs and Public Nuisance. The CC&Rs shall provide that the property shall be developed, operated, and maintained so as not to create a public nuisance. 22. Termination of CC&Rs. The CC&Rs shall provide that the association may not be terminated without prior City approval. 23. CC&Rs and Maintenance of Property. The CC&Rs shall provide that if the property is not maintained in the condition required by the CC&Rs, then the City, after making due demand and giving reasonable notice, may enter the property and perform, at the owner's sole expense, any maintenance required thereon by the CC&Rs or the City Ordinances. The property shall be subject to a lien in favor of the City to secure any such expense not promptly reimbursed. 24. Interest in Association. Every owner of a suite or lot governed by CC&Rs shall own as an appurtenance to such suite or lot, either: (1) an undivided interest in the common areas and facilities, or (2) a share in the corporation, or voting membership in an association owning the common areas and facilities. 25. Maintenance of Open Areas. All open areas and landscaping governed by CC&R shall be permanently maintained by the association or other means acceptable to the City. Such proof of this maintenance shall be submitted to the Planning Divisions and Public Works Department prior to the issuance of building permits. 26. Reciprocal Easements. Reciprocal access easements and maintenance agreements ensuring access to all parcels and joint maintenance of all roads, drives, parking areas, drainage facilities, and water quality features, shall be provided by the CC&Rs or by deeds and shall be recorded concurrent with the map or prior to the issuance of building permit where no map is involved. 27. Consent of City of Temecula. An Article must be added to every set of CC&Rs, following the Declarant's signature, to read as follows: CONSENT OF CITY OF TEMECULA The Conditions of Approval for Tentative Tract Map No. (insert #) require the City of Temecula to review and approve the CC&Rs for the Parcel. The City's review of these CC&Rs has been limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessments, enforcement of assessments, resolutions of disputes or procedural matters. Subject to the limitations set forth herein, the City consents to the CC&Rs. Luke Watson Director Community Development Approved as to Form: Peter M. Thorson City Attorney 28. Consent of City of Temecula. An Article must be added to every set of CC&Rs to read as follows: Article CONSENT OF CITY OF TEMECULA 1. The Conditions of Approval of Tentative Parcel Map Number 36862 requires the City to review and approve the CC&Rs for the Parcel. 2. Declarant acknowledges that the City has reviewed these CC&Rs and that its review is limited to a determination of whether the proposed CC&Rs properly implement the requirements of the Conditions of Approval for the Parcel. The City's consent to these CC&Rs does not contain or imply any approval of the appropriateness or legality of the other provisions of the CC&Rs, including, without limitation, the use restrictions, private easements and encroachments, private maintenance requirements, architecture and landscape controls, assessment procedures, assessment enforcement, resolution of disputes or procedural matters. 3. In the event of a conflict between the Conditions of Approval of the land use entitlements issued by the City for the Parcel or Federal, State, or local laws, ordinances, and regulations and these CC&Rs, the provisions of the Conditions of Approval and Federal, State or local laws, ordinances, and regulations shall prevail, notwithstanding the language of the CC&Rs. 4. These CC&Rs shall not be terminated, amended or otherwise modified without the express written consent of the Director Community Development of the City of Temecula. 29. Operation of Association. No lot or suite in the development shall be sold unless a corporation, association, property owners group or similar entity has been formed with the right to assess all properties individually owned or jointly owned which have any rights or interest in the use of the common areas and common facilities in the development, such assessment power to be sufficient to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded CC&Rs, which shall include compulsory membership of all owners of lots and/or suites and flexibility of assessments to meet changing costs of maintenance, repairs, and services. Recorded CC&Rs shall permit enforcement by the City for provisions required as Conditions of Approval. The developer shall submit evidence of compliance with this requirement to, and receive approval of, the City prior to making any such sale. This condition shall not apply to land dedicated to the City for public purposes. 30. Recordation of CC&Rs. CC&Rs shall be finalized and recorded at the time of Final Map Recordation. 31. Copies of CC&Rs. Three copies of the final recorded CC&Rs shall be provided to the Planning Division. 32. Public Access Easement. A public access easement shall be provided, on the final map, for the trail located along Vallejo Road. Outside Agencies 33. General. The project must comply with all requirements set forth by Southern California Edison's letter dated July 22, 2016, a copy of which is attached herein. PUBLIC WORKS DEPARTMENT General Requirements 34. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 35. Subdivision Map. The developer shall submit a complete Parcel Map submittal for review and approval. Any omission to the representation of the site conditions may require the plans to be resubmitted for further review and revision. 36. Grading Permit. A grading permit for rough and/or precise grading shall be obtained from Public Works prior to commencement of any construction within private property. Grading shall be in accordance with the approved grading plan, grading permit conditions and City codes/standards. 37. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 38. PW -005: Improvement Plans. The developer shall submit improvement plans (to include public/private street plans, storm drain plans, traffic signal plans, signage and striping plans, etc.) as required for review and approval by Public Works. The designs shall be in compliance with CalTrans, Riverside County Flood Control and Water Conservation District and City codes/standards. 39. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 40. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 41. Trail along Vallejo Avenue. The 8 -foot wide decomposed granite trail along Vallejo Avenue shall be privately maintained. Prior to Recordation of the Final Map 42. Plans, Agreements & Securities. The developer shall have approved improvement plans, executed subdivision improvement agreements and posted securities. 43. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered for dedication to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 44. Environmental Constraint Sheet (ECS). The developer shall prepare and record an ECS with the Final or Parcel Map to delineate identified environmental concerns. The developer shall comply with all constraints per the recorded ECS along with any underlying maps related to the property. 45. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from the following agencies: a. CalTrans; b. Riverside County Flood Control and Water Conservation District; c. Rancho California Water District; d. Eastern Municipal Water District; or other affected agencies 46. Right of Access. Relinquish and waive right of access on the Parcel Map as delineated on the approved Tentative Parcel Map: a. Temecula Parkway with the exception one 60 -foot wide opening; b. La Paz Street with no opening; and c. Vallejo Avenue with the exception of one 30 -foot wide opening. 47. Existing/Current Easements. All underlying existing and/or current easements encumbering the property shall be vacated/abandoned/relinquished respectively with separate instruments or upon recordation of the Parcel Map. 48. Easements. Note the following: a. A note shall be added to the Parcel Map stating: "Drainage easements shall be kept free of buildings and obstructions." 49. Public Street Improvements and Securities. The developer shall design and guarantee construction (i.e., posting of security and entering into agreements) of the following public improvements to the City's General Plan standards unless otherwise noted. Plans shall be approved by Public Works. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) RNV) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) RNV) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) RNV) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' R/W) to include dedication of half -width street right-of-way, installation of half -width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified — 66' RNV) to include dedication of half -width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway @ Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway @ La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. • Alternative 3: Provide $500,000 to the City for roundabout or traffic signal improvements. In addition, the Developer will acquire the right-of-way necessary for the construction of a roundabout. The Developer will dedicate said right-of-way to the City concurrent with the closing of escrow for the purchase of the right-of-way. Developer will indemnify the City against any and all challenges, legal or otherwise, requiring acquisition of right-of-way and construction of roundabout or signal improvements. (Alternative 3 Added at the May 8, 2018 City Council Public Hearing) 50. Undergrounding Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements. 51. Undergrounding Utility Systems. All utility systems including gas, electric, telephone, water, sewer and cable TV shall be provided underground (with the required easements); and shall be designed and constructed in accordance with City codes and utility provider's standards. Telephone, cable TV and/or security systems shall be pre -wired in the residence. The developer shall notify the City's cable TV franchisees of the Intent to Develop. Conduit shall be installed to cable TV standards at time of street improvements. 52. Acquisition of Offsite Property. The developer shall make a good faith effort to acquire required offsite property interests, and if he or she should fail to do so, the developer shall, prior to submittal of the Tract or Parcel Map for recordation, enter into an agreement to complete the improvements pursuant to Subdivision Map Act, Sections 66462 and 66462.5. The agreement shall provide for payment by the developer of all costs incurred by the City to acquire the offsite property interests required in connection with the subdivision. Security of a portion of these costs shall be in the form of a cash deposit in the amount given in an appraisal report obtained by the developer (at developer's cost). The appraiser shall be approved by the City prior to commencement of the appraisal. 53. Assessments. Pursuant to Section 66493 of the Subdivision Map Act, any subdivision, which is part of an existing Assessment District, must comply with the requirements of said section. The developer shall submit an application for reapportionment of any assessments with the appropriate regulatory agency. 54. Property Taxes. Any delinquent property taxes shall be paid. 55. Election Proceeding. The developer shall file a notice of intention with the Finance Department to initiate election proceedings for acceptance of street lighting into the appropriate maintenance program (Service Level B). All cost associated with this process shall be borne by the developer. 56. Parcel Geometry. The applicant shall submit an editable projected digital version of the parcel geometry in a drawing exchange format (pursuant to Riverside County standards). Prior to final approval, the City's GIS Division shall conduct quality control on the data to verify accuracy and compatibility. Prior to Issuance of a Grading Permit 57. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearance from affected agencies. 58. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all final WQMP water quality facilities and all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 59. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 60. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD). Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml 61. Water Quality Management Plan (WQMP) and O&M Agreement.. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 62. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 63. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 64. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 65. Geological Report. The developer shall obtain approval from the County Geologist. 66. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 67. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Building Permit(s) 68. Prior to Issuance of the first Building Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 69. Prior to Issuance of the last Building Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street/Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith Road/Temecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 70. Precise Grading Plan. A precise grading plan shall be submitted to Public Works for review and approval. The plan shall be in substantial conformance with the approved rough grading plan; and shall show all lot drainage directed to the driveway by side yard drainage swales independent of any other lot. The building pad shall be certified by a registered civil engineer for location and elevation; and the soils engineer shall issue a final soils report addressing compaction and site conditions. 71. Street lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. Prior to Issuance of a Certificate of Occupancy 72. Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 73. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 74. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 75. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 76. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 77. Final Map. Prior to the Issuance of the First Certificate of Occupancy, the Parcel Map shall be approved and recorded. FIRE PREVENTION General Requirements 78. Life Safety Conditions. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau under the Conditional Use Permits for this development and Development Plan. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. '3+ SI 1 pr,. (Ai iti ptvi.t EDISON City of Temecula 41000 Main Street Temecula, CA 92590 Attention: Planning Department Subject: Parcel Map No. 36862 July 22, 2016 Please be advised that the division of the property shown on Tract Map No. 36862 will not unreasonably interfere with the free and complete exercise of any facilities and/or easements held by Southem Califomia Edison Company within the boundaries of said map. This letter should not be construed as a subordination of the Company's rights, title and interest in and to said easement(s), nor should this letter be construed as a waiver of any of the provisions contained in said easement(s) or a waiver of costs for relocation of any affected facilities. In the event that the development requires relocation of facilities, on the subject property, which facilities exist by right of easement or otherwise, the owner/developer will be requested to bear the cost of such relocation and provide Edison with suitable replacement rights. Such costs and replacement rights are required prior to the performance of the relocation. If you have any questions, or need additional information in connection with the subject subdivision, please contact me at (909) 274-1087, cc: Utility Specialist Salvador Flores Title and Real Estate Services Real Properties EXHIBIT C CITY OF TEMECULA DRAFT CONDITIONS OF APPROVAL Planning Application No.: PA16-0090 Project Description: Assessor's Parcel No.: LA Fitness Development Plan: A Development Plan to allow for the construction of a 37,000 square foot LA Fitness facility located on the Temecula Gateway project site. Generally located on the northwest corner of Temecula Parkway and La Paz 922-170-012 922-170-013 MSHCP Category: Commercial DIF Category: Service Commercial TUMF Category: Service Commercial Quimby Category: N/A Non -Residential Project New Street In -lieu of Fee: Not Located within the Uptown Temecula Specific Plan Approval Date: November 15, 2016 Expiration Date: November 15, 2019 PLANNING DIVISION Within 48 Hours of the Approval 1. Filing Notice of Determination. The applicant/developer shall deliver to the Planning Division a cashiers check or money order made payable to the County Clerk in the amount of Three Thousand One Hundred and Twenty Hundred Dollars and Zero Cents ($3,120.00) which includes the Three Thousand and Seventy Dollars and Zero Cents ($3,070.00) fee, required by Fish and Wildlife Code Section 711.4(d)(3) plus the Fifty Dollars ($50.00) County administrative fee, to enable the City to file the Notice of Determination for the Environmental Impact Report required under Public Resources Code Section 21152 and California Code of Regulations Section 15904. If within said 48-hour period the applicant/developer has not delivered to the Planning Division the check as required above, the approval for the project granted shall be void by reason of failure of condition (Fish and Wildlife Code Section 711.4(c)). General Requirements 2. Indemnification of the City. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City and its attorneys from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. 3. Expiration. This approval shall be used within three years of the approval date; otherwise, it shall become null and void. Use means the beginning of substantial construction contemplated by this approval within the three year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval, or use of a property in conformance with a Conditional Use Permit (Revised at 10/5/2016). 4. Time Extension. The Director of Community Development may, upon an application being filed prior to expiration, and for good cause, grant up to five extensions of time, one year at a time. 5. Compliance with EIR. The project and all subsequent projects within this site shall comply with all mitigation measures identified within EIR No. 2015061086 (September 2016) per the Mitigation Monitoring and Reporting Program. 6. Conformance with Approved Plans. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Division. 7. Signage Permits. A separate building permit shall be required for all signage. 8. Landscape Maintenance. Landscaping installed for the project shall be continuously maintained to the reasonable satisfaction of the Director of Community Development. If it is determined that the landscaping is not being maintained, the Director of Community Development shall have the authority to require the property owner to bring the landscaping into conformance with the approved landscape plan. The continued maintenance of all landscaped areas shall be the responsibility of the developer or any successors in interest. 9. Burrowing Owl Study Submittal. A Burrowing Owl Study shall be submitted prior to plan check approval for the grading permit. 10. Water Quality and Drainage. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. To ensure compliance with this Condition of Approval: a. Spills and leaks shall be cleaned up immediately. b. Do not wash, maintain, or repair vehicles onsite. c. Do not hose down parking areas, sidewalks, alleys, or gutters. d. Ensure that all materials and products stored outside are protected from rain. e. Ensure all trash bins are covered at all times. 11. Paint Inspection. The applicant shall paint a three -foot -by -three-foot section of the building for Planning Division inspection, prior to commencing painting of the building. 12. Photographic Prints. The applicant shall submit to the Planning Division for permanent filing two 8" X 10" glossy photographic color prints of the approved color and materials board and the colored architectural elevations. AH labels on the color and materials board and elevations shall be readable on the photographic prints. 13. Materials and Colors. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by City staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. Main Walls, Merlex Stucco Santa Barbara Smooth Finish, colors, Desert Beige - Flintridge - Moonshadow - Terracotta; Board and Batten Siding, color, Sandstone; Accent Siding, Corten Steel; Trellis, Corten Steel; Accent Wall, Horizontal Seam Butted Board Siding, color, Sable Brown. 14. Modifications or Revisions. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. 15. Trash Enclosures. The trash enclosures shall be large enough to accommodate a recycling bin, as well as regular solid waste containers. 16. Trash Enclosures. Trash enclosures shall be provided to house all trash receptacles utilized on the site. These shall be clearly labeled on the site plan. 17. Covered Trash Enclosures. All trash enclosures on site shall include a solid cover and the construction plans shall include all details of the trash enclosures, including the solid cover. 18. Reciprocal Use Agreement. Parking for the project shall be shared across the site, including parking spaces in all lots that are a part of the project. If the project involves multiple lots, the applicant shall submit to the Planning Division a copy of a recorded Reciprocal Use Agreement (prior to Final Map recording), which provides for cross -lot access and parking across all lots. 19. Phased Construction. If construction is phased, a construction staging area plan or phasing plan for construction equipment and trash shall be approved by the Director of Community Development. 20. Construction and Demolition Debris. The developer shall contact the City's franchised solid waste hauler for disposal of construction and demolition debris and shall provide the Planning Division verification of arrangements made with the City's franchise solid waste hauler for disposal of construction and demolition debris. Only the City's franchisee may haul demolition and construction debris. 21. Public Art Ordinance. The applicant shall comply with the requirements of the City's Public Art Ordinance as defined in Section 5.08 of the Temecula Municipal Code. 22. Property Maintenance. All parkways, including within the right-of-way, entryway median, landscaping, walls, fencing, recreational facilities, and on-site lighting shall be maintained by the property owner or maintenance association. 23. Class I Multi -Use Trails. Class I multi -use trails shall be provided as per the City of Temecula's Multi -Use Trails and Bikeways Master Plan. The construction plans for the Class 1 trails shall be included on the perimeter landscape plans and constructed in concurrence with the installation of the landscaping. Class I Multi -Use Trails shall be provided along Vallejo Avenue (Revised at 10/5/2016 PC Hearing). 24. Class II Bicycle Lanes. Class II bicycle lanes, as specified in the City of Temecula Multi -Use Trails and Bikeways Master Plan, shall be identified on the street improvement plans, and constructed in concurrence with the street improvements. Class II bicycle lanes shall be provided along Temecula Parkway (Revised at 10/5/2016 PC Hearing) Prior to Issuance of Grading Permit 25. Placement of Transformer. Provide the Planning Division with a copy of the underground water plans and electrical plans for verification of proper placement of transformer(s) and double detector check valves prior to final agreement with the utility companies. 26. Placement of Double Detector Check Valves. Double detector check valves shall be installed at locations that minimize their visibility from the public right-of-way, subject to review and approval by the Director of Community Development. 27. Archaeological/Cultural Resources Grading Note. The following shall be included in the Notes Section of the Grading Plan: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Director of Community Development at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Director of Community Development shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Director of Community Development shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Director of Community Development." 28. Cultural Resources Treatment Agreement. The developer is required to enter into a Cultural Resources Treatment Agreement with the Pechanga Tribe. This Agreement will address the treatment and disposition of cultural resources and human remains that may be impacted as a result of the development of the project, as well as provisions for tribal monitors. 29. Discovery of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "If cultural resources are discovered during the project construction (inadvertent discoveries), all work in the area of the find shall cease, and a qualified archaeologist and representatives of the Pechanga Tribe shall be retained by the project sponsor to investigate the find, and make recommendations as to treatment and mitigation." 30. Archaeological Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "A qualified archaeological monitor will be present and will have the authority to stop and redirect grading activities, in consultation with the Pechanga Tribe and their designated monitors, to evaluate the significance of any archaeological resources discovered on the property." 31. Tribal Monitoring of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "Tribal monitors from the Pechanga Tribe shall be allowed to monitor all grading, excavation and groundbreaking activities, including all archaeological surveys, testing, and studies, to be compensated by the developer." 32. Relinquishment of Cultural Resources. The following shall be included in the Notes Section of the Grading Plan: "The landowner agrees to relinquish ownership of all cultural resources, including all archaeological artifacts that are found on the project area, to the Pechanga Tribe for proper treatment and disposition." 33. Preservation of Sacred Sites. The following shall be included in the Notes Section of the Grading Plan: "All sacred sites are to be avoided and preserved." 34. MSHCP Pre -Construction Survey. A 30 -day preconstruction survey, in accordance with MSHCP guidelines and survey protocol, shall be conducted prior to ground disturbance. The results of the 30 -day preconstruction survey shall be submitted to the Planning Division prior to scheduling the pre -grading meeting with Public Works. 35. Burrowing Owl Grading Note. The following shall be included in the Notes Section of the Grading Plan: "No grubbing/clearing of the site shall occur prior to scheduling the pre -grading meeting with Public Works. All project sites containing suitable habitat for burrowing owls, whether owls were found or not, require a 30 -day preconstruction survey that shall be conducted within 30 days prior to ground disturbance to avoid direct take of burrowing owls. If the results of the survey indicate that no burrowing owls are present on-site, then the project may move forward with grading, upon Planning Division approval. If burrowing owls are found to be present or nesting on-site during the preconstruction survey, then the following recommendations must be adhered to: Exclusion and relocation activities may not occur during the breeding season, which is defined as March 1 through August 31, with the following exception: From March 1 through March 15 and from August 1 through August 31 exclusion and relocation activities may take place if it is proven to the City and appropriate regulatory agencies (if any) that egg laying or chick rearing is not taking place. This determination must be made by a qualified biologist." 36. Rough Grading Plans. A copy of the Rough Grading Plans shall be submitted and approved by the Planning Division. Prior to Issuance of Building Permit 37. Parking Area Landscaping. The Landscaping and Irrigation Plans shall provide a minimum five-foot wide planter to be installed at the perimeter of all parking areas. Curbs, walkways, etc. are not to infringe on this area. 38. Transportation Uniform Mitigation Fee (TUMF). The City of Temecula adopted an ordinance on March 31, 2003 to collect fees for a Riverside County area wide Transportation Uniform Mitigation Fee (TUMF). This project is subject to payment of these fees at the time of building permit issuance. The fees are subject to the provisions of Chapter 15.08 of the Temecula Municipal Code and the fee schedule in effect at the time of building permit issuance. 39. Downspouts. All downspouts shall be internalized. 40. Building B Building Permit. Prior to issuance of a Building Permit for Building B, a Lot Line Adjustment or Parcel Merger or Parcel Map No. 36862 shall be approved and recorded 41. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 15, Chapter 15.06 of the Temecula Municipal Code and all its resolutions by paying the appropriate City fee. 42. Photometric Plan. The applicant shall submit a photometric plan, including the parking lot, to the Planning Division, which meets the requirements of the Development Code and the Riverside County Palomar Lighting Ordinance 655. The parking lot light standards shall be placed in such a way as to not adversely affect the growth potential of the parking lot trees. 43. Construction Landscaping and Irrigation Plans. Four (4) copies of Construction Landscaping and Irrigation Plans shall be reviewed and approved by the Planning Division. These plans shall be submitted as a separate submittal, not as part of the building plans or other plan set. These plans shall conform to the approved conceptual landscape plan, or as amended by these conditions. The location, number, height and spread, water usage or KC value, genus, species, and container size of the plants shall be shown. The plans shall be consistent with the Water Efficient Ordinance and Water Storage Contingency Plan per the Rancho California Water District. The plans shall be accompanied by the appropriate filing fee (per the City of Temecula Fee Schedule at time of submittal) and one copy of the approved Grading Plan. 44. Landscaping Site Inspections. The Landscaping and Irrigation Plans shall include a note stating, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 45. Agronomic Soils Report. The Landscaping and Irrigation Plans shall include a note on the plans stating, "The contractor shall provide two copies of an agronomic soils report at the first irrigation inspection." 46. Water Usage Calculations. The Landscaping and Irrigation Plans shall include water usage calculations per Chapter 17.32 of the Development Code (Water Efficient Ordinance), the total cost estimate of plantings and irrigation (in accordance with approved plan). Applicant shall use evapotranspiration (ETo) factor of 0.70 for calculating the maximum allowable water budget. 47. Landscape Maintenance Program. A landscape maintenance program shall be submitted to the Planning Division for approval. The landscape maintenance program shall detail the proper maintenance of all proposed plant materials to assure proper growth and landscape development for the long-term esthetics of the property. The approved maintenance program shall be provided to the landscape maintenance contractor who shall be responsible to carry out the detailed program. 48. Specifications of Landscape Maintenance Program. Specifications of the landscape maintenance program shall indicate, "Three landscape site inspections are required. The first inspection will be conducted at installation of irrigation while trenches are open. This will verify that irrigation equipment and layout is per plan specifications and details. Any adjustments or discrepancies in actual conditions will be addressed at this time and will require an approval to continue. Where applicable, a mainline pressure check will also be conducted. This will verify that the irrigation mainline is capable of being pressurized to 150 psi for a minimum period of two hours without loss of pressure. The second inspection will verify that all irrigation systems are operating properly, and to verify that all plantings have been installed consistent with the approved construction landscape plans. The third inspection will verify property landscape maintenance for release of the one-year landscape maintenance bond." The applicant/owner shall contact the Planning Division to schedule inspections. 49. Irrigation. The landscaping plans shall include automatic irrigation for all landscaped areas and complete screening of all ground mounted equipment from view of the public from streets and adjacent property for private common areas; front yards and slopes within individual lots; shrub planting to completely screen perimeter walls adjacent to a public right-of-way equal to 66 feet or larger; and, all landscaping excluding City maintained areas and front yard landscaping which shall include, but may not be limited to, private slopes and common areas. 50. Hardscapinq. The landscape plans shall include all hardscaping for equestrian trails and pedestrian trails within private common areas. 51. Precise Grading Plans. Precise Grading Plans shall be consistent with the approved rough grading plans including all structural setback measurements. 52. Building Construction Plans for Outdoor Areas. Building Construction Plans shall include detailed outdoor areas (including but not limited to trellises, decorative furniture, fountains, hardscape, etc.) to match the style of the building subject to the approval of the Director of Community Development. 53. Landscaping Requirement for Phased Development. If any phase or area of the project site is not scheduled for development within six months of the completion of grading, the landscaping plans shall indicate it will be temporarily landscaped and irrigated for dust and soil erosion control. 54. WQMP Landscape Compliance. The construction landscape plans shall be consistent with Appendix A, Table 31 of the Low Impact Development (LID) Manual for Southern California for plant materials and treatment facilities, and shall reference the approved precise grading plan for WQMP features. 55. Utility Screening. All utilities shall be screened from public view. Landscape construction drawings shall show and label all utilities and provide appropriate screening. Provide a three-foot clear zone around fire check detectors as required by the Fire Department before starting the screen. Group utilities together in order to reduce intrusion. Screening of utilities is not to look like an after -thought. Plan planting beds and design around utilities. Locate all light poles on plans and ensure that there are no conflicts with trees. Prior to Release of Power, Building Occupancy or Any Use Allowed by This Permit 56. Screening of Loading Areas. The applicant shall be required to screen all loading areas and roof mounted mechanical equipment from view of the adjacent residences and public right-of-ways. If upon final inspection it is determined that any mechanical equipment, roof equipment or backs of building parapet walls are visible from any portion of the public right-of-way adjacent to the project site, the developer shall provide screening by constructing a sloping tile covered mansard roof element or other screening reviewed and approved by the Director of Community Development. 57. Landscape Installation Consistent with Construction Plans. All required landscape planting and irrigation shall have been installed consistent with the approved construction plans and shall be in a condition acceptable to the Director of Community Development. The plants shall be healthy and free of weeds, disease, or pests. The irrigation system shall be properly constructed and in good working order. 58. Performance Securities. Performance securities, in amounts to be determined by the Director of Community Development, to guarantee the maintenance of the plantings in accordance with the approved construction landscape and irrigation plan, shall be filed with the Planning Division for a period of one year from final Certificate of Occupancy. After that year, if the landscaping and irrigation system have been maintained in a condition satisfactory to the Director of Community Development, the bond shall be released upon request by the applicant. 59. Installation of Site Improvements. All site improvements, including but not limited to, parking areas and striping shall be installed. 60. Compliance with Conditions of Approval. All of the foregoing conditions shall be complied with prior to occupancy or any use allowed by this permit. Outside Agencies 61. Flood Protection. Flood protection shall be provided in accordance with the Riverside County Flood Control Districts transmittal dated March 3, 2016, a copy of which is attached. The fee is made payable to the Riverside County Flood Control Water District by either a cashier's check or money order, prior to the issuance of a grading permit (unless deferred to a later date by the District), based upon the prevailing area drainage plan fee. 62. Compliance with Dept. of Environmental Health. The applicant shall comply with the recommendations set forth by the County of Riverside Department of Environmental Health. 63. Compliance with EMWD. The applicant shall comply with the recommendations set forth in the Eastern Municipal Water District's transmittal dated February 29, 2016, a copy of which is attached. 64. Compliance with RCWD. The applicant shall comply with the recommendations set forth in the Rancho California Water District's transmittal dated February 22, 2016, a copy of which is attached. PUBLIC WORKS DEPARTMENT General Requirements 65. Conditions of Approval. The developer shall comply with all Conditions of Approval, the Engineering and Construction Manual and all City codes/standards at no cost to any governmental agency. 66. Entitlement Approval. The developer shall comply with the approved site plan, the conceptual Water Quality Management Plan (WQMP) and other relevant documents approved during entitlement. Any significant omission to the representation of site conditions may require the plans to be resubmitted for further review and revision. 67. Precise Grading Permit. A precise grading permit for on site improvements (outside of public right-of-way) shall be obtained from Public Works. 68. Haul Route Permit. A haul route permit may be required when soils are moved on public roadways to or from a grading site. The developer/contractor is to verify if the permit is required. If so, he shall comply with all conditions and requirements per the City's Engineering and Construction Manual and as directed by Public Works. 69. Encroachment Permits. Prior to commencement of any applicable construction, encroachment permit(s) are required; and shall be obtained: a. from Public Works for public offsite improvements and b. from the California Department of Transportation (CalTrans) 70. Street Improvement Plans. The developer shall submit public/private street improvement plans for review and approval by Public Works. The plans shall be in compliance with Caltrans and City codes/standards; and shall include, but not limited to, plans and profiles showing existing topography, existing/proposed utilities, proposed centerline, top of curb and flowline grades. 71. Right -of -Way Dedications. All easements and/or right-of-way dedications shall be offered to the public or other appropriate agency and shall continue in force until the City accepts or abandons such offers. All dedications shall be free from all encumbrances as approved by Public Works. 72. Signing & Striping Plan. A signing & striping plan, designed by a registered civil engineer per the latest edition of Caltrans MUTCD standards, shall be included with the street improvement plans for approval. 73. Storm Drain Improvement Plans. The developer shall submit storm drain improvement plans if the street storm flows exceeds top of curb for the 10 -year storm event and/or is not contained within the street right-of-way for the 100 -year storm event. A manhole shall be constructed at right-of-way where a private and public storm drain systems connect. The plans shall be approved by Public Works. 74. Private Drainage Facilities. All onsite drainage and water quality facilities shall be privately maintained. 75. Parkway Landscaping. All parkway landscaping areas shall be privately maintained. 76. Trail along Vallejo Avenue. The 8 -foot wide D.G. trail along Vallejo Avenue shall be privately maintained. 77. Concurrent applications. The Applicant shall comply with all the underlying Conditions of Approval for Tentative Parcel Map No. 36862. Prior to Issuance of a Grading Permit 78. Environmental Constraint Sheet (ECS). The developer shall comply with all constraints per the recorded ECS with any underlying maps related to the subject property. 79. Required Clearances. As deemed necessary by Public Works, the developer shall receive written clearances/permits from affected agencies. 80. Grading/Erosion & Sediment Control Plan. The developer shall submit a grading/erosion & sediment control plan(s) to be reviewed and approved by Public Works. All plans shall be coordinated for consistency with adjacent projects and existing improvements contiguous to the site. The approved plan shall include all construction -phase pollution -prevention controls to adequately address non -permitted runoff. Refer to the City's Engineering & Construction Manual at: www.TemeculaCA.gov/ECM 81. Erosion & Sediment Control Securities. The developer shall comply with the provisions of Chapter 24, Section 18.24.140 of the Temecula Municipal Code by posting security and entering into an agreement to guarantee the erosion & sediment control improvements. 82. NPDES General Permit Compliance. The developer shall obtain project coverage under the State National Pollutant Discharge Elimination System (NPDES) General Permit for Construction Activities and shall provide the following: a. A copy of the Waste Discharge Identification Number (WDID) issued by the State Water Resources Control Board (SWRCB); b. The project's Risk Level (RL) determination number; and c. The name, contact information and certification number of the Qualified SWPPP Developer (QSD) Pursuant to the State Water Resources Control Board (SWRCB) requirements and City's storm water ordinance, a Storm Water Pollution Prevention Plan (SWPPP) shall be generated and submitted to the Board. Throughout the project duration, the SWPPP shall be routinely updated and readily available (onsite) to the State and City. Review www.cabmphandbooks.com for SWPPP guidelines. Refer to the following link: http://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.shtml 83. Water Quality Management Plan (WQMP) and O&M Agreement. The developer shall submit a final WQMP (prepared by a registered professional engineer) with the initial grading plan submittal, based on the conceptual WQMP from the entitlement process. It must receive acceptance by Public Works. A copy of the final project -specific WQMP must be kept onsite at all times. In addition, a completed WQMP Operation and Maintenance (O&M) Agreement shall be submitted for review and approval. Upon approval from City staff, the applicant shall record the O&M agreement at the County Recorder's Office in Temecula. Refer to the WQMP template and agreement link below: www.TemeculaCA.gov/WQMP 84. Area Drainage Plan (ADP) Fee to RCFC&WCD. The developer shall demonstrate to the City that the flood mitigation charge (ADP fee) has been paid to RCFC&WCD. If the full ADP fee has already been credited to this property, no new charge will be required. 85. Drainage. All applicable drainage shall be depicted on the grading plan and properly accommodated with onsite drainage improvements and water quality facilities, which shall be privately maintained. Alterations to existing drainage patterns or concentration and/or diverting flows is not allowed unless the developer constructs adequate drainage improvements and obtains the necessary permissions from the downstream property owners. All drainage leaving the site shall be conveyed into a public storm drain system, if possible. 86. Drainage Study. A drainage study shall be prepared by a registered civil engineer and submitted to Public Works with the initial grading plan check in accordance with City, Riverside County and engineering standards. The study shall identify storm water runoff quantities (to collect and convey the 100 -year storm event) from the development of this site and upstream of the site. It shall identify all existing or proposed offsite or onsite, public or private, drainage facilities intended to discharge this runoff. Runoff shall be conveyed to an adequate outfall capable of receiving the storm water runoff without damage to public or private property. The study shall include a capacity analysis verifying the adequacy of all facilities. Any upgrading or upsizing of drainage facilities necessary to convey the storm water runoff shall be provided as part of development of this project. a. The existing 24" CMP shall be removed and replaced with a 30" RCP within of the limits of Vallejo Avenue right-of-way, or as approved by the City Engineer. 87. Soils Report. A soils report, prepared by a registered soil or civil engineer, shall be submitted to Public Works with the initial grading plan submittal. The report shall address the site's soil conditions and provide recommendations for the construction of engineered structures and preliminary pavement sections. 88. Geological Report. The developer shall obtain approval from the County Geologist. 89. Letter of Permission/Easement. The developer shall obtain documents (letters of permission or easements) for any offsite work performed on adjoining properties. The document's format is as directed by, and shall be submitted to, Public Works for acceptance. The document information shall be noted on the approved grading plan. 90. Ingress/Egress Easement. The developer shall obtain an easement for ingress and egress over adjacent properties. The easement information shall be noted on the approved grading plan. 91. Sight Distance. The developer shall limit landscaping in the corner cut-off area of all street intersections and adjacent to driveways to provide for minimum sight distance and visibility. 92. Site Access and Onsite Circulation. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct the following project access improvements at the Bedford Court -Gateway Drive/Temecula Parkway a. Northbound on Gateway Drive - One left -turn lane and one shared through/right-turn lane; and - Protected left -turn phasing. b. Southbound on Gateway Drive - Two left -turn lanes (limited to 110 feet in length due to location of on-site driveways); - One shared through/right-turn lane; and - Protected left -turn phasing. 93. Habitat Conservation Fee. The developer shall comply with the provisions of Chapter 8.24 of the Temecula Municipal Code (Habitat Conservation) by paying the appropriate fee set forth in the ordinance or by providing documented evidence that the fees have already been paid. Prior to Issuance of Encroachment Permit(s) 94. Public Utility Agency Work. The developer shall submit all relevant documentation due to encroaching within City right-of-way; and is responsible for any associated costs and for making arrangements with each applicable public utility agency. 95. Traffic Control Plans. A construction area traffic control plan (TCP) will be required for lane closures and detours or other disruptions to traffic circulation; and shall be reviewed and approved by Public Works. The TCP shall be designed by a registered civil or traffic engineer in conformance with the latest edition of the Caltrans Manual on Uniform Traffic Control Devices (MUTCD) and City standards. 96. Improvement Plans. All improvement plans (including but not limited to street, storm drain, traffic) shall be reviewed and approved by Public Works. 97. Street Trenching. All street trenches shall conform to City Standard No. 407; refer to the City's Paving Notes. Prior to Issuance of Building Permit(s) 98. Prior to Issuance of the first Building Permit. All onsite and ensuing offsite infrastructure improvement plans shall be submitted for review and shall be approved by CalTrans and the City of Temecula. 99. Construction of Street Improvements. All street improvement plans shall be approved by Public Works. The developer shall start construction of all public and/or private street improvements, as outlined below, in accordance to the City's General Plan/Circulation Element and corresponding City standards. All street improvement designs shall provide adequate right-of-way and pavement transitions per Caltrans' standards to join existing street improvements. a. Temecula Parkway from Station 105+00 to Station 110+00 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping; including one designated left turn lane with minimum stacking length of 220 feet on eastbound Temecula Parkway, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. b. Temecula Parkway from Station 110+00 to Station 112+70 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include dedication of street right-of-way to accommodate the designated vehicular right turn lane, installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. c. Temecula Parkway from Station 112+70 to Station 117+47 (Urban Arterial (8 lanes divided) Standard No. 100B — 134' (min) R/W) to include installation (relocation of the existing improvements) of paving, curb and gutter, sidewalk, streetlights, drainage facilities, signing and striping, utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. d. La Paz Street along property frontage (Secondary Arterial (4 lanes undivided) Standard No. 102 — 88' R/W) to include dedication of half -width street right-of-way, installation of half -width street improvements, curb and gutter, sidewalk, drainage facilities, signing and striping and utilities (including but not limited to water and sewer). e. Vallejo Avenue (Collector (2 lanes undivided) Standard No. 103A Modified — 66' R/W) to include dedication of half -width street right-of-way, installation of paving to include full width street grind and overlay to the northerly edge of the existing pavement; drainage facilities, signing and striping, undergrounding of power poles and utilities (including but not limited to water and sewer) as shown on the approved Tentative Parcel Map. f. Temecula Parkway @ Bedford Court Traffic Signal Modification. The developer shall design and guarantee the modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and Bedford Court. Plans shall be submitted for review to CalTrans and the City of Temecula. Plans shall be approved by CalTrans. g. Temecula Parkway @ La Paz Street Traffic Signal Modification. The developer shall design and guarantee the signal modification and associated improvements to the traffic signal at the intersection of Temecula Parkway and La Paz Street. Plans shall be submitted for review and approval to the City of Temecula. h. La Paz Street/Ynez Road. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall construct one of following alternatives at the intersection of La Paz Street and Ynez Road Alternative 1: The developer shall design and guarantee the installation of a traffic signal at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 2: The developer shall design and guarantee the installation of a roundabout at the intersection of La Paz Street and Ynez Road along with the associated street improvements. Plans shall be submitted for review and approval to the City of Temecula. The Developer may be eligible for Development Impact Fee credits. Alternative 3: Provide $500,000 to the City for roundabout or traffic signal improvements. In addition, the Developer will acquire the right-of-way necessary for the construction of a roundabout. The Developer will dedicate said right-of-way to the City concurrent with the closing of escrow for the purchase of the right-of-way. Developer will indemnify the City against any and all challenges, legal or otherwise, requiring acquisition of right-of-way and construction of roundabout or signal improvements. (Alternative 3 Added at the May 8, 2018 City Council Public Hearing) 100. Prior to Issuance of the last Building Permit. In concurrence with the Traffic Study dated January 21, 2016, the Developer shall pay their fair share contribution toward the following improvements: a. La Paz Street/Temecula Parkway: Construction of a dedicated westbound right -turn lane with a minimum stacking length of 250 feet. b. Pechanga Parkway/Temecula Parkway: Restriping cost of westbound Temecula Parkway to provide the following lane geometrics: i. 3 westbound left -turn lanes; and ii. 3 westbound through lanes. c. Jedediah Smith Road/Temecula Parkway: Construction of a right -turn overlap at the southbound approach of the intersection. 101. Undergroundinq Wires. All existing and proposed electrical and telecommunication lines, except electrical lines rated 34KV or greater, shall be installed underground per Title 15, Chapter 15.04 of the Temecula Municipal Code and utility provider's standards. The developer is responsible for any associated costs, for making arrangements with each utility agency and for obtaining the necessary easements 102. Street Lights. The developer shall submit a completed SCE street light application, an approved SCE Streetlight Plan and pay the advanced energy fees. If not obtaining a building permit, this shall be done prior to installation of additional street lighting. All costs associated with the relocation of any existing street lights shall be paid by the developer. 103. Certifications. Certifications are required from the registered civil engineer -of -record certifying the building pad elevation per the approved plans and from the soil's engineer -of -record certifying compaction of the building pad. Prior to Issuance of a Certificate of Occupancy 104. Prior to Issuance of the first Certificate of Occupancy. All onsite and ensuing offsite infrastructure improvement plans shall be completed and operational. 105. Completion of Improvements. The developer shall complete all work per the approved plans and Conditions of Approval to the satisfaction of the City Engineer. This includes all on site work (including water quality facilities), public improvements and the executed WQMP Operation and Maintenance agreement. 106. Utility Agency Clearances. The developer shall receive written clearance from applicable utility agencies (i.e., Rancho California and Eastern Municipal Water Districts, etc.) for the completion of their respective facilities and provide to Public Works. 107. Replacement of Damaged Improvements/Monuments. Any appurtenance damaged or broken during development shall be repaired or removed and replaced to the satisfaction of Public Works. Any survey monuments damaged or destroyed shall be reset per City Standards by a qualified professional pursuant to the California Business and Professional Code Section 8771. 108. Certifications. All necessary certifications and clearances from engineers, utility companies and public agencies shall be submitted as required by Public Works. 109. Final Map. Prior to issuance of the first Certificate of Occupancy, Parcel Map No. 36862 shall be approved and recorded. BUILDING AND SAFETY DIVISION General Requirements 110. Final Building and Safety Conditions. Final Building and Safety conditions will be addressed when building construction plans are submitted to Building and Safety for review. These conditions will be based on occupancy, use, the California Building Code (CBC), and related codes which are enforced at the time of building plan submittal. 111. Compliance with Code. All design components shall comply with applicable provisions of the 2013 edition of the California Building, Plumbing and Mechanical Codes; 2013 California Electrical Code; California Administrative Code, 2013 California Energy Codes, 2013 California Green Building Standards, California Title 24 Disabled Access Regulations, and City of Temecula Municipal Code. 112. County of Riverside Mount Palomar Ordinance. Applicant shall submit, at time of plan review, a complete exterior site lighting plan showing compliance with County of Riverside Mount Palomar Ordinance Number 655 for the regulation of light pollution. All streetlights and other outdoor lighting shall be shown on electrical plans submitted to the Building and Safety Division. Any outside lighting shall be hooded and aimed not to shine directly upon adjoining property or public rights-of-way. 113. Street Addressing. Applicant must obtain street addressing for all proposed buildings by requesting street addressing and submitting a site plan for commercial or multi -family residential projects or a recorded final map for single-family residential projects. 114. Clearance from TVUSD. A receipt or clearance letter from the Temecula Valley Unified School District shall be submitted to the Building and Safety Department to ensure the payment or exemption from School Mitigation Fees. 115. Obtain Approvals Prior to Construction. Applicant must obtain all building plans and permit approvals prior to commencement of any construction work. 116. Obtaining Separate Approvals and Permits. Trash enclosures, patio covers, light standards, and any block walls will require separate approvals and permits. 117. Demolition. Demolition permits require separate approvals and permits. 118. Sewer and Water Plan Approvals. On-site sewer and water plans will require separate approvals and permits. 119. Hours of Construction. Signage shall be prominently posted at the entrance to the project, indicating the hours of construction, as allowed by the City of Temecula Municipal Ordinance 9.20.060, for any site within one-quarter mile of an occupied residence. The permitted hours of construction are Monday through Saturday from 7:00 a.m. to 6:30 p.m. No work is permitted on Sundays and nationally recognized Government Holidays. 120. House Electrical Meter. Provide a house electrical meter to provide power for the operation of exterior lighting, irrigation pedestals and fire alarm systems for each building on the site. Developments with single user buildings shall clearly show on the plans how the operation of exterior lighting and fire alarm systems when a house meter is not specifically proposed. 121. Protection of drains and penetration. Protection of joints and penetrations in fire resistance -rated assemblies shall not be concealed from view until inspected for all designed fire protection. Required fire seals/fire barriers in fire assemblies at fire resistant penetrations shall be installed by individuals with classification or certification covering the installation of these systems. Provide certification for the installation of each area and certification of compliance for Building Official's approval. At Plan Review Submittal 122. Submitting Plans and Calculations. Applicant must submit to Building and Safety four (4) complete sets of plans and two (2) sets of supporting calculations for review and approval including: a. An electrical plan including load calculations and panel schedule, plumbing schematic, and mechanical plan applicable to scope of work. b. A precise grading plan to verify accessibility for persons with disabilities. d. Truss calculations that have been stamped by the engineer of record of the building and the truss manufacturer engineer. Prior to Issuance of Grading Permit(s) 123. Onsite Water and Sewer Plans. Onsite water and sewer plans, submitted separately from the building plans, shall be submitted to Building and Safety for review and approval. 124. Demolition Permits. A demolition permit shall be obtained if there is an existing structure to be removed as part of the project. Prior to Issuance of Building Permit(s) 125. Plans Require Stamp of Registered Professional. Applicant shall provide appropriate stamp of a registered professional with original signature on the plans. Prior to Beginning of Construction 126. Pre -Construction Meeting. A pre -construction meeting is required with the building inspector prior to the start of the building construction. FIRE PREVENTION General Requirements 127. Fire Hydrants. The Fire Prevention Bureau is required to set minimum fire hydrant distances per CFC Appendix C. Standard fire hydrants (6" x 4" x (2) 2 1/2" outlets) shall be located on fire access roads and adjacent public streets. For all Commercial projects hydrants shall be spaced at 350 feet apart, and shall be located no more than 210 feet from any point on the street or Fire Department access road(s) frontage to a hydrant. The required fire flow shall be available from any adjacent hydrant(s) in the system. The fire line may be required to be a looped system. The upgrade of existing fire hydrants may be required (CFC Appendix C and Temecula City Ordinance 15.16.020). 128. Fire Dept. Plan Review. Final fire and life safety conditions will be addressed when building plans are reviewed by the Fire Prevention Bureau. These conditions will be based on occupancy, use, the California Building Code (CBC), California Fire Code (CFC), and related codes which are in force at the time of building plan submittal. 129. Fire Flow. The Fire Prevention Bureau is required to set a minimum fire flow for the remodel or construction of all commercial and residential buildings per CFC Appendix B. The developer shall provide for this project, a water system capable of delivering 4,000 GPM at 20 -PSI residual operating pressure for a 4 -hour duration for commercial projects. The fire flow as given above has taken into account all information as provided. (CFC Appendix B and Temecula City Ordinance 15.16.020). Prior to Issuance of Grading Permit(s) 130. Access Road Widths. Fire Department vehicle access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches (CFC Chapter 5 and City Ordinance 15.16.020). 131. Two Point Access. This development shall maintain two points of access, via all-weather surface roads, as approved by the Fire Prevention Bureau (CFC Chapter 5). 132. All Weather Access Roads. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be with a surface to provide all-weather driving capabilities. Access roads shall be 80,000 lbs. GVW with a minimum of AC thickness of .25 feet. In accordance with Section 3310.1, prior to building construction, all locations where structures are to be built shall have fire apparatus access roads. (CFC Chapter 5 and City Ordinance 15.16.020). Prior to Issuance of Building Permit(s) 133. Required Submittals (Fire Underground Water). The developer shall furnish three copies of the water system plans to the Fire Prevention Bureau for approval prior to installation for all private water systems pertaining to the fire service loop. Plans shall be signed by a registered civil engineer, contain a Fire Prevention Bureau approval signature block, and conform to hydrant type, location, spacing and minimum fire flow standards. Hydraulic calculations will be required with the underground submittal to ensure fire flow requirements are being met for the on-site hydrants. The plans must be submitted and approved prior to building permit being issued (CFC Chapter 33 and Chapter 5). 134. Required Submittals (Fire Sprinkler Systems). Fire sprinkler plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of sprinkler plans must be submitted by the installing contractor to the Fire Prevention Bureau. These plans must be submitted prior to the issuance of building permit. 135. Required Submittals (Fire Alarm Systems). Fire alarm plans shall be submitted to the Fire Prevention Bureau for approval. Three sets of alarm plans must be submitted by the installing contractor to the Fire Prevention Bureau. The fire alarm system is required to have a dedicated circuit from the house panel. These plans must be submitted prior to the issuance of building permit. Prior to Issuance of Certificate of Occupancy 136. Hydrant Verification. Hydrant locations shall be identified by the installation of reflective markers (blue dots) (City Ordinance 15.16.020). 137. Knox Box. A "Knox -Box" shall be provided. The Knox -Box shall be installed a minimum of six feet in height and be located to the right side of the fire riser sprinkler room (CFC Chapter 5). 138. Addressing. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Commercial buildings shall have a minimum of 12 -inch numbers with suite numbers being a minimum of six inches in size. All suites shall have a minimum of 6 -inch high letters and/or numbers on both the front and rear doors. (CFC Chapter 5 and City Ordinance 15.16.020). 139. Site Plan. The applicant shall prepare and submit to the Fire Department for approval, a site plan designating fire lanes with appropriate lane painting and/or signs (CFC Chapter 5). POLICE DEPARTMENT General Requirements 140. Landscape Height. The applicant shall ensure all landscaping surrounding all buildings are kept at a height of no more than three feet or below the ground floor window sills. Plants, hedges and shrubbery shall be defensible plants to deter would-be intruders from breaking into the buildings utilizing lower level windows. 141. Tree Pruning. The applicant shall ensure all trees surrounding all building rooftops be kept at a distance to deter roof accessibility by "would-be burglars." Since trees also act as a natural ladder, the branches must be pruned to have a six-foot clearance from the buildings. 142. Berm Height. Berms shall not exceed three feet in height. 143. Parking Lot Lighting. All parking lot lighting shall be energy saving and minimized after hours of darkness and in compliance with Title 24, Part 6, of the California Code of Regulations. 144. Exterior Door Lighting. All exterior doors shall have a vandal resistant light fixture installed above the door. The doors shall be illuminated with a minimum one -foot candle illumination at ground level, evenly dispersed. 145. Exterior Building Lighting. All lighting affixed to the exterior of buildings shall be wall mounted light fixtures to provide sufficient lighting during hours of darkness. 146. Outdoor Lighting During Non -Business Hours. The applicant shall comply with the Governor's order to address the power crisis. This order became effective March 18, 2001 calling for a substantial reduction from businesses to cut usage during non -business hours. The order, in part, states, "All California retail establishments, including, but not limited to, shopping centers, auto malls and dealerships, shall substantially reduce maximum outdoor lighting capability during non -business hours except as necessary for the health and safety of the public, employees or property." Failure to comply with this order following a warning by law enforcement officials shall be punishable as a misdemeanor with a fine not to exceed $1,000 in accordance with Title 24, Part 6, of the California Code of Regulations. 147. Commercial or Institutional Grade Hardware. All doors, windows, locking mechanisms, hinges, and other miscellaneous hardware shall be commercial or institution grade. 148. Graffiti Removal. Any graffiti painted or marked upon the buildings must be removed or painted over within 24 hours of being discovered. Report all such crimes to the Temecula Police 24-hour dispatch Center at (951) 696 -HELP. 149. Alarm System. Upon completion of construction, the buildings shall have a monitored alarm system installed and monitored 24 hours a day by a designated private alarm company to notify the Temecula Police Department of any intrusion. All multi -tenant offices/suites/businesses located within a specific building shall have their own alarm system. This condition is not applicable if the business is opened 24/7. 150. Roof Hatches. All roof hatches shall be painted "International Orange." 151. Rooftop Addressing. The construction plans shall indicate the application of painted rooftop addressing plotted on a nine -inch grid pattern with 45 -inch tall numerals spaced nine inches apart. The numerals shall be painted with a standard nine -inch paint roller using fluorescent yellow paint applied over a contrasting background. The address shall be oriented to the street and placed as closely as possible to the edge of the building closest to the street. 152. Public Telephones. Any public telephones located on the exterior of the buildings shall be placed in a well -lit, highly visible area, and installed with a "call -out only" feature to deter loitering. This feature is not required for public telephones installed within the interior of the buildings. 153. Crime Prevention Through Environmental Design. Crime prevention through environmental design as developed by the National Crime Prevention Institute (NCPI) supports the concept that "the proper design and effective use of the built environment can lead to a reduction in the fear and incidence of crime and an improvement in the quality of life." The nine primary strategies that support this concept are included as conditions below: a. Provide clear border definition of controlled space. Examples of border definition may include fences, shrubbery or signs in exterior areas. Within a building, the arrangement of furniture and color definition can serve as a means of identifying controlled space. b. Provide clearly marked transitional zones. Persons need to be able to identify when they are moving from public to semi-public to private space. c. Gathering or congregating areas to be located or designated in locations where there is good surveillance and access control. d. Place safe activities in unsafe locations. Safe activities attract normal users to a location and subsequently render the location less attractive to abnormal users due to observation and possible intervention. e. Place unsafe activities in safe locations. Placing unsafe activities in areas of natural surveillance or controlled access will help overcome risk and make the users of the areas feel safer. f. Redesign the use of space to provide natural barriers. Separate activities that may conflict with each other (outdoor basketball court and children's play area, for example) by distance, natural terrain or other functions to avoid such conflict. g. Improve scheduling of space. The timing in the use of space can reduce the risk for normal users and cause abnormal users to be of greater risk of surveillance and intervention. h. Redesign space to increase the perception of natural surveillance. Abnormal users need to be award of the risk of detection and possible intervention. Windows and clear lines -of -sight serve to provide such a perception of surveillance. i. Overcome distance and isolation. This strategy may be accomplished through improved communications (portable two-way radios, for example) and design efficiencies, such as the location of restrooms in a public building. 154. Business Security Survey. Businesses desiring a business security survey of their location can contact the Crime Prevention and Plans Unit of the Temecula Police Department at (951) 695-2773. 155. Questions Regarding Conditions. Any questions regarding these conditions should be directed to the Temecula Police Department Crime Prevention and Plans Unit at (951) 695-2773. WARREN D. WILLIAMS General Manager -Chief Engineer City of Temecula Planning Department Post Office Box 9033 Temecula, CA 92589-9033 Attention: Eric Jones RIVERSIDE COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT March 3, 2016 Ladies and Gentlemen: Re: PA 16-0090 1995 MARKET STREET RIVERSIDE, CA 92501 951,955.1200 FAX 951 788.9965 www,rcflood.org 202965 The District does not normally recommend conditions for land divisions or other land use cases in incorporated cities. The District also does not plan check city land use cases, or provide State Division of Real Estate letters or other flood hazard reports for such cases. District comments/recommendations for such cases are normally limited to items of specific interest to the District including District Master Drainage Plan facilities, other regional flood control and drainage facilities which could be considered a logical component or extension of a master plan system, and District Area Drainage Plan fees (development mitigation fees). In addition, information of a general nature is provided. The District has not reviewed the proposed project in detail and the following comments do not in any way constitute or imply District approval or endorsement of the proposed project with respect to flood hazard, public health and safety or any other such issue: 1. This project would not be impacted by District Master Drainage Plan facilities nor are other facilities of regional interest proposed. 2. This project is located within the Limits of the District's Murrieta Creek/Temecula Valley Area Drainage Plan for which drainage fees have been adopted; applicable fees should be paid by cashier's check or money order only to the Flood Control District or City prior to issuance of grading permits. Fees to be paid should be at the rate in effect at the time of issuance of the actual permit. GENERAL INFORMATION This project ,nay require a National Pollutant Discharge Elimination System (NPDES) permit from the State Water Resources Control Board. Clearance for grading, recordation or other final approval should not be given until the City has determined that the project has been granted a permit or is shown to be exempt. If this project involves a F:deral Emergency Management Agency (FEMA) mapped floodplain, the City should require the applicant to provide all stucies, calculations, plans and other information required to meet FEMA requirements, and should further require the applicant obtain a Conditional Letter of Map Revision (CLOMR) prior to grading, recordation or other final approval of the project, and a Letter of Map Revision (LOMR) prior to occupancy. If a natural watercourse or mapped floodplain is impacted by this project, the City should require the applicant to obtain a Sectior 1602 Agreement from the Califomia Department of Fish and Wildlife and a Clean Water Act Section 404 Permit from the U.S ^jmy Cotps of Engineers, or written correspondence from these agencies indicating the project is exempt from these requirements. A Clean Water Act Section 401 Water Quality Certification may be required from the local California Regional Water Quality Control Board prior to issuance of the Corps 404 permit. c: Riverside ^-r'.nty F1ann:ng Department Attn: K-isti Lovelady SKM:blm:rlp Very truly yours, HE$RYOLIVO Engineering Project Manager Board of Directors President Randy A. Record Vice President David J Slawson Directors Joseph 1. Kuebler, CPA Philip E Paule Ronald W Sullivan General Manager Paul D. Jones 11, P Treasurer Joseph J Kuebler, CPA Chairman of the Board The Metropolitan Water District of So. Calif Randy A. Record Legal Counsel Lemieux & O'Neill ,e.4 -*0/9114,44<< EASTERN WATER 1)1STR 1( February 29, 2016 City of Temecula 41000 Main Street Temecula, CA 92590 Attn: Eric Jones SINc.'E 19W Subject: LA Fitness Development Plan located at Temecula Gateway Project Site APN: 922-170-013 Location: NW corner of Temecula Parkway and La Paz The subject project requires water and sewer services from EMWD with the potential requirement for on-site and offsite facilities and associated easements to adequately serve the project demands from existing EMWD facilities. The details of said service connection points will be further detailed in a separate document, known as EMWD's Plan of Service (POS), to be developed by the project proponent. To that end, EMWD requires beginning dialogue with the project proponent at an early stage in site design and development, via a one-hour complimentary Due Diligence meeting. To set up this meeting, the project proponent should complete a Project Questionnaire (form NBD-058) and submit to EMWD. To download this form or for additional information, please visit our "New Development Process" web page, under the "Businesses" tab, at www ernwd.orq. This meeting will offer the following benefits: 1. Describe EMWD's development work -flow process 2. Identify project scope and parameters 3. Preliminary, high level review of the project within the context of existing infrastructure 4. Discuss potential candidacy for recycled water service Following the Due Diligence meeting, to proceed with this project, a POS will need to be developed by the developer's engineer, and reviewed/approved by EMWD prior to submitting improvement plans for Plan Check. The POS process will provide the following: 1. Technical evaluation of the project's preliminary design 2. Defined facility and easement requirements, i.e. approved POS 3. Potential facility oversizing and cost estimate of EMWD's participation 4. Exception: for feasibility evaluation of a purchase acquisition, only a conceptual facilities assessment may be developed. If you have questions or concerns, please do not hesitate to contact me. Sincerely, �, �� 4 Maroun El -Hage, M.S., P E.. Senior Civil Engineer Business Phone: 951-928-3777 Extension x4468 e-mail: El-hagem anemwd.org Mailing Address: Post Office Box 8300 Perris, CA 92572-8300 Telephone: (951) 928-3777 Fax: (951) 928-6177 Location: 2270 Trumble Road Perris, CA 92570 Internet: www.emwd.org Rancho water Board of Directors William E. Plummer President Ben R. Drake Senior Vice President Stephen .1. Corona Lisa D. Herman John E. Hoagland Danny J. Martin Bill J. Wilson Officers Jeffrey D. Armstrong General Manager Richard R. Aragon, CPEO Director of FinancefTreaswer Jason A. Martin Director of Administration Rich Ottolini, R.E.H.S., NISL Interim Director of Operations & Maintenance Andrew L. Webster, P.E. Chief Engineer Kelli E. Garcia District Secretary James B. Gilpin Best Best & Krieger LLP General Counsel )a,4- Are Co.F 44..2 5- (1. February 22, 2016 Eric Jones City of Temecula Planning Department 41000 Main Street Temecula, CA 92590 SUBJECT: WATER AVAILABILITY LA FITNESS; LOT NOS. 1 AND 2 OF TRACT MAP NO. 3750; APNS 922-170-013 AND 922-170-012; PA 16-0090 [SHERRIE MUNROE] Dear Mr. Jones: Please be advised that the above -referenced project/property is located within the service boundaries of Rancho California Water District (RCWD/District). The subject project/property fronts an existing 12 -inch diameter water pipeline (1305 Pressure Zone) within Vallejo Avenue and an existing 20 -inch diameter recycled water pipeline within Temecula Parkway. Please refer to the enclosed exhibit map. Water service to the subject project/property exists (under Account No. Location No. 2009373). Additions or modifications to water/sewer service arrangements are subject to the Rules and Regulations (governing) Water System Facilities and Service, as well as the completion of financial arrangements between RCWD and the property owner. Water service to individual lots will require the extension of water facilities within dedicated public and/or private right-of-ways. Individual water meters will be required for each lot and/or project unit, including separate water services/meters for domestic service, fire service, and landscape irrigation service, as applicable. Where private on-site water facilities (for water service, fire service, irrigation, or other purpose) will cross or will be shared amongst multiple lots/project units (only by special variance of the Rules and Regulations), and/or where such `common' facilities will be owned and maintained by a Property Owners' Association, RCWD requires execution and recordation of a Reciprocal Easement and Maintenance Agreement or equivalent document of covenants, codes, and restrictions. Water availability is contingent upon the property owner(s) signing an Agency Agreement that assigns water management rights, if any, to RCWD. In addition, water availability is subject to water supply shortage contingency measures in effect (pursuant to RCWD's Water Shortage Contingency Plan or other applicable ordinances and policy), and/or the adoption of a required Water Supply Assessment for the development, as determined by the Lead Agency. Rancho California Water District 42135 Winchester Road • Post Office Box 9017 • Temecula, California 92589-9017 • (951) 296-6900 • FAX (9.511296-6860 • www ranchowater.com Eric Jones/City of Temecula February 22, 2016 Page Two In accordance with Resolution 2007-10-5, the project/property will be required to use recycled water for all landscape irrigation, which should be noted as a condition for any subsequent development plans. Recycled water service, therefore, would be available upon construction of any required on-site and/or off-site recycled water facilities and the completion of financial arrangements between RCWD and the property owner. Requirements for the use of recycled water are available from RCWD. As soon as feasible, and prior to the preparation of California Environmental Quality Act (CEQA) documents, the project proponent should contact RCWD for a determination of existing water system capability, based upon project -specific demands and/or fire flow requirements, as well as a determination of proposed water facilities configuration. If new facilities are required for service, fire protection, or other purposes, the project proponent should contact RCWD for an assessment of project -specific fees and requirements. Sewer service to the subject project/property, if available, would be provided by Eastern Municipal Water District. If no sewer service is currently available to the subject project/property, all proposed waste discharge systems must comply with the State Water Resources Control Board, health department, and/or other requirements as they relate to the protection of groundwater quality, pursuant to RCWD's Groundwater Protection Policy. If you should have any questions or need additional information, please contact an Engineering Services Representative at the District office at (951) 296-6900. Sincerely, RANCHO CALIFORNIA WATER DISTRICT Erica Peter Engineering Services Representative Enclosure: Exhibit Map cc: Corey Wallace, Engineering Manager-CIP & Development Phillip Dauben, Associate Engineer Corry Smith, Engineering Services Supervisor Sherrie Munroe, MDMG, Inc. 16\EP:hab006\F450\FEG Rancho California Water District 12135 Winchester Road • Post Office Box 9017 • Temecula, California 92589-9017 • (961) 2968900 • FAX (951) 296-6860 www ranr•hnwatar r•r,n, Notice of Public Hearing THE CITY OF TEMECULA 41000 Main Street Temecula, CA 92590 A PUBLIC HEARING has been scheduled before the CITY COUNCIL to consider the matter(s) described below. Case No.: PA18-0588 Applicant: Amir Dehbozorgi Location: Generally located on the northwest corner of Temecula Parkway and La Paz Road Proposal: A Modification consisting of Condition of Approval revisions to PA14-2708, a Tentative Parcel Map for the creation of six lots from four existing lots; PA14-2707, a Development Plan to allow for the construction of four commercial buildings; and PA16-0090, a Development Plan to allow for the construction of an LA Fitness. The condition modification will create a third alternative allowing the developer to provide funds to the City for the construction of a roundabout or traffic signal at the intersection of La Paz Road and Ynez Road. The modification will also require that the developer acquire the necessary right-of-way. Environmental CEQA Exempt (Section 15162, Subsequent EIRs and Negative Action: Declarations) PLACE OF HEARING: City of Temecula Civic Center, Council Chambers 41000 Main Street Temecula, CA DATE OF HEARING: May 8, 2018 TIME OF HEARING: 7:00 P.M. Any person may submit written comments to the City Council before the hearing or may appear and be heard in support of or opposition to the approval of the project at the time of hearing. Any petition for judicial review of a decision of the City Council shall be filed within the time required by, and controlled by, Sections 1094.5 and 1094.6 of the California Code of Civil Procedure. In any such action or proceeding seeking judicial review of, which attacks or seeks to set aside, or void any decision of the City Council, shall be limited to those issues raised at the hearing or in written correspondence delivered to the City Clerk at, or prior to, the public hearing described in this notice. The proposed project application may be viewed at the public information counter, Temecula Civic Center, Community Development Department, 41000 Main Street, Monday through Friday from 8:00 a.m. until 5:00 p.m. Questions concerning the project(s) may be addressed to Eric Jones, City of Temecula Community Development Department, (951) 506-5115. Public Hearings 18-06 CITY COUNCIL BUSINESS Item No. 14 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Randi Johl, City Clerk / Luke Watson, Director of Community Development DATE: May 8, 2018 SUBJECT: Receive Presentation from Fairbank, Maslin, Maullin, Metz and Associates (FM3) Regarding Cannabis Community Poll Results and Provide Direction on Various Related Items PREPARED BY: Randi Johl, City Clerk / Luke Watson, Director of Community Development RECOMMENDATION: That the City Council receive the presentation from Fairbank, Maslin, Maullin, Metz and Associates (FM3) regarding the cannabis community poll results and provide direction on the following related items: (1) Provide direction on whether or not to amend the existing ordinance in any capacity; (2) If amendment desired, provide direction on what is being amended in the ordinance for medicinal purposes; (3) If amendment desired, provide direction on what is being amended in the ordinance for recreational purposes; (4) If amendment desired, provide direction on whether to pursue the amendment through the legislative or initiative process; (5) Provide direction on the desire to conduct outreach and/or education through community workshops, including the purpose, timing and number of said workshops; (6) Provide other related direction as appropriate. BACKGROUND: On November 8, 2016, the voters of the State of California passed Proposition 64 legalizing recreational use of cannabis by persons 21 years of age and over and creating a related state regulatory and licensing system. Proposition 64, also known as the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), preserved the ability of local governments to regulate, license and/or prohibit commercial cannabis. In Temecula, Proposition 64 passed by a margin of 51 % to 49%. On January 10, 2017, the Council appointed Mayor Rahn and Mayor Pro Tempore Naggar to the cannabis subcommittee to review the various impacts associated with passage. On February 28, 2017, the Council provided procedural direction to preserve flexibility with the adoption of an ordinance while taking time to study and research the various legal, legislative, land use, financial and other factors. The City's current ordinance (Ordinance No. 17-02), was introduced on May 9, 2017 and adopted on June 13, 2017. On November 9, 2017, the City hosted a regional cannabis education workshop for elected officials and staff with industry and state experts. In February 2018, as a follow-up to the regional workshop, the subcommittee provided direction to conduct a poll measuring community opinions on cannabis. Said poll was conducted in early April 2018, the results of which will be presented by the consultant tonight. After receiving the results, the City Council will provide additional direction as needed. Comparison of Polling Results and Existing City Ordinance On May 9, 2017, the City Council adopted Ordinance No. 17-02, which prohibits all commercial cannabis activity including cultivation, possession, manufacturing, distribution, processing, storing, laboratory testing, labeling, transportation, delivery and sale of cannabis and cannabis products whether or not for profit in the City. Ordinance No. 17-02 allows personal cultivation, both indoors and outdoors, of up to 12 cannabis plants by qualified patients and their primary caregivers if certain criteria is met. Consistent with State law, personal cultivation for recreational use is limited to six cannabis plants indoors. Generally speaking, the polling results indicate that the community supports the existing prohibition of commercial recreational cannabis activity within the City. There are however two exceptions that emerged from the polling results. As seen in the polling data, the community appears to support access to medical cannabis for qualified patients and supports allowing for some laboratory testing in commercial zones. Existing City Ordinance No. 17-02 prohibits deliveries of cannabis into and out of the City for recreational use, but exempts deliveries of medical cannabis to qualified patients or primary caregivers of qualified patients. This exemption is consistent with the polling results which indicate that 71% of respondents support allowing the sale of medical cannabis products recommended by a doctor to patients in order to treat diseases and illnesses. However, it is important to note that while the community supports allowing access to medical cannabis for qualified patients, the polling indicates the community does not support providing for that access via medical or recreational cannabis dispensaries. Where Ordinance No. 17-02 and the polling results seem to differ is in regards to laboratory testing. The existing ordinance prohibits laboratory testing within the City. This however, is in contrast to the polling results, which indicate that 68% of respondents support laboratories that test cannabis and related products for safety and quality, but do not sell directly to customers. All other existing prohibitions defined by Ordinance No. 17-02 regarding commercial cannabis activities are generally supported by the poll respondents. Taxation Considerations Effective January 1, 2018, a State cannabis excise tax of 15% of the gross receipts of any retail sale, and a State cultivation tax on all harvested cannabis, were imposed. The cultivation tax is initially set at $9.25 per ounce for cannabis flowers, and $2.75 per ounce for cannabis leaves, and may be adjusted annually by the State Board of Equalization. Concerned that the State excise taxes are making it difficult for the State licensed cannabis businesses to compete with the illegal operators, Assembly Bill 3157 proposes to reduce the State excise tax rate to 11% of the gross receipts of any retail sale until June 1, 2021, at which time the excise tax rate would revert back to 15%. Assembly Bill 3157 would also suspend the imposition of the cultivation tax until June 1, 2021. It is unknown whether Assembly Bill 3157 will be adopted by the Legislature and signed into law by the Governor. State law provides that the State excise taxes identified above shall be in addition to any sales and use tax imposed by the State and local governments. However, sales and use taxes shall not apply to retail sales of medicinal cannabis, medicinal cannabis concentrate, edible medicinal cannabis products, or topical cannabis when a qualified patient or primary caregiver for a qualified patient provides his or her card issued under Section 11362.71 of the Health and Safety Code and a valid government -issued identification card. State and any local excise taxes do apply to both medicinal and adult -use cannabis. There is therefore a distinction being made between excise taxes and sales taxes. An excise tax is the tax on the privilege of using or doing something with property. Examples of local excise taxes include business license taxes and transient occupancy taxes. These taxes are different from sales taxes which are a tax on the privilege of selling tangible personal property at retail. These taxes are also different from use taxes which are imposed on the storage, use or other consumption of tangible personal property purchased from a retailer. Should the City Council decide to allow cannabis businesses to lawfully operate in the City, it can submit to the voters, a tax measure to impose a tax on these businesses. A tax measure imposing a "general tax" can only be placed on the ballot if the ordinance or resolution proposing such tax is approved by a two-thirds vote of all members of the legislative body. In this case, this would require a 4/5th vote of the Council to place a tax measure on the ballot. A general tax is a tax imposed for general governmental purposes. A general tax proposed by initiative can only be submitted to the voters at a regularly scheduled general municipal election for members of the City Council. Subject to the adoption of a potential separate statewide initiative measure on the November 2018 ballot discussed below, a general tax can be adopted by a majority vote of the voters voting in the election. The next general municipal election for members of the City Council is November 2018. A "special tax" is a tax imposed for specific purposes, including a tax imposed for specific purposes, which is placed into a general fund. A special tax proposed by an initiative can only be adopted at regularly scheduled general municipal election for members of the City Council. A special tax must be adopted by a vote of 2/3rds of the voters voting in the election. A proposed statewide initiative measure, known as the Tax Fairness, Transparency and Accountability Act of 2018, is currently circulating and has gathered 25% of the signatures required for placement on the November 2018 ballot. This statewide initiative measure would, among other provisions: 1) require all local tax measures to be placed on a ballot by a two- thirds vote of the City Council; 2) require tax measures be consolidated with a regularly scheduled general municipal election for members of the City Council, unless an emergency is declared by a unanimous vote of the City Council; 3) eliminate local authority to impose a tax for general purposes by majority vote and instead requires all local proposed tax increases subject to a two-thirds vote; and 4) invalidate any local taxes adopted after January 1, 2018 that do not comply with its provisions. If the requisite number of signatures are obtained and verified by the Secretary of State, this statewide ballot measure would be on the November 2018 ballot. With respect to taxation, the poll results showed that 64% of poll respondents thought that taxing local sales of cannabis is an appropriate way for the City to raise funds to pay for City services for residents. 82% of poll respondents supported using the revenue from a cannabis business tax to maintain City services including public safety and paramedic services, ongoing street and road maintenance, and youth and senior programs. 59% of poll respondents opined that if businesses that sell cannabis to adults for recreational purposes are allowed in Temecula, they should be subject to an additional sales tax, while 37% of poll respondents thought they should be subject to the same sales tax as other kinds of products sold in Temecula. The results were different for medicinal cannabis with only 41 % of those polled stating that if medical dispensaries are allowed in the Temecula, they should be subject to an additional business license tax. 54% of poll respondents thought that if medical cannabis dispensaries are allowed in Temecula they should be subject to the same business license tax as other kinds of businesses in Temecula. Initiatives An initiative for a local municipality may be proposed by the legislative body or by the citizenry. For both council -sponsored and citizen -sponsored initiatives, the timing and process for placement of a measure on a ballot is set forth in the Elections Code. With the recent passage of AB 765 (Low), which went into effect January 1, 2018, measures that qualify for the ballot must be voted on at the City's next regularly scheduled election occurring not less than 88 days after the date of the order of the election. (Elections Code Section 1405). For time sensitive matters, the local jurisdiction retains an ability to call a special election to vote on the initiative prior to the next regularly scheduled election, within 88-103 days from the date of the order of the election. For example, assuming a November 2018 ballot placement for a City measure, the following would need to occur: For a council -sponsored initiative, the legislative body would need to vote on the placement of the measure no later than July 24, 2018, the last regularly scheduled City Council meeting prior to the August 10, 2018 (88 days) filing deadline, inferring that the draft ordinance has been studied and crafted well prior to that date. For a citizen -sponsored initiative, the legislative body would also need to place the measure no later than July 24, 2018. Prior to circulating a petition, a proponent must file a draft text of the measure and notice of intent, after which the City Attorney has 15 days to prepare a ballot title and summary. The proponent must then publish the notice, title and summary and file an affidavit within 10 days. Signature gathering may commence after the affidavit is filed and must be completed within 180 days. Assuming a sufficient number of signatures (10% of the registered voters according the last registration report — 4,937) are gathered expeditiously and the petitions pass a prima facie review, the signatures must be verified by the Registrar of Voters within 30 days from the date of filing (excluding weekends and holidays). Upon certification, the petition must be presented to the legislative body for adoption or ballot placement. Assuming the above -referenced process is perfectly executed without any judicial challenges, and an expeditious signature gathering effort takes place within one or two weeks, a proponent could theoretically file a notice through mid-May. Practically speaking however, the citizen -sponsored initiative process typically averages 6-12 months. Community Workshops From time to time, the City conducts informational workshops in the community to foster engagement and/or solicit feedback on a particular subject matter affecting the citizenry. For example, community workshops were conducted at various locations throughout the City in connection to the community prioritization effort. A subject matter expert and/or consultant often facilitates these workshops. Cannabis -related community workshops were referenced in past discussions. It is therefore recommended that the City Council provide direction on the desire to conduct community workshops for the topic of cannabis by answering the following questions: 1. Would the City Council like to conduct cannabis -related community workshops? 2. If yes, what purpose would they like the workshops to be held for (i.e., information and education only, solicit feedback, etc.)? 3. If yes, how many workshops would they like to conduct and when (i.e., in time for initiative placement, end of year, etc.)? Conclusion Given the above information, and the results of the cannabis community poll, staff respectfully requests that the City Council provide direction on (1) whether or not it would like to pursue an amendment to City's current Cannabis regulations (Ordinance No. 17-02), (2) if so, the nature of the amendment(s) for medicinal and recreational purposes, (3) whether said amendment(s) should be pursued legislatively or via initiative, and (4) whether community workshops are desired and the purpose and timing of the same. Staff welcomes additional direction as the City Council deems appropriate. FISCAL IMPACT: Dependent upon direction provided; Consultants needed to support any community outreach efforts are not expected to exceed $10,000. Consultants and legal fees associated with crafting either a revised ordinance or initiative allowing additional commercial Cannabis activity are not expected to exceed $20,000. If no action is required, there would be no fiscal impact. ATTACHMENTS: Ordinance No. 17-02 1 1 1 ORDINANCE NO. 17-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING CHAPTER 8.52 OF TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN THE CITY AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND AMENDING TITLE 17, ZONING, TO PROHIBIT COMMERCIAL MARIJUANA ACTIVITY IN ALL ZONES AND TO AMEND REGULATIONS PERTAINING TO MARIJUANA CULTIVATION, AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO CEQA GUIDELINES, SECTION 15061(13)(3) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Chapter 8.52 (Marijuana Cultivation) of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby amended in its entirety to read as follows: CHAPTER 8.52 — MARIJUANA CULTIVATION AND COMMERCIAL MARIJUANA ACTIVITY Sections: 8.52.010 — Findings and purpose. 8.52.020 — Authority. 8.52.030 — Definitions. 8.52.040 — Prohibitions on commercial marijuana activity. 8.52.050 — Prohibitions on marijuana cultivation — Nuisance declared. 8.52.060 — Limited exemption from enforcement for medical marijuana. 8.52.070 — Abatement of other nuisances. 8.52.080 — Violations and penalties. 8.52.010 Findings and purpose. The City Council finds and declares the following: A. The Control, Regulate and Tax Adult Use of Marijuana Act (the "AUMA"), was approved by the voters of the State of California on November 8, 2016. The AUMA adds Section 11362.1 to the Health and Safety Code, which makes it "lawful under state and local law" for persons 21 years of age or older to "possess, process, transport, purchase, obtain, or give away to persons 21 years of age or older without any compensation whatsoever" up to 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams of marijuana in the form of concentrated Ords 17-02 1 1 1 1 cannabis. The provisions of the AUMA related to the possession, use, and cultivation of marijuana became effective on November 9, 2016. B. To regulate the commercial use of non-medical marijuana, the AUMA adds Division 10 (Marijuana) to the Business & Professions Code, Sections 26000 et seq., which grants State agencies the authority to create, issue, renew, discipline, suspend, or revoke licenses for marijuana businesses. The AUMA provides that the State shall begin issuing licenses to marijuana businesses under Division 10 of the Business and Professions Code by January 1, 2018. C. Business and Professions Code section 26055(e) provides that a State licensing authority shall not approve an application for a State license for commercial non-medical marijuana activity, if approval of the State license will violate the provisions of any local ordinance. D. The AUMA permits cities to (1) adopt and enforce local ordinances to regulate non-medical marijuana businesses, including, but not limited to, local zoning and land use requirements, business license requirements, and requirements related to reducing exposure to secondhand smoke, or (2) completely prohibit the establishment or operation of marijuana businesses within its jurisdiction. E. The AUMA allows for the planting, cultivation, harvesting, drying and processing ("cultivation activities") of up to six marijuana plants in, or upon the grounds of, a private residence, as well as the possesion of any marijuana produced by the plants. The AUMA authorizes a city to enact and enforce an ordinance that reasonably regulates cultivation activities, and to completely prohibit cultivation activities outdoors upon the grounds of a private residence unless the California Attorney General determines that non-medical use of marijuana is lawful in the State under Federal law. F. On October 9, 2015, Govemor Brown signed Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643 into law, which are now collectively known as the Medical Cannibas Regulation and Safety Act (hereinafter "MCRSA"). The MCRSA establishes a State licensing scheme for commercial medical marijuana uses, while protecting local control by requiring that all such businesses must have a local license or permit to operate in addition to a State license. The MCRSA allows a city to completely prohibit commercial medical marijuana activities, including the cultivation of medical marijuana. G. In 1996, the voters of the State of California approved Proposition 215 (codified as California Health and Safety Code section 11362.5, and entitled "The Compassionate Use Act of 1996" or "CUA"). The intent of Proposition 215 was to enable persons who are in need of marijuana for medical purposes to use it without fear of criminal prosecution under limited, specified circumstances. The proposition further provides that "nothing in this section shall be construed to supersede legislation prohibiting persons from engaging in conduct that endangers others, or to condone the diversion of marijuana for non-medical purposes." The ballot arguments supporting Ords 17-02 2 1 1 1 Proposition 215 expressly acknowledged that "Proposition 215 does not allow unlimited quantities of marijuana to be grown anywhere." H. In 2004, the Legislature enacted Senate Bill 420 (codified as California Health and Safety Code sections 11362.7, et seq., and referred to as the "Medical Marijuana Program" or "MMP") to clarify the scope of Proposition 215, and to provide qualified patients and primary caregivers who collectively or cooperatively cultivate marijuana for medical purposes with a limited defense to certain specified State criminal statutes. Assembly Bill 2650 (2010) and Assembly Bill 1300 (2011) amended the Medical Marijuana Program to expressly recognize the authority of counties and cities to "[a]dopt local ordinances that regulate the location, operation, or establishment of a medical marijuana cooperative or collective" and to civilly and criminally enforce such ordinances. I. In City of Riverside v. Inland Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal. 4th 729, the Califomia Supreme Court held that "[n]othing in the CUA or the MMP expressly or impliedly limits the inherent authority of a local jurisdiction, by its own ordinances, to regulate the use of its land..." Additionally, in Maral v. City of Live Oak (2013) 221 Cal. App.4th 975, the Court of Appeal held that "there is no right—and certainly no constitutional right—to cultivate medical marijuana..." The Court in Maral affirmed the ability of a local govemmental entity to prohibit the cultivation of marijuana under its land use authority. J. The Federal Controlled Substances Act, 21 U.S.C. §§ 801, et seq., classifies marijuana as a Schedule I Drug, which is defined as a drug or other substance that has a high potential for abuse, that has no currently accepted medical use in treatment in the United States, and that has not been accepted as safe for use under medical supervision. The Federal Controlled Substances Act makes it unlawful, under federal law, for any person to cultivate, manufacture, distribute or dispense, or possess with intent to manufacture, distribute or dispense, marijuana. The Federal Controlled Substances Act contains no exemption for the cultivation, manufacture, distribution, dispensation, or possession of marijuana for any purposes. K. Cities in California have reported negative effects of marijuana cultivation, processing and distribution activities, including offensive odors, illegal sales and distribution of marijuana, trespassing, theft, violent robberies and robbery attempts, fire hazards, and problems associated with mold, fungus, and pests. Furthermore, as marijuana plants begin to flower, and for a period of two months or more, the plants produce a strong, unique odor, offensive to many people, and detectable far beyond property boundaries if grown outdoors. This odor can have the effect of encouraging theft by alerting persons to the location of the valuable plants, and creating a risk of burglary, robbery or armed robbery of the plants and creating the potential for violent acts related to such criminal activity. Ords 17-02 3 1 1 1 L. Marijuana cultivation in the City can adversely affect the health, safety, and well-being of City residents, visitors and workers. Regulating marijuana cultivation in the City is proper and necessary to avoid the risks of criminal activity, degradation of the natural environment, and malodorous smells that may result from unregulated marijuana cultivation, and that are especially significant if the amount of marijuana cultivated on a single premises is not regulated and substantial amounts of marijuana are thereby allowed to be concentrated in one place. M. The justification for regulating or banning commercial marijuana cultivation pursuant to the City's police power includes, but is not limited to: 1) The increased risk to public health and safety, based on the value of marijuana plants and flowers and the accompanying threat of break-ins, robbery and theft, and attendant violence and injury; 2) the strong "skunk like" malodorous fumes emitted from mature plants which can interfere with the use and enjoyment of neighboring properties by their occupants; and 3) the potential for theft and use by school age children where marijuana is cultivated in a visible location, particularly where such location is close to schools. N. As recognized by the Attorney General's August 2008 Guidelines for the security and non -diversion of marijuana grown for medical use, marijuana cultivation or other concentration of marijuana in any location or premises without adequate security increases the risk that surrounding homes or businesses may be negatively impacted by nuisance activity such as loitering or crime. 8.52.020 Authority. This ordinance is adopted pursuant to the authority granted by Article XI, section 7 of the California Constitution, Health and Safety Code section 11362.83, Government Code sections 25845 and 53069.4, the MCRSA, the AUMA, and other applicable law. 8.52.030 Definitions. As used in this Chapter the following specific terms shall have the following meanings: A. "AUMA" means the Control, Regulate and Tax Adult Use of Marijuana Act approved by the voters on November 8, 2016, as the same may be amended from time to time. B. "Child care center" means any licensed child care center, daycare center, child care home, or any preschool. C. "Community center" means any facility open to the public at which classes, social activities, recreational activities, educational activities, support and public information are offered for all residents of the community. D. "Commercial marijuana activity" means the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, labeling, transportation, delivery, or sale of marijuana and marijuana products, whether or not for profit. "Commercial marijuana activity" also includes the activities of any business Ords 17-02 4 1 1 1 licensed by the State or other government entity under Divisions 8 or 10 of the Business & Professions Code, as they may be amended from time to time. E. "Concentrated cannabis" shall have the same meaning as "cannabis concentrate" as defined in Business and Professions Code section 19300.5, as the same may be amended from time to time. F. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana. G. "Delivery" means the commercial transfer of marijuana or marijuana products to a customer. "Delivery" also means the use by a retailer of any technology platform owned and controlled by the retailer, or independently licensed under Califomia law, that enables customers to arrange for or facilitate the commercial transfer by a licensed retailer of marijuana or marijuana products. H. "Distribution" means the procurement, sale, and transport of marijuana and marijuana products between entities licensed under Divisions 8 or 10 of the Business & Professions Code, as they may be amended from time to time. "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and inaccessible to minors. The fully enclosed and secure structure must maintain a minimum ten (10) foot setback from any property Zine_ Such setback distance shall be measured in a straight line from the fully enclosed and secure structure in which the marijuana plants are cultivated. The ten (10) foot setback requirement does not apply to cultivation occurring in a garage. J. "Marijuana" means parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Marijuana" also means the separated resin, whether crude or purified, obtained from marijuana, and any product containing marijuana. It does not include: 1. Industrial hemp, as defined in Section 11018.5 of the California Health and Safety Code; or 2. The weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other product. Marijuana also includes "cannabis" as defined in Business and Professions Code section 19300.5(f), as the same may be amended from time to time. Ords 17-02 5 1 1 1 K. "Marijuana cultivation" means the planting, growing, harvesting, drying, processing, or storage of one or more marijuana plants or any part thereof in any location, indoor or outdoor, fixed or mobile, for medical, non-medical or other uses. L. "MCRSA" means the Medical Cannabis Regulation and Safety Act as contained, codified, enacted, and signed into law on October 9, 2015, as Assembly Bill No. 243, Assembly Bill No. 266, and Senate Bill 643, and as amended by Assembly Bill 21 in 2016, as the same may be amended from time to time. M. "Person" means any individual, firm, co -partnership, joint venture, association, collective, cooperative, corporation, limited liability company, non-profit, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. N. "Primary caregiver" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7, et seq. O. "Private residence" means a house, an apartment unit, a mobile home, or other similar dwelling that is lawfully used as a residence. P. "Qualified patient" shall have the meaning set forth in Health and Safety Code sections 11362.5 and 11362.7, et seq. Q. "School" means an institution of leaming for minors, whether public or private, offering a regular course of instruction required by the Califomia Education Code. This definition includes a nursery school, kindergarten, elementary school, middle or junior high school, senior high school, or any special institution of education, but it does not include a home school, vocational or professional institution of higher education, including a community or junior college, college, or university. R. "Youth -oriented facility" means any facility that caters to or provides services primarily intended for minors, or the individuals who regularly patronize, congregate or assemble at the establishment are predominantly minors. 8.52.040 Prohibitions on commercial marijuana activity. A. Commercial marijuana activity for medical, non-medical or other purposes is expressly prohibited everywhere in the City including all zoning distracts, specific plan areas, overlay zones and planned development zones. No person shall establish, operate, maintain, conduct or allow commercial marijuana activity for medical, non- medical or other purposes anywhere within the City. No application for a building permit, conditional use permit, business license, or any other entitlement authorizing the establishment, operation, maintenance, development, or construction of any use that allows for commercial marijuana activity for medical, non-medical, or other purposes, shall be approved by the City. Ords 17-02 6 1 1 1 B. A property owner shall not rent, lease or otherwise permit any business that engages in commercial marijuana activity to occupy real property in the city. A property owner shall not allow any person or business to establish, operate, maintain, conduct, or engage in commercial marijuana activity on any real property owned or controlled by that property owner that is located in the City. C. This section shall prohibit all activities for which a State license is required pursuant to the AUMA or the MCRSA. Accordingly, the City shall not issue any permit, license or other entitlement for any activity for which a State license is required under the AUMA or the MCRSA. The City shall also not issue any local license to a non-profit entity pursuant to Business and Professions Code section 26070.5. D. Except for deliveries to primary caregivers or qualified patients, as defined in this chapter , all deliveries of marijuana or marijuana products to or from any location in the city are expressly prohibited. Except for deliveries to primary caregivers or qualified patients, as defined in this chapter, no person shall conduct or perform any delivery of any marijuana or marijuana products, which delivery either originates or terminates within the city. This subsection shall not prohibit any person from transporting marijuana or marijuana products on public roads by a person licensed under either Chapter 3.5 of Division 8 or Division 10 of the California Business and Professions Code. E. The prohibition in this section shall not prohibit a person 21 years of age or older from (1) possessing, processing, purchasing, transporting, obtaining or giving away to persons 21 years of age or older, without compensation whatsoever, not more than 28.5 grams of marijuana not in the form of concentrated cannabis or up to eight grams in the form of concentrated cannabis, (2) smoking or ingesting marijuana or marijuana products, (3) possessing, transporting, purchasing, obtaining, using, manufacturing, or giving away marijuana accessories to persons 21 years of age or older without compensation whatsoever, to the extent that such activities are authorized by Health and Safety Code section 11362.1, or (4) engaging in the indoor cultivation of six or fewer live marijuana plants within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and secured, to the extent such cultivation is authorized by Health and Safety Code sections 11362.1 and 11362.2. 8.52.050 Prohibitions on marijuana cultivation—Nuisance declared. A. Marijuana cultivation, outdoors, for medical, non-medical or other purposes, is prohibited everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and is hereby declared to be unlawful and a public nuisance, except as otherwise provided in Section 8.52.060. No person owning, renting, leasing, occupying or having charge or possession of any parcel shall cause or allow such parcel to be used for cultivating marijuana outdoors. The foregoing prohibition shall be imposed regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this prohibition shall be imposed notwithstanding Ords 17-02 7 1 1 1 any assertion that the person or persons cultivating marijuana are the primary caregiver or caregivers for qualified patients or that such person or persons are collectively or cooperatively cultivating marijuana. There is a limited exemption from enforcement of this subsection as set forth in Section 8.52.060 below. B. Marijuana cultivation, indoors, for medical purposes is prohibited. There is a limited exemption from enforcement of this subection as set forth in Section 8.52.060 below. C. Marijuana cultivation, indoors, for non-medical purposes will be allowed consistent with State law. As required by State law, no more than six (6) live marijuana plants may be planted, cultivated, harvested, dried, or processed within a single private residence or inside an accessory structure located upon the grounds of a private residence that is fully enclosed and and secured. Any marijuana cultivation for non- medical marijuana purposes that exceeds the limits set forth in this subsection is hereby declared to be unlawful and a public nuisance. 8.52.060 Limited exemption from enforcement for medical marijuana. A. The City is committed to making efficient and rational use of its limited investigative and prosecutorial resources. There shall be a limited exemption from enforcement for violations of this Chapter by primary caregivers and qualified patients for small amounts of marijuana cultivation for their own medical use in zone classifications identified in Section 17.06.030 on which a single family detached dwelling exists when all of the following conditions and standards are complied with: 1. The premises shall contain a legally permitted single family detached dwelling. 2. Cultivation of no more than twelve (12) marijuana plants per qualified patient. In the event a qualified patient has a primary caregiver cultivating marijuana plants for the qualified patient, only one primary caregiver may cultivate no more than twelve (12) marijuana plants for that qualified patient at any one time. In no circumstances shall a qualified patient have multiple primary caregivers cultivating marijuana plants for the qualified patient at the same time in the City. 3, Two (2) qualified patient limit to aggregate marijuana plant count for a maximum total of twenty-four (24) marijuana plants per premises. 4. At least one qualified patient or one primary caregiver, acting on behalf of the qualified patient pursuant to subsection A.2., must live on the premises. 5. All marijuana plants must be reasonably secured to prevent theft and access to the plants by persons under the age of twenty-one (21), to a standard satisfactory to the enforcement official. 6. All marijuana cultivation outside of any building must be fully enclosed by an opaque fence at least six (6) feet in height. The fence must be adequately secured to Ords 17-02 8 1 1 1 prevent unauthorized entry. Bushes, hedgerows, plastic sheeting, tarps, or cloth material shall not constitute an adequate fence under this subsection. Premises larger than five (5) acres are exempt from this fencing provision so long as all other standards and conditions of subsection A. of this section are complied with and any barriers used are otherwise consistent with this Code. 7. Each building or outdoor area in which the marijuana plants are cultivated shall be set back at least ten (10) feet from all boundaries of the premises. Such setback distance shall be measured in a straight line from the building in which the marijuana plants are cultivated, or, if the marijuana plants are cultivated in an outdoor area, from the fence required by subsection A.6. to the boundary line of the premises. 8. The designated marijuana cultivation area must not be visible from any public right-of-way. 9. If the person cultivating marijuana plants on any premises is not the owner of the premises, such person shall submit a letter from the owner(s) consenting to the marijuana cultivation on the parcel. An original of this letter shall be submitted to and retained by the Community Development Department. The City shall prescribe forms for such letters. 10. Parolees or probationers shall not live on the premises unless the parolees or probationers have received written confirmation from the court that he or she is allowed to use medical marijuana while on parole or probation pursuant to Health & Safety Code section 11362.795 which shall be subject to verification by the enforcement official. 11. Qualified patients for whom the marijuana plants are being cultivated shall have valid medical marijuana identification cards issued by the Riverside County Department of Public Health. Any primary caregiver cultivating marijuana plants for a qualified patient shall have a copy of the qualified patient's valid medical marijuana identification card issued by the Riverside County Department of Public Health which shall be kept on the premises. 12. The address for the premises must be posted and plainly visible from the public right-of-way. 13. The marijuana cultivation shall not be within a building containing two or more dwelling units. 14. The marijuana cultivation shall not be upon any premises located within one thousand (1,000) feet of any school, community center, or park. 15. The marijuana cultivation shall not be upon any premises containing a child care center, church (religious facility), or youth -oriented facility. B. Any marijuana cultivation for medical purposes that does not comply with all of the standards and conditions in subsection A. of this section is a public nuisance Oros 17.02 9 1 1 1 and shall be subject to penalties and abatement as provided in Title 1 and Chapters 8.12 and 8.52 this Code. 8.52.070 Abatement of other nuisances. Nothing in this Chapter shall be construed as a limitation on the City's authority to abate any nuisance which may otherwise exist from the planting, growing, harvesting, drying, processing or storage of marijuana plants or any part thereof from any location, indoor or outdoor, including from within a fully enclosed and secure building, as long as such abatement is consistent with State law. 8.52.080 Violations and penalties. A. Violation of any provision of this Chapter is a misdemeanor and is subject to enforcement pursuant to the provisions of Title 1 of this Code. The provisions of this Chapter may be enforced by members of the Riverside County Sheriffs Department, persons employed by the City whose job descriptions require the person to enforce the provisions of this Code, including but not limited to, code enforcement officers, and such other enforcement officials as described in Section 1.16.020 of this Code or its successor sections. No provision of Title 1 or this Chapter shall authorize a criminal prosecution or arrest prohibited by Health and Safety Code sections 11362.71 or 11362.1 et seq., as the same may be amended from time to time. In the event of any conflict between the penalties enumerated under Title 1 or this Chapter and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. B. Any violation of this Chapter shall be, and the same is declared to be, unlawful and a public nuisance, and the City may, in addition to or in lieu of prosecuting a criminal or administrative action hereunder, commence an action or actions, proceeding or proceedings for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such commercial marijuana business or marijuana cultivation site and restrain and enjoin any person from operating, conducting or maintaining a commercial marijuana business or marijuana cultivation site in a manner contrary to the provisions of this Chapter." Section 2. Section 17.02.050 (Prohibited uses.) is hereby added to Chapter 17.02 (Establishment of Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.02.050 Prohibited uses. "Commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060." Ords 17-02 10 1 Section 3. Table 17.06.030 of Chapter 17.06 (Residential Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Commerical Marijuana Activity as a prohibited use and amending footnote number 10 as follows: Table 17.06.030 Residential Districts Description of Use HR RR VL L- 1 L- 2 LM M H HR-SM9 Commercial Marijuana Activity Marijuana Cultivation 70 Notes: 10, Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 4. Table 17.08.030 of Chapter 17.08 (Commercial/Office/industrial Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Commerical Marijuana Activity as a prohibited use and adding footnote number 7 to Marijuana Cultivation as follows: Table 17.08.030 Schedule of Permitted Uses Commercial/Office/Industrial Districts Description of Use 1 NC CC HT SC PO BP LI Commercial Marijuana Activity . - - - - - - - Marijuana Cultivation' Notes: 7. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 5. Table 17.12.030 of Chapter 17.12 (Public/Institutional District) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Commerical Marijuana Activity and Marijuana Cultivation as a prohibited uses and adding footnote number 3 to Marijuana Cultivation as follows: Table 17.12.030 Schedule of Permitted Uses—Public/Institutional Districts Description of Use Public/Institutional District (PI) Commercial Marijuana Activity Ords 17-02 11 1 1 Table 17.12.030 Schedule of Permitted Uses—Public/Institutional Districts Description of Use Public/Institutional District (PI) Marijuana Cultivation 3 Notes: 3. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific pian areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 6. Table 17.14.030 of Chapter 17.14 (Open Space/Recreation/Conservation Zoning Districts) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding Commerical Marijuana Activity as a prohibited use and amending footnote number 2 as follows: Table 17.14.030 Schedule of Permitted Uses—Open Space Schedule of Uses PR OS OS -C OS -C- SM Commercial Marijuana Activities - - Marijuana Cultivation 2 - - - Notes: 2. Marijuana cultivation (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060 of the Temecula Municipal Code. Section 7. Section 17.16.045 (Prohibited uses.) is hereby added to Chapter 17.16 (Specific Plan Zoning District (SP-)) of Title 17 (Zoning) of the Temecula Municipal Code to read as follows: "Section 17.16.045 Prohibited uses. "Commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060." Section 8. Section 17.22.030 (Permitted uses.) of Article 1 (Generally) of Chapter 17.22 (Planned Development Overlay Zoning District (PDO-)) of Title 17 (Zoning) of the Temecula Municipal Code is hereby amended by adding item D as follows: Ords 17-02 12 1 1 1 "D. "Commercial marijuana activity" and "marijuana cultivation" (as defined in Chapter 8.52) for medical, non-medical or other purposes, are prohibited uses everywhere in the City including all zoning districts, specific plan areas, overlay zones and planned development zones and shall be prohibited uses, except as otherwise provided in Sections 8.52.040, 8.52.050, and 8.52.060." Section 9. CEQA Findings. The City Council finds that the adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14, Chapter 3, California Code of Regulations (CEQA Guidelines), Section 15061(b)(3). It can be seen with certainty that there is no possibility that the adoption of this Ordinance will have a significant effect on the environment. The Ordinance prohibits commercial marijuana activity and regulates marijuana cultivation. Placing such a restriction on the use of property will not result in a permanent alteration of property nor the construction of any new or expanded structures. Section 10. Severability. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each sentence, clause or phrase thereof irrespective of the fact that any one or more sentences, clauses or phrases be declared unconstitutional or otherwise invalid. Section 11. Effect of Ordinance. This Ordinance shall take effect thirty (30) days after passage. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 13"' day of June, 2017. ATTES Ran. ohl, City Clerk [SEAL] Ords 17-02 13 Maryann Edwards, Mayor STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No_ 17-02 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9«' day of May, 2017, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 13th day of June, 2017, by the following vote: AYES: 3 COUNCIL MEMBERS: Comerchero, Rahn, Edwards NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 2 COUNCIL MEMBERS: Naggar, Stewart Randi Johl, City Clerk Ords 17-02 14 AWdLAk C 'Ity of ` emecula Cannabis Issues Survey Survey Conducted April 7-12, 2018 F M FAIRBANK, MASLIN, 3,� ' MAULLIN, METZ RESEARCH & ASSOCIATES 220-541 Methodology ✓ 1,037 interviews ✓ Temecula residents likely to vote in November 2018 election ✓ Conducted April 7th — 12th, 2018 ✓ Interviews conducted online and via landlines and cell phones ✓ Overall Margin of Error: +-4.4% FM3 RESEARCH 1 Aw reness Current The majority of Temecula residents do not know it is illegal to operate a medical marijuana dispensary or recreational marijuana business in the city. As for as you know, is it legal or As far as you know, is it legal or illegal to operate a dispensary illegal to operate a business that that sells marijuana for medical sells marijuana to adults for purposes in Temecula? recreational purposes in Temecula? Illegal 35% 24% Lega I 28% 38% Legal/ Lega I/ Don't Know Don't Know 65% 76% Don't know/NA 37/0 38% F M 3 Q4& QS. RESEARCH 3 A majority of voters are unaware if illegal marijuana businesses are operating in Temecula or if they are legal in the surrounding cities. Currently, there are multiple medical Marijuana businesses are and recreational marijuana dispensaries legal in most of the cities illegally operating in Temecula surrounding Temecula Very accurate 4% Total 15% Total Accurate Accurate Somewhat accurate 11% 16% 20% 35% Somewhat inaccurate 6% Total 90/ Total Inaccurate Inaccurate Very inaccurate 011% 17% 6% 15% Don't know/NA 67% 51% FM 3 Q6 a& b. I am going to read you some statements about issues that affect residents of Temecula. Please tell me if you think each of the following statements is accurate or inaccurate. RESEARCH 4 otentimal Marijuana A majority of voters support the City's current ban on marijuana businesses, with strong opinions on both sides. As you may know, it is currently illegal to operate any form of marijuana business in Temecula. This includes a dispensary that provides marijuana for medicinal purposes or a business that grows, produces or sells marijuana for recreational purposes. But, in 2016, California voters approved Proposition 64, allowing for the recreational use of marijuana and empowering cities to establish local marijuana regulations. The Temecula city government is now considering allowing certain marijuana businesses in Temecula, taxing them and requiring them to follow a set of rule and regulations. Do you generally support or oppose the City's current ban on all marijuana businesses in Temecula? Strongly support 49% Total Somewhat support 6% J Support 55% Somewhat oppose 10% Total Strongly oppose 32% Oppose 42% Don't know/NA 4% FM3 RESEARCH 6 Seven-in-ten respondents support allowing the sale of marijuana to medical patients in concept; opinions on recreational sales and cultivation more closely mirror attitudes on the ban overall . Strng. Supp. Smwt. Supp. Smwt. Opp. ■ Strng. Opp. DK NA Total Total Allowing the sale of medical marijuana Supp. Opp. products recommended by a doctor to 23% IN 71% 29% patients in order to treat diseases and illnesses Allowing the sale of marijuana products to adults over the age of 21 18% 41/g/o 0 58/0 for recreational purposes *Allowing the cultivation or growing of marijuana plants for sale t me ica , 16% 8% • • 45% 54% marihuana dispensaries *Allowing the cultivation or growing of marijuana plants for sale to stores tY�at - sell marijuana for recreationa • , 17% 7% � • � 41% 57% purposes or other businesses that make marijuana-based products QFM38 As you may know, there are several different kinds of marijuana businesses that operate in different communities in California. 1 am going to Fmention a number of types of marijuana businesses that could be made legal in Temecula. Please tell me if you support or oppose that type of business RESEARCH being legal. *Split Sample 7 A majority of voters oppose allowing storefront medical marijuana dispensaries and even more oppose recreational retail stores. Allowing storefront medical Allowing recreational, adult- marijuana dispensaries use marijuana retail stores Strongly favor 26% Total Strongly favor 21% Total Favor Favor Somewhat favor 18% 44% Somewhat favor 15% 36% Somewhat oppose 10% Total Somewhat oppose 8% Total Oppose Oppose Strongly oppose 42% 52% Strongly oppose 53% 61% Don't know/NA 4% Don't know/NA 3% FM 3 Q11 a.And Q11b. Jam going to read some additional potential regulations. Please tell me if you personally favor or oppose that local regulation. RESEARCH 8 There is more support for taxing recreational sales than medical marijuana dispensaries. If medical marijuana dispensaries are If businesses that sell marijuana to allowed in Temecula, do you think they adults for recreational purposes are should be subject to a allowed in Temecula, do you think they should be subject to ? The same business The same sales tax as license tax as other other kinds of kinds of businesses in 54% products sold in 37% Temecula Temecula An additional business license tax 41% An additional sales tax 59% Don't know 4% Don't know 4% F M 3 Q9& QIo. RESEARCH 9 Of other kinds of marijuana - based businesses, the only one with strong support is labs that test marijuana products. Total Total Strng. Fay. Smwt. Fay. Smwt. Opp. ■Strng. Opp. DK/NA Fay. Opp. Allowing labs that test marijuana and related products for safety and quality 21% • • . 6% 68% 25% and do not sell directly to customers Allowing the transportation of marijuana goods between licensed cultivators, 22% 7 o • • 10% 51% 38% manufacturers and distributors *Allowing medical marijuana _ dispensaries to deliver marijuana to 20% 9% a • . 45% 51% homes and businesses Allowing businesses that manufacture marijuana products that do not sell 21% 10% 12% 44% 44% directly to customers Allowing a business that cultivates, manufactures distributes and sells 21% 9% : • • 11% 42% 47% cannabis all at one location *Allowing recreational marijuana businesses to deliver marijuana to 14% 11 �0 � • • . 6% 34% 59% homes and businesses �, FM 3 Q11 e,f,g,h, i&r. 1 am going to read some additional potential regulations.After each one I mention,please tell me if you personally favor or oppose that local regulation. *Split Sample RESEARCH 10 Businesses There is very strong support for several potential local regulations that could be implemented if marijuana businesses are made legal. Strng. Fay. Smwt. Fay. Smwt. Opp. ■ Strng. Opp. DK/NA Total Total Prohibiting the operation of a marijuana Fay. Opp. business within 1,000 feet from places 8% o 0 such as childcare centers, schools, and 91% 8% parks Requiring that operators and employees be subject to a criminal background 11% 90% 8% check Requiring dispensaries to provide security including cameras, alarms and a 15% 6% 89% 6% trained security guard Using the revenue from a marijuana business tax to maintain city services, including public safety and paramedic 15% 6% 82% 12% services ongoing street and road maintenance, youth and senior programs FM 3 Q11 c, d,j-q&s-y.. 1 am going to read some additional potential regulations.After each one 1 mention,please tell me if you personally favor or oppose that local regulation. Not Part of Split Sample RESEARCH 12 Continued Strng. Fay. Smwt. Fay. Smwt. Opp. ■ Strng. Opp. DK/NA Total Total Prohibiting the operation of a dispensary Fay. Opp. within one thousand feet of any alcohol and other substance abuse treatment � ' • 11% �' • 6% 81% 13% facilities or homeless shelters Putting a limit on the hours of operation of marijuana businesses • ' ' • 17% 81% 15% Prohibiting the operation of a marpana business in any residential zone ' • 8%5°�° • . 80% 17% Prohibiting the operation of a dispensary o 0 66% 21% within 500 feet of another dispensary 14/0 /goo • , 13/0 Prohibiting the smoking, eating or otherwise ingesting marijuana at 12% 13% 64%64% 32% recreational marihuana stores FM 3 Q11 c,d,j-q&s-y.. I am going to read some additional potential regulations.After each one 1 mention,please tell me if you personally favor or oppose that local regulation. Not Part of Split Sample RESEARCH 13 Continued Strng. Fay. Smwt. Fay. Smwt. Opp. ■ Strng. Opp. DK/NA Total Total Allowing the City to select the operators Fay. Opp. of marijuana businesses after an evaluation by city staff and the Sheriff's 21% 8% � • . 8% 64% 28% Department Dedicating all of the revenue from a marijuana tax to increasing local law 20% 13% 8% 61% 31% enforcement Allowing the operation of a marijuana business in Commercial or Industrial � • , 21% 7% of 9% 61% 30% Zones only Prohibiting marijuana business owners who havepreviously operated illegally in , 10% 13% M9% 32% Temecula from applying for an operating • license FM 3 Q11 c, d,j-q&s-y.. I am going to read some additional potential regulations.After each one 1 mention,please tell me if you personally favor or oppose that local regulation. Not Part of Split Sample RESEARCH 14 Continued Strng. Fay. Smwt. Fay. Smwt. Opp. ■ Strng. Opp. DK/NA Total Total Fay. Opp. *Limiting the browing or cultivation of marihuana for commercial purposes to warehouses or similar 21% 1 ° • ' . 12% 57% 31% buildings Limiting the growing of marijuana for personal use to indoors only 17% 13% 12% 51% 38% *Allowing the outdoor commercial cultivation of marijuana 16% 11% 6% 31% 63% Allowing recreational marijuana businesses to deliver to hotels 10% 12% 6 19°% 77% FM 3 Q11 c, d,j-q&s-y.. lam going to read some additional potential regulations.After each one I mention,please tell me if you personally favor or oppose that local regulation. *Split Sample RESEARCH 15 of Overall levels of support and opposition do not change significantly after statements on both sides of the issue. Initial Support After Messages a Strongly support - 49% Total 49% Total Support Support Somewhat support 6% 55% 5% 54% Somewhat oppose 10% Total 10% Total Oppose Oppose Strongly oppose 32/0 42% 33% 43% Don't know/NA 4% 3% F ' - " 3 Q7& Q16 Total. Do you generally support or oppose the City's current ban on all marijuana businesses in Temecula? RESEARCH 17 wg:aa Conclusions ✓ There is a good deal of confusion about the current landscape of marijuana policy in the city. ✓ A majority of voters support the City's existing ban on marijuana businesses. ✓ There is openness to medical marijuana distribution in concept, but majority opposition to medical marijuana storefronts and delivery. ✓ More voters reject recreational marijuana businesses in Temecula, particularly retail stores. FM3 RESEARCH 19 Conclusions ✓ Voters support allowing labs that test marijuana products, as long as they do not sell directly to consumers, and a slim majority supports allowing transportation of marijuana products in the city. ✓ Other types of non-dispensary businesses such as cultivation and manufacturing do not have support of a majority of voters . ✓ There is a high degree of interest in regulating marijuana businesses should they become legal . ✓ Messaging about the pro's and con's of the City's ban has very little impact on voters' opinions . FM3 RESEARCH 20 For more information, contact: � o John@ FM3research.com Adam i� ■ _ Adam@ FM3research.com kk�x - 12100 Wilshire Blvd., Suite 350 FAI RBAN K, MASLI N, Los Angeles, CA 90025 F M 31 MAU LLI N, M ETZ Phone (310) 828-1183 RESEARCH & ASSOCIATES Fax (310) 453-6562 REQUESTS TO SPEAK AND DOCUMENTS SUBMITTED FOR THE RECORD REQUEST TO SPEAK CITY OF TEMECULA 1989 Date: I w;17: on: c Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA Subject: Cam'Na < S lt'2 o El Agenda Item No. For Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerkrp for 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: Phone Number: (, Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK/ CITY OF TEMECULA 19#9 Date: /1�r�� �{' ; ? I wish to speak on: Public Comment Circle One: CITY COUNCIL/ CSD/SARDA/THA/TPFA Subject: 1—? 'f z-,ZL ❑ Agenda Item No. �� For ❑ Against El Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. p Name: A)7;k A \j \ , Phone Number: `� `�` Address: �� Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK CITY OF TEMECULA ivxv Date: I wish to speak on: Public Comment Circle One: CITY COUNCIL/ CSD /SARDA/iTTHA/TPFA 1 Subject: I'J G M enN L,y Al c y jW ►V c�S 45 ,�.J�J1 )1 ea.- J Lt an El Agenda Item No. For ❑ Against ❑ Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerkrp for 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 may be submitted to the City Clerkrp for to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. Name: �h', ��J.t/s�,� Phone Number: Address: Email address: If you re 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 le��N CITY OF TEMECULA G989 ) Date: v I wish to speak on: Public Comment Circle One:, CITY COUNCIL /CSD /SARDA/THA/TPFA Subject: ElAgenda Item No. For ElAgainst )q�4 v4d /��/ Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk riot to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. '/ 7 _/ Name: O' o-fir Phone Number. ,(✓('— �� Address: If you are representing an organization or group, please give the name.- Please ame: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: ' 1 wish to speak on: ❑ Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA Subject: Agenda Item No. _3 For Against Request to Speak forms for Public Comments or items listed on the Consent Calendar may be submitted to the City Clerk grior 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 may be submitted to the City Clerk rior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record.. Name: KEN �ES';Mei �2 Phone Number: Address: Email address: If you are representing an organization or group, please give the name: Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. REQUEST TO SPEAK /\ CITY OF TEMECULA 1989 Date: I wish to speak on: 0 Public Comment Circle One: CITY COUNCIL/CSD/SARDA/THA/TPFA Subject: 13 dAgenda Item No. For a Against F Request to Speak forms for Public Comments or items listed on the Consent Calendar may 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 may be submitted to the City Clerk prior to the City Council addressing that item. Once the speaker is called to speak, please come forward to the podium and state your name for the record. ,[� _ Name: `" ` �"��""''J Phone Number: Address: � Email address: ^ If you are representing an organization or group, please give the name.- Please ame:Please note that all information presented at a City Council meeting becomes public record. All information provided is optional. B & P Oil Services Inc. / Pacific Real Estate (PRE) May 8, 2018 City of Temecula 41000 Main Street Temecula, California 92590 Re: Gateway Project-Planning Application No. PA 18-0588, a Modification Consisting of Condition of Approval Revisions to PA14-2708, a Tentative Parcel Map for the Creation of Six Lots from Four Existing Lots, PA14-2707, a Development Plan To Whom It May Concern: I am a duly authorized representative of B & P Oil Services Inc./Pacific Real Estate (PRE), the Applicant for City of Temecula Planning Application No. PA18-0588, a Modification consisting of Condition of Approval revisions to PA 14-2708, a Tentative Parcel Map for the creation of six lots from four existing lots, PA14-2707, a Development Plan to allow for the construction of four commercial buildings, and PA 16- 0090, a Development Plan to allow for the construction of an LA Fitness and the modification of those Planning Applications set for public hearing before the City Council on May 8, 2018, and I am authorized to execute this letter on behalf of the Applicant. On behalf of the Applicant, we hereby withdraw our objection to proposed Condition 100.h., Alternative 3, proposed to be added to these Planning Applications as the objection was described in the email from our attorney Philip Oberhansley to City Attorney Peter Thorson on May 7, 2018 at 5:41 pm. On behalf of the Applicant, we are in agreement with the language of proposed condition 100.h., Alternative 3, and agree that the condition is legal, valid, and binding on our successors and assigns. Amir De ozorgi