TOTAL NUMBERED LOTS. 6
IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TOTAL LETTERED LOTS 4
TOTAL NET AREA: 211.730 ACRES
TRACT MAP NO. 36959 -1
TOTAL GROSS AREA: 214.916 ACRES
BEING A SUBDIVISION OF PARCELS 1, 2, S AND 4 OF PARCEL MAP 23969 ON FILE IN BOOK 169 PACES 11 THROUGH 13 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, TOGETHER WITH PARCELS 20, 21, AND 23 THROUGH 29, INCLUSIVE, OF PARCEL MAP 18254 ON FILE IN BOOK 116, PAGES 69 THROUGH 78, INCLUSIVE OF PARCEL WHO RECORDS OF RIVERSIDE COUNTY, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
OWNER'S STATEMENT
WE HEREBY STATE THAT WE ARE THE OWNERS OF THE LAND INCLUDED WITHIN THE THIS IS A MAP OF A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF ME CIVIL CODE OF THE STATE OF CALIFORNIA IS FILED PURSUANT TO THE SUBDIVISION SHOWN HEREON; THAT WE ARE THE ONLY PERSONS WHOSE CONSENT
SUBDIVISION MAP ACT
IS NECESSARY TO PASS A CLEAR TITLE TO SAID LAND; THAT WE CONSENT TO THE HUNSAKER & ASSOCIATES, OCTOBER 2023
MAKING AND RECORDING OF THIS SUBDIVISION MAP AS SHOWN WITHIN THE DISTINCTIVE BORDER LINE.
FOR CONDOMINIUM PURPOSES
WE HEREBY DEDICATE AN EASEMENT FOR PUBLIC PURPOSES OVER LOTS "A" "B" "C", AND "D" FOR STREET AND PUBLIC UTILITY PURPOSES
NOTARY ACKNOWLEDGMENT ABANDONMENT NOTE
A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE PURSUANT TO SECTION 66434(g) OF THE SUBDIVISION MAP ACT, THE APPROVAL
NE ALSO HEREBY DEDICATE ABUTTERS RIGHTS OF ACCESS ALONG WESTERN BYPASS
VERIFIES ONLY THE IDENTITY OF THE INDIVIDUAL WHO SIGNED THE AND RECORDATION OF THIS TRACT MAP CONSTITUTES ABANDONMENT OF THE CORRIDOR TO THE PUBLIC AS SHOWN HEREON. THE OWNERS OF LOTS 1 AND 2
ABUTTING THIS HIGHWAY AND DURING SUCH TIME WILL HAVE NO RIGHTS OF ACCESS DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE FOLLOWING.
EXCEPT THE GENERAL EASEMENT OF TRAVEL. ANY CHANGE OF ALIGNMENT OR WIDTH
TRUTHFULNESS, ACCURACY, OR VALIDITY OF THAT DOCUMENT
EASEMENTS DEDICATED TO PUBLIC USE FOR STREET AND PUBLIC UTILITY PURPOSES,
THAT RESULTS IN ME VACATION THEREOF SHALL TERMINATE THIS DEDICATION AS STATE OF CALIFORNI4 ) SHOWN AS ROAD EASEMENTS IN LOTS 23' 24, 25, 26, 27, 29, AND 29 OF PARCEL TO THE PART VACATED.
COUNTY OF ) MAP 18254 FILED IN BOOK 116, PAGES 69-79 OF PARCEL MAPS.
WE ALSO HEREBY DEDICATE TO EASTERN MUNICIPAL WATER DISTRICT ('DISTRICT), A
PUBLIC AGENCY ORGANIZED AND EXISTING UNDER AND BY VIRTUE OF THE MUNICIPAL WATER DISTRICT LAW OF 1911, ITS SUCCESSORS AND ASSIGNS, A
PERPETUAL EASEMENT AND RIGHT OF WAY TO CONSTRUCT, MAINTAIN, ENLARGE,
RECONSTRUCT, REMOVE AND REPLACE, OPERATE, INSPECT, REPAIR, IMPROVE AND
RELOCATE SEWER FACILITIES, ALL AS SHOWN ON THIS MAP NUM THIS SUBDIVISION AND DESIGNATED "SEWER EASEMENT" HEREON, TOGETHER WHO THE RIGHT OF
ACCESS TO AND FROM SAID EASEMENT FOR THE PURPOSE OF EXERCISING THE RIGHTS GRANTED IN SAID EASEMENT. OWNER RETAINS THE RIGHT TO USE THE
EASEMENT AREA PROVIDED THAT OWNER SHALL NOT CONSTRUCT OR ERECT
BUILDINGS, MASONRY WALLS, MASONRY FENCES AND OTHER STRUCTURES OR
IMPROVEMENTS, OR PLANT OR GROW TREES OR SHRUBS, OR CHANGE ME SURFACE
GRADE OR INSTALL PRIVATELY OWNED PIPELINES WITHOUT THE PRIOR WRITTEN
CONSENT OF DISTRICT
NE HEREBY RETAIN LOT 3 INDICATED AS "OPEN SPACE" FOR PRIVATE USE FOR THE
SOLE BENEFIT OF OURSELVES, BOB SUCCESSORS, ASSIGNEES AND LOT OWNERS NOTHIN THIS TRACT MAP.
SB ALTAIR LLC, A DELAWARE LIMITED LIABILITY COMPANY
BY: BROOKFIELD TEMECULA LLC, A DELAWARE LIMITED LABILITY COMPANY,
ITS OPERATIONS MEMBER
BY. -
NAME
TITLE'
SOILS REPORT
PURSUANT TO THE PROVISIONS OF SECTION 66490 OF THE STATE SUBDIVISION MAP ACT. A PRELIMINARY SOILS REPORT WAS PREPARED BY EGC GEOTECHNICAE INC.
BLACK J. ELLIOT, ROE 77705 (PROJECT ENGINEER)
REGISTERED IN THE STATE OF CA. PROJECT NO. 21064-01. ON FEBRUARY 9, 2024, ON FILE IN THE OFFICE OF THE CITY ENGINEER, CITY OF TEMECULA. 20_ _ BEFORE ME,
-------- _ - -- ----- NOTARY PUBLIC,
PERSONALLY APPEARED
WHO PROVED TO ME ON THE BASIS OF SATISFACTORY EVIDENCE TO BE THE
PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND
ACKNOWLEDGED TO ME THAT HE/SHE/THEY EXECUTED THE SAME IN HIS/HER/THEIR
AUTHORIZED CAPACITY(IES), AND THAT BY HIS/HER/THEIR SIGNATURE(S) ON THE
INSTRUMENT THE PERSON((), OR THE ENTITY UPON BEHALF OF WHICH THE
PERSON(S) ACTED, EXECUTED THE INSTRUMENT
I CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF
CALIFORNIA THAT THE FOREGOING PARAGRAPH IS TRUE AND CORRECT
WITNESS MY HAND AND OFFICIAL SEAL
PLEASE PRINT NAME: - -
PRINCIPAL PLACE OF BUSINESS:
COMMISSION EXPIRATION DATE: _
COMMISSION NUMBER:
COUNTY
SIGNATURE OMISSIONS
THE SIGNATURES OF THE PARTIES LISTED BELOW, HOLDERS OF EASEMENTS PER
DOCUMENTS NOTED BELOW, HAVE BEEN OMITTED UNDER THE PROVISIONS OF SECTION 66436OH(3)(A)(i) OF THE SUBDIVISION MAP ACT, THEIR INTEREST IS SUCH
THAT IT CANNOT RIPEN INTO A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE GOVERNING BODY.
EASTERN MUNICIPAL WATER DISTRICT, HOLDER OF EASEMENTS RECORDED SEPTEMBER 27, 1990 AS INST N0. 357810, SEPTEMBER 26, 2018 AS INST NOS, 2018-0383679, 2018-0363680, AND 2018-0383681: MAY 23, 1990 AS INST. NOS 188789 AND 188790. ALL O.R.
COUNTY OF RIVERSIDE HOLDER OF AN EASEMENT RECORDED APRIL 8, 1988 AS INST NO, 93875 AND RE -RECORDED APRIL 15, 1988 AS INST ART 99905, BOTH O.R.
SOUTHERN CALIFORNIA GAS COMPANY, HOLDER OF AN EASEMENT RECORDED JUNE CE 1981 AS INST. NO, 114989, PR,
R.\1745\&Map\Tract Map\Phase I \FM ALTAIR SHE O1.dwgL19/25/2024 258 PML]WO. 2591-0015 DECLARATION OF DEDICATION RECORDED JUNE 18, 1985 AS INST. NO. 131686, O.R.
EASTERN MUNICIPAL WATER DISTRICTS ACCEPTANCE STATEMENT
I HEREBY STATE THAT THE EASEMENT DEDICATED ON THIS MAP TO THE EASTERN
MUNICIPAL WATER DISTRICT IS HEREBY ACCEPTED AND THE DISTRICT CONSENTS TO
THE RECORDATION THEREOF BY ITS DULY AUTHORIZED OFFICER
DATE:
SHEILA ZELAYA, BOARD SECRETARY OF THE
EASTERN MUNICIPAL WATER DISTRICT AND
THE BOARD OF DIRECTORS THEREOF.
TAX BOND CERTIFICATE
I HEREBY CERTIFY THAT A BOND IN THE SUM OF $
HAS BEEN EXECUTED AND FILED WITH THE BOARD OF SUPERVISORS OF THE
COUNTY OF RIVERSIDE, CALIFORNIA, CONDITIONED UPON THE PAYMENT OF ALL TAXES,
STATE, COUNTY, MUNICIPAL OR LOCAL, AND ALL SPECIAL ASSESSMENTS COLLECTED
AS TAXES, WHICH AT THE TIME OF THE FILING OF THIS MAP WITH THE COUNTY
RECORDER ARE A LIEN AGAINST SAID PROPERTY, BUT NOT YET PAYABLE, AND SAID BOND HAS BEEN DULY APPROVED BY SAID BOARD OF SUPERVISORS.
DATE:-------, 20_ -
CASH OR SURETY BOND
MATTHEW JENNINGS
COUNTY TAX COLLECTOR
BY -
DEPUTY
TAX COLLECTOR'S CERTIFICATE
I HEREBY CERTIFY THAT ACCORDING TO THE RECORDS OF THIS OFFICE, AS OF THIS
DATE, THERE ARE NO LIENS AGAINST THE PROPERTY SHOWN ON THE WITHIN MAP
FOR UNPAID STATE, COUNTY, MUNICIPAL OR LOCAL TAXES, OR SPECIAL
ASSESSMENTS COLLECTED AS TAXES, EXCEPT TAXES OR SPECIAL ASSESSMENTS
COLLECTED AS TAXES NOW A LIEN BUT NOT YET PAYABLE, WHICH ARE ESTIMATED TO BE f_
DATE:-------. 20_ -
MATTHEW TER NINGS
COUNTY TAX COLLECTOR
BY
SHEET 1 OF 9 SHEETS
RECORDER'S STATEMENT
FILED THIS - - - _ DAY OF _ - _ - - - - - - - _ 20_
AT - _ .M. IN BOOK - _ OF MAPS, AT PACES - - _ - _ - _
AT THE REQUEST OF THE CITY CLERK OF THE CITY OF IEMECULA.
No.
FEE I
PETER ALBANA, ASSESSOR -COUNTY CLERK -RECORDER
BY DEPUTY
SUBDIVISION GUARANTEE BY CHICA60 TIRE COMPANY
AS ORDER NUMBER 00199410-996-SDI-RT
SURVEYOR'S STATEMENT
I, JIMMY J. ELMORE, A LICENSED LAND SURVEYOR OF THE STATE OF CALIFORNIA,
HEREBY CERTIFY THAT THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION
AND IS BASED UPON A FIELD SURVEY IN CONFORMANCE WITH THE REQUIREMENTS
OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF SB ALTAIR LLC, A DEU WARE LIMITED LIABILITY COMPANY, IN FEBRUARY 2022. 1 HEREBY
STATE THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS
INDICATED OR THAT THEY WILL BE SET IN ACCORDANCE WITH THE TERMS OF THE
MONUMENT AGREEMENT FOR THE MAP AND THAT THE MONUMENTS ARE, OR WILL BE,
SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED, AND THAT THIS FINAL MAP SUBSTANTIALLY CONFORMS TO THE CONDITIONALLY APPROVED TENTATIVE MAP. THIS SURVEY IS TRUE AND COMPLETE AS SHOWN.
LAND SO
1. P
* L.S. 8483
NT P
------------
JIMMY J. ELMORE, L.S. 8483 OATS 9TP OF CALIQO�r
CITY ENGINEER'S STATEMENT
I HEREBY STATE THAT THIS MAP CONSISTING OF 9 SHEETS HAS BEEN EXAMINED BY
ME OR UNDER MY SUPERVISION AND FOUND TO BE SUBSTANTIALLY THE SAME AS IT APPEARED ON THE TENTATIVE MAP OF TRACT NO. 36959 AS FILED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF TEMECULA ON JANUARY 9, 2018, THE EXPIRATION DATE BEING JANUARY 9, 2038, THAT ALL PROVISIONS OF APPLICABLE
STATE LAW AND CITY REGULATIONS HAVE BEEN COMPLIED WITH, AND I AM SATISFIED
THIS MAP IS TECHNICALLY CORRECT
RON A. MORENO, LS, 7933 DATE
CITY ENGINEER
CITY OF TEMECULA
EO LAND SO
* NO. 7933 {r
NT P
9� OF CA11FD�2
CITY CLERMS STATEMENT
THE CITY COUNCIL OF THE CITY OF TEMECULA, STATE OF CALIFORNIA BY ITS CITY
CLERK, RANDI JOHL, HEREBY APPROVES THE TRACT MAP AND ACCEPTS THE OFFER OF DEDICATION FOR LOTS "A "B", "C", AND "D" MADE HEREON FOR STREET AND
PUBLIC UTILITY PURPOSES SUBJECT TO IMPROVEMENTS CONSTRUCTED IN
ACCORDANCE WHO CITY STANDARDS
WE ALSO ACCEPT THE DEDICATION OF ABUTTERS RIGHTS OF ACCESS ALONG WESTERN BYPASS CORRIDOR AS DEDICATED.
WE ALSO APPROVE THE ABANDONMENTS OF PUBLIC EASEMENTS AS SHOWN IN THE
ABANDONMENT NOTE
DATED: - - - - - 20_ -
BY
RAWL JOBE
CITY CLERK, CITY OF TEMECULA
MONUMENTATION LEGEND IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BILL- Q04,94a � N21549SHEET 2 OF 9 SHEETS
R : 3135
9 01 FOUND 3/4" IRON PIPE STAMPED "RCE 21914" PER PM 116/69-78. TRACT MAP No. 36959 -1 TYPICAL CORSED JOIN6PIPES) O2 FOUND 1" IRON PIPE STAMPED "LS 3799" PER PM 158/I6-17.. HEING A SUBDIVISION OF PARCELS 1, 2, J, AND 4 OF PARCEL MAP 23969 ON FILE IN HOOK 169 PACES 11 THROUGH 13 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, TOGETHER WITH PARCELS 20, 21, AND 23 THROUGH 29, INCLUSIVE, OF PARCEL MAP 18254 ON FILE IN BOOK 116, PAGES 69S OF BE'lilirNii O FOUND 1" IRON PIPE STAMPED "LS 8526" PER RS 144/13-16, THROUGH 78, INCLUSIVE OF PARCEL WHO RECORDS OF RIVERSIDE COUNTY, ALL IN THE CITY OF TEMECUU, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA. BEARINGS ARE BASED ON THE CALIFORNIA STATE PLANE COORDINATE SYSTEM O4 FOUND V IRON PIPE, ILLEGIBLE. THIS IS A MAP OF A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA IS FILED PURSUANT TO THE (CCS83), ZONE 6, (EPOCH 2O 10.0000), BASED LOCALLY ON N.G.S. COBS SUBDIVISION MAP ACT \ STATIONS 'BILL" AND 'P474' DISTANCED DERIVED FROM THE COORDINATE SYSTEM O FOUND LEAD AND DISC STAMPED "LS 8526" PER RS 114/13-16. HEREIN AND GROUND DISTANCES, AS THE COORDINATES HAVE GLEN SCALED TO HDNSAKER & ASSOCIATES, OCTOHER 2023 ^� 2 Q GROUND VALUES AT POINT "A" TO OBTAIN GRID LEVEL DISTANCES, MULTIPLY 6 FOUND V IRON PIPE STAMPED "LS 3799' PER PM 169 I I-13. o FOR CONDOMINIUM PURPOSES �l GROUND DISTANCES BY THE COMBINED SCALE FACTOR OF 0.9999059859 / - ; \
O FOUND V IRON PIPE, OPEN, SET TAG STAMPED L.S. 8483 cS®T ^`? PROCEDURE INDEX rP� 4�ti�� ��� � Oin
FOUND V IRON PIPE STAMPED "RCE 26159" PER RS 130/69. a3 ';O, o A ; INDICATES FOUND MONUMENT AS NOTED PER MONUMENT LEGEND. g. 0
9O FOUND 1" IRON PIPE STAMPED "RCE 16583" PER PM 78/5-8. c�70 OL� 4o A. RANCHO CALIFORNIA TOWN 2 h ��`o O INDICATES SET 1" IRON PIPE AND DISC STAMPED IS 8483". 1M FOUND 2" IRON PIPE STAMPED "LS 3163 PER PM 74/84-89_ 9 oRpGE ORJK c T1 �y�°R' ( ) INDICATES RECORD DATA PER RS 144/13-16. 11 FOUND NAIL IN CONCRETE PER PM 74/84-89. / L INDICATES RECORD DATA PER PM 116/69-78. 12 FOUND 3/4" IRON PIPE STAMPED "LS ]443" PER PM 233/23-26. y1 13 FOUND 3/4" IRON PIPE ILLEGIBLE, ACCEPTED PER PM 233/23-26. oRn T MORAG4 A SS SFNF CA TES SEARCHED FOR, NOTHING FOUND INDI(A) INDICATES RADIAL BEARING.
Id FOUND 1" IRON PIPE STAMPED "RCE 22031" PER RS 64/44-45. u j 4 ,� ACCESS RIGHTS RELINQUISHED PER PM 23969 IN BOOK 169 OF ca PARCEL MAPS, PAGES 11-73, FILED FEBRUARY 15, 1991.
O15 FOUND V IRON PIPE ILLEGIBLE, ACCEPTED PER RS 64 44-45. 400 0 400 B00 1200 VICINITY &HORIZONTAL / ACCESS RIGHTS RELINQUISHED HEREON.
CONTROL MAP �
16 FOUND 3/4" IRON PIPE ILLEGIBLE, ACCEPTED PER PM 116/69-]8. SCALE 1"=400' NOT TO SCALE - MONIIMENTATION NOTE 11 FOUND V IRON PIPE OPEN, ACCEPTED PER PM 78/5-8, q,Ays BE406 UNLESS OTHERWISE SHOWN ON THIS MAP, ALL INTERIOR LOT CORNERS WILL SET TAG STAMPED . �J /4�35 E.G.8. 8483. F N38°2842"W 1205.75' BE MONUMENTED BY A I" IRON PIPE AND DISC STAMPED "LS 8483".
W I F
18 FOUND ISC IRON PIPE STAMPED "MWD', ILLEGIBLE TR 30681 w RJ lj3�3O W f\/�� j J�/25 w vaxr K PER RS 127/80-93. w Zi w h ��
MF 333/ 13-21 C4 RS 80163 El. CR 30,9,90 Z4 WITH EXCEPTION TO PUBLIC UTILITIES, ALL IMPROVEMENTS WITHIN PRIVATE 16 FOUND 5/8" RESIN, NO REFERENCE, PER RIVj %% 3 ul RS 7714 5U] MO rJ/4:T 0— 2 So INCLUDING BUT NOT LIMITED T0: CURBS, GUTTER, A.C. PAVING, STREET LIGHTS, j STREETS ARE PRIVATELY OWNED AND ARE TO BE PRIVATELY MAINTAINED WITH RS 144/13-16. RJ1/I' 1 10/31-32 RS 1 JOI69 R✓ JF) �)
I A ti e /
_ _ �C, -' STORM DRAINS. ALL STORM WATER TREATMENT CONTROL FACILITIES ARE O20 FOUND 1" IRON PIPE STAMPED "LS 7993" �� � I x' R5 F`j/`j1-32 � RS 6O�/l � '� ` CONSIDERED PRIVATE REQUIRING PRIVATE MAINTENANCE.
PER MB 453/7-9.2J� ¢ RS 5414yl-4J
Jac PUJOL STREET I`1� _\ ENVIRONMENTAL CONSTRAINT SHEET 21 FOUND LEAD AND DISC STAMPED Q A' `�� �T}-, 77 (�
"LS 7993" PER MR 453/7-9. �1. r�9�• ya 1 I I I ' I �I I I \ \ _ N74 24564 ANVIRONMENTALTHE CITY OFCTOEMECUYI, INHTHE OFFICE IOF THE CITY ENGINEERD N20743245IN
: E C S BOOK T, PAGE 430. THIS AFFECTS ALL LOTS WITHIN THIS MAP.
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(SURVEY FEET, GRID)
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IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA INDEX SHEET LEGEND TRACT MAP NO. 36959-1
© INDICATES SHEET NUMBER (THIS SHEET ONLY). HEING A SUBDIVISION OF PARCELS 1, 2, J, AND 4 OF PARCEL MAP 23969 ON FILE IN HOOK 169 PACES 11 THROUGH 13 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, TOGETHER WILD PARCELS 20, 21, AND 23 THROUGH 29, INCLUSIVE, OF PARCEL MAP 18254 ON FILE IN BOOK 116, PAGES 69 INDICATES SHEET LIMITS (THIS SHEET ONLY). THROUGH 78, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, ALL IN THE CITY OF TEMECUTA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA.
EASEMENT LEGEND
0 EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWAGE TRANSMISSION AND A COLLECTION FACILITIES RECORDED SEPTEMBER 27, 1990 AS INST NO. 357810, O.R. 0 9
EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER AND ACCESS PURPOSES RECORDED SEPTEMBER 26, 2018 AS INST. NO. 2018-0383680, O.R.
EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER AND ACCESS PURPOSES RECORDED SEPTEMBER 26, 2018 AS INST. NO. 2018-0383681; O.R.
EASEMENT TO COUNTY OF RIVERSIDE FOR PUBLIC ROAD AND DRAINAGE PURPOSES,
INCLUDING PUBLIC UTILITY AND PUBLIC SERVICE AND INCIDENTAL PURPOSES RECORDED APRIL 8, 1988 AS INST NO. 93875 AND RE —RECORDED APRIL 15, 1988 AS INST. NO. 99905, BOTH O.R.
EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR SEWER AND ACCESS E PURPOSES RECORDED SEPTEMBER 26, 2018 AS INST. NO. 2018-0383679, O.R.
EASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR PUBLIC UTILITIES, ENTRY, % AND INCIDENTAL PURPOSES RECORDED MAY 23, 1990 AS INST NO. 188789, O.R.
R.\1745\&Map\Tact Map\Phase I\FM ALTAIR SOT 05.dwgL19/17/2024 345 PM[IWO. 2591-0015 THIS IS A MAP OF A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA IS FILED PURSUANT TO THE
SUBDIVISION MAP ACT
HUNSAKER & ASSOCIATES, OCTOBER 2023
FOR CONDOMINIUM PURPOSES
INDEX SHEET
SHEET 5 OF 9 SHEETS
EASEMENT LEGEND CONTINUED
EASEMENT TO SOUTHERN CALIFORNIA GAS COMPANY FOR PUBLIC UTILITIES, INGRESS, 6 EGRESS, AND INCIDENTAL PURPOSES RECORDED JUNE 19, 1981 AS INST NO. 114969, O.R
AAEASEMENT TO EASTERN MUNICIPAL WATER DISTRICT FOR PUBLIC UTILITIES, ENTRY, AND INCIDENTAL PURPOSES RECORDED MAY 23, 1990 AS INST NO. 188790, O.R.
A SEWER EASEMENT DEDICATED TO EASTERN MUNICIPAL WATER DISTRICT
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THIS IS A MAP OF A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNLA IS FILED PURSUANT TO THE SUBDIVISION IMP ACT, YR 305a 1
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THIS IS A NAP OF A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA IS FILED PURSUANT TO THE
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THIS IS A NAP OF A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNM IS FILED PURSUANT TO THE
SUBDIVISION MAP ACT,
HUNSAKER & ASSOCIATES, OCTOBER 2023
FOR CONDOMINIUM PURPOSES
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IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TRACT MAP NO. 36959-1
BEING A SU80IwSION OF PARCELS 1, 2, J, AND 4 OF PARCEL .NAP 23969 ON FILE IN HOOK 169 PACES 11 THROUGH 13 OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, TOGETHER WITH PARCELS 20, 21, AND 23 THROUGH 29, INCLUSNE, OF PARCEL MAP 18254 ON FILE IN ROOK 116, PAGES 69 THROUGH 78, INCLUSIVE OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, ALL IN THE CITY OF TEMECULA, COUNTY OF RIVERSIDE, STATE OF CALIFORNLA.
THIS IS A NAP OF A CONDOMINIUM PROJECT AS DEFINED IN SECTION 4125 OF THE CIVIL CODE OF THE STATE OF CALIFORNM IS FILED PURSUANT TO THE
SUDOIOSION MAP ACT,
HUNSAKER & ASSOCIATES, OCTOBER 2023
FOR CONDOMINIUM PURPOSES
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Item No. 13
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works/City Engineer DATE: November 12, 2024
SUBJECT: Approve Resolution Approving Purchase and Sale Agreement for Vacant Parcel Owned by Hoff Investments and PMD Investments (APN 910-262-003) PREPARED BY: Ron Moreno, Director of Public Works/City Engineer Anissa Sharp, Management Analyst
RECOMMENDATION: That the City Council take the following actions:
1. Adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING THAT CERTAIN AGREEMENT
ENTITLED PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN THE CITY OF
TEMECULA, AS BUYER, AND HOFF INVESTMENTS, L.P. AND
PMD INVESTMENTS, L.P. AS SELLERS (APN 910-262-003)
2. Authorize the City Manager to approve and execute all necessary documents, including escrow -related documents, and those documents in substantially the form attached to the agenda report, and take all necessary actions to effectuate the purchase of Assessor's Parcel Number 910-262-003.
BACKGROUND AND SUMMARY: The City seeks to acquire in fee the vacant parcel located at the northern terminus of Madison Avenue in the City of Temecula, and identified as Riverside County Tax Assessor's Parcel Number 910-262-003 ("Subject Property"). The Subject Property was listed for sale on the open market with Lee & Associates. The Subject Property is approximately 1.37 acres (59,677 square feet) in size. The Subject Property is described more particularly in Exhibit "A" and depicted on Exhibit `B" to the attached Purchase and Sale Agreement. The Subject Property is owned by Hoff Investments, L.P. and PMD Investments, L.P. ("Sellers").
The City obtained an independent fair market value appraisal of the Subject Properties prepared by the appraisal firm Perdue, Russell, & Matthies Real Estate Appraisal that used a date of value of February 2, 2024 ("Perdue Appraisal"). The City also obtained an appraisal review of the Perdue Appraisal dated April 5, 2024 prepared by Riggs & Riggs, Inc. ("Appraisal Review"). The
Appraisal Review found that the Perdue Appraisal complies with USPAP standards and that the Perdue Appraisal and its conclusions are sufficiently documented and supportable.
The City and the Owners negotiated the City's purchase of the Subject Property and agreed that the City would purchase the Subject Property for the purchase price of $1,552,000.00 (One Million Five Hundred Fifty -Two Thousand and no/100), which is the fair market value of the Subject Property as determined in the Perdue Appraisal.
The acquisition of the Subject Property results in the transfer of ownership of the Subject Property.
The City seeks to purchase the Subject Property for future public use, namely potential public street and highway purposes, and all uses necessary or convenient thereto for the proposed Phase III of the I-15/French Valley Parkway Improvements Project ("proposed Phase III"). The Subject Property is located within the footprint of the proposed Phase III. The acquisition of the Subject Properties for public use, namely for public street, highway and all uses necessary or convenient thereto is authorized pursuant to Government Code Sections 37350, 37350.5, 37351, 37353, 40401 and 40404, and other provisions of law.
Pursuant to the attached Purchase and Sale Agreement, the City would pay $1,552,000.00 for the Subject Property based on the fair market value estimate set forth in the Perdue Appraisal. The City is also responsible for any escrow -related and title -related costs or charges.
The City's consultant, Leighton Consulting, Inc. has prepared a Phase I Environmental Site Assessment Report as part of the City's due diligence for the potential acquisition of the Subject Property. The City reviewed the Phase I and determined not to proceed with a Phase II.
FISCAL IMPACT: The City will pay $1,552,000.00 for the Subject Property plus escrow -related and title -related costs, which include escrow closing costs and costs for the policy of title insurance for the Subject Property.
ATTACHMENTS: 1. Resolution
2. Purchase & Sale Agreement and Exhibits
Exhibit "A" - Legal Description of APN 910-262-003
Exhibit `B" - Depiction of APN 910-262-003
3. Project Description
4. Parcel Location Map
RESOLUTION NO.2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING THAT CERTAIN
AGREEMENT ENTITLED PURCHASE AND SALE
AGREEMENT AND JOINT ESCROW INSTRUCTIONS
BETWEEN THE CITY OF TEMECULA, AS BUYER, AND
HOFF INVESTMENTS, L.P. AND PMD INVESTMENTS,
L.P., AS SELLERS (APN 910-262-003)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Findings.
A. The City of Temecula ("City") is a municipal corporation, located in the County of Riverside, State of California.
B. The City seeks to acquire in fee the vacant parcel located at the northern terminus of Madison Avenue and identified as Riverside County Tax Assessor's Parcel Number 910-262- 003 ("Subject Property") that was listed for sale on the open market with Lee & Associates. The Subject Property is approximately 1.37 acres (59,677 square feet) in size. The Subject Property is described more particularly in Exhibit "A" and depicted on Exhibit `B" to the attached Purchase and Sale Agreement. The Subject Property is owned by Hoff Investments, L.P. and PMD Investments, L.P. ("Sellers").
C. The City obtained an independent fair market value appraisal of the Subject Properties prepared by the appraisal firm Perdue, Russell, & Matthies Real Estate Appraisal that used a date of value of February 2, 2024 ("Perdue Appraisal"). The City also obtained an appraisal review of the Perdue Appraisal dated April 5, 2024 prepared by Riggs & Riggs, Inc. ("Appraisal Review"). The Appraisal Review found that the Perdue Appraisal complies with USPAP standards and that the Perdue Appraisal and its conclusions are sufficiently documented and supportable.
D. The City and the Owners negotiated the City's purchase of the Subject Property and agreed that the City would purchase the Subject Property for the purchase price of $1,552,000.00 (One Million Five Hundred Fifty -Two Thousand and no/100), which is the fair market value of the Subject Property as determined in the Perdue Appraisal. The City has no current development plans for the Subject Properties.
E. The acquisition of the Subject Property results in the transfer of ownership of the Subject Property. The City seeks to purchase the Subject Property for future public use, namely potential public street and highway purposes, and all uses necessary or convenient thereto for the proposed Phase III of the I-15/French Valley Parkway Improvements Project ("proposed Phase III"). The Subject Property is located within the footprint of the proposed Phase III. The acquisition of the Subject Properties for public use, namely for public street, highway and all uses
necessary or convenient thereto is authorized pursuant to Government Code Sections 37350, 37350.5, 37351, 37353, 40401 and 40404, and other provisions of law.
Section 2. Approval of Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula, as Buyer, and Hoff Investments, L.P. and PMD Investments, L.P. as Sellers (APN 910-262-003, including Exhibits thereto. The City Council hereby approves the Purchase and Sale Agreement and Joint Escrow Instructions Between the City of Temecula as Buyer, and Hoff Investments, L.P. and PMD Investments, L.P., as Sellers (APN 910-262-003 ("Agreement") and exhibits thereto.
Section 3. Environmental Review. The approval of the acquisition of the Subject Properties is not a "project" under the California Environmental Quality Act (CEQA) because the acquisition does not involve a commitment to a specific project on the Subject Property that may result in a potentially significant physical impact on the environment, as contemplated by Title 14, California Code of Regulations, Section 15378(b)(4). The proposed acquisition is exempt from the requirements of CEQA and the City's CEQA Guidelines pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the acquisition of the Subject Property will have a significant effect on the environment. The acquisition of the Subject Property involves the transfer of ownership of interests in land only to hold the Subject Property for potential future public use. The City will undertake CEQA review at such time in the future when the City determines to proceed with any projects on said Subject Property.
Section 4. City Manager's Authority. The City Manager is authorized to execute the Agreement in substantially the form attached. A copy of the final Agreement shall be placed on file in the Office of the City Clerk. A copy of the recorded Grant Deed referenced in the Agreement and the form of which is attached as Exhibits to the Agreement shall also be placed on file in the Office of the City Clerk. The City Manager (or the City Manager's designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the Agreement, including but not limited to, execution of the Certificate of Acceptance, escrow -related documents, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement and to effectuate the acquisition of the Subject Property.
Section 5. Certification. The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of November, 2024.
James Stewart, 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of November, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN THE CITY OF
TEMECULA, AS BUYER, AND HOFF INVESTMENTS, L.P.
AND PMD INVESTMENTS, L.P., AS SELLERS (APN 910-
262-003)
This Purchase and Sale Agreement and Joint Escrow Instructions (Agreement) is entered into by and between the City of Temecula, a municipal corporation ("City"), as Buyer, and Hoff Investments, L.P., a California limited partnership, as to an undivided 50% interest, and PMD Investments, L.P., a California limited partnership, as to an undivided 50% interest, as Sellers, and constitutes an agreement to purchase and sell real property and the joint escrow instructions directed to First American Title Insurance Company ("Escrow Holder" or "Title Company"). Hoff Investments, L.P. and PMD Investments, L.P. are referred to below collectively as "Sellers". City and Sellers may be referred to below collectively as "Parties". The Agreement is effective as of the date that it is fully executed by the Parties ("Effective Date").
RECITALS
A. Sellers are the record fee owners of that certain vacant commercial real property located at the northern terminus of Madison Avenue in the City of Temecula and identified as Riverside County Tax Assessor's Parcel Number 910-262-003 ("Subject Property") that is approximately 1.37 acres (59,677 square feet) in size. The Subject Property is more particularly described on EXHIBIT "A" and roughly depicted on EXHIBIT `13 ", which are attached hereto and incorporated herein by this reference. The Subject Property includes all of the interests of Sellers in and to the Subject Property and all rights and appurtenances pertaining to said real property, including any improvements and landscaping, all rights, title, and interest of Sellers in and to adjacent streets, alleys, or rights of way; provided, however, the City shall have no right, title or interest in and to Sellers' adjacent real property.
B. Sellers listed the Subject Property for sale on the open market with Lee & Associates. The City obtained an independent fair market value appraisal of the Subject Property prepared by the appraisal firm Perdue, Russell, & Matthies Real Estate Appraisal that used a date of value of February 2, 2024 ("Appraisal"). The City also obtained an appraisal review of the Appraisal dated April 5, 2024 prepared by Riggs & Riggs, Inc. ("Appraisal Review"). The Appraisal Review found that the Appraisal complies with USPAP standards and that the Perdue Appraisal Report and its conclusions are sufficiently documented and supportable. Thus, Riggs & Riggs, Inc. recommended that the Appraisal be accepted in its current final form.
C. The City proposes to move forward with the design of the proposed Phase III of the I-15/French Valley Parkway Improvements Project. The Subject Property is located within the footprint of the proposed Phase III. The acquisition by the City of the Subject Property in fee enables the City to purchase the Subject Property in fee for future public use, namely public street and highway purposes, and all uses necessary or convenient thereto in connection with the proposed I-15/French Valley Parkway Improvements Project ("proposed French Valley Improvements").
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D. As of the Effective Date, the Subject Property is subject to the Declaration of Protective Covenants for the North Jefferson Business Park — Freeway recorded on June 21, 1989 as Document Number 205472 of Official Records of the County of Riverside, and amendments thereto (collectively "Declaration of Protective Covenants"). The Declaration of Protective Covenants was amended pursuant to that certain De -Annexation Amendment to Declaration of Protective Covenants for North Jefferson Business Park — Freeway Association ("2021 De - Annexation Amendment") executed on February 16, 2021 by the President of the Board certifying that at least 51 percent of the owners of the parcels within the North Jefferson Business Park — Freeway Association voted in favor of the subject 2021 De -Annexation Amendment in voting completed in February, 2021. Said 2021 De -Annexation Amendment was recorded on February 24, 2021 as Instrument 2021-0119144_ of Official Records of the County of Riverside. Said 2021 De -Annexation Amendment amended Section 19.2 of the Declaration of Protective Covenants to authorize the Board of Directors of the North Jefferson Business Park — Freeway Association to de -annex those properties located within the North Jefferson Business Park — Freeway acquired by the City of Temecula, the City of Murrieta, or other governmental agency by negotiated acquisition for public use.
E. Sellers and the City have negotiated City's purchase of the Subject Property in fee.
Sellers desire to sell, and City desires to buy the Subject Property in fee, including all improvements thereon and all of Sellers' interest in and to the Subject Property, on the terms and conditions set forth herein.
NOW THEREFORE, in consideration of the above Recitals, which are incorporated herein by this reference, and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Sellers agree to the following:
1. Purchase and Sale. On the Close of Escrow, as defined in Section 2 below, Sellers agree to sell the Subject Property in fee to City and City agrees to purchase the Subject Property in fee from Sellers on the terms and conditions set forth in this Agreement.
2. Opening and Close of Escrow. Within five business days after the Effective Date, City will deliver a copy of the fully -executed Agreement to Escrow Holder. Opening of Escrow means the date on which Escrow Holder receives a copy of the fully -executed Agreement and signs such Agreement consenting to be Escrow Holder ("Opening of Escrow"). The Parties can execute the Agreement in counterparts as set forth in Section 231 below. This Agreement shall serve as the instructions to Escrow Holder for consummation of the transactions contemplated hereby. City and Sellers agree to execute such additional and supplementary escrow instructions as may be appropriate to enable Escrow Holder to comply with the terms of this Agreement; provided, however, that in the event of any conflict between the terms and provisions of this Agreement and the terms and provisions of any supplementary escrow instructions, the terms and provisions of this Agreement shall control. For purposes of the Agreement, Close of Escrow (or Closing) is the date on which the Grant Deed for the Subject Property and the documents referenced in Section 6 are recorded in the Official Records of the County of Riverside. The Close of Escrow will occur no later than sixty (60) calendar days after Opening of Escrow. -2-
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Purchase Price.
a. Purchase Price. The total purchase price that City will pay to Sellers for the Subject Property is the sum of $1,552,000.00 (One Million Five Hundred Fifty -Two Thousand Dollars and no/100) for the fair market value of the Subject Property (referred to below as the "Purchase Price"). No attempt has been made to assign value to the lesser interest in the Subject Property. Thus, the Purchase Price is the total price for the Subject Property without distinction or separation for various interests that may be held in the Subject Property. Sellers are responsible for any apportionment or allocation of the Purchase Price if required for any separately held interests that may exist in the Subject Property.
4. Title and Title Insurance.
a. Upon the Opening of Escrow, Title Company will obtain and issue a title commitment for the Subject Property. Title Company will also request two copies each of all instruments identified as exceptions on said title commitment. Upon receipt of the foregoing, Title Company will deliver these instruments and the title commitment to City and Sellers. b. City will have until the expiration of the Due Diligence Period (as defined below in Section 9) to disapprove any exceptions to title shown on the Preliminary Title Report or reflected on the Survey (collectively, "Disapproved Exceptions") and to provide Sellers with notice of disapproval in writing describing the defect with reasonable particularity (the "Disapproval Notice"). Any exceptions to title not disapproved by City within such period shall be deemed approved. Within five (5) business days of Sellers' receipt of a Disapproval Notice, Sellers will have the right, but not the obligation, to notify City in writing that Sellers intend to remove the Disapproved Exceptions. If Sellers notify City of an intention to eliminate the Disapproved Exceptions, Sellers will do so concurrently with or prior to the Close of Escrow. If Sellers do not elect to remove any of the Disapproved Exceptions, City may elect to terminate this Agreement or to take the Subject Property subject to the Disapproved Exceptions by notifying in writing Sellers within three (3) business days after the expiration of Sellers' election period. In any event, Sellers covenant to pay in full all loans secured by mortgages and deeds of trust encumbering the Subject Property and to remove any mechanics liens and any other monetary liens encumbering the Subject Property (other than current real property taxes and assessments which are not due and payable) prior to or concurrently with the Close of Escrow; provided, however, Sellers will have the right to bond over mechanic's liens so long as such bond is reasonably acceptable in form and substance to City and is sufficient to allow the Title Company to insure over such liens in the Title Policy (as defined in Section 4.c. below). The Title Policy will include such endorsements as City will reasonably request and which Title Company agrees to issue on or before the expiration of the Due Diligence Period. Any Title Policy endorsements are to be paid for by City. Whether or not City will have furnished to Sellers any Disapproval Notice pursuant to the foregoing provisions of this Agreement, City may, at or prior to the Close of Escrow, notify Sellers in writing of any objections to title first raised by the Title Company between (a) the last date on which City is entitled to make such an objection as set forth above and (b) the date on which the transaction contemplated herein is scheduled to close. With respect to any Disapproved Exceptions set forth in such notice, Sellers will have the same option to cure (or in the case of a monetary lien, the obligation to obtain the removal or bonding thereof as provided above) and City will have the same option to accept title subject to such matters or to terminate -3-
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this Agreement as those which apply to any notice of Disapproved Exceptions made by City before the expiration of the Due Diligence Period.
C. City's obligation to consummate the purchase of the Subject Property is conditioned upon the irrevocable commitment by the Title Company, issued on or before the expiration of the Due Diligence Period, and reconfirmed not later than one (1) business day prior to the Close of Escrow, to issue a CLTA Standard Coverage Owner's Policy of Title Insurance (or an ALTA Extended Coverage Form of Title Policy if City elects such coverage as provided in Section 4.d. below) insuring (i) the fee interest of the City to the Subject Property, which is described in the form of Grant Deed attached as EXHIBIT "C" to this Agreement, in the amount of $1,552,000.00 ("Title Policy"), subject only to the following permitted conditions of title (the "Permitted Title Exceptions"):
i. General and special real property taxes and assessments for the then current tax fiscal year which are a lien not then due and payable; ii. The applicable zoning, building, and development regulations of any municipality, county, state, or federal jurisdiction affecting the Subject Property; iii. Such other exceptions listed in the Preliminary Title Report that have been approved, or been deemed approved, by City as provided in Section 4.b; and iv. Any exceptions directly or indirectly caused by City or City's agents, employees or contractors.
d. At City's election and cost, City may cause the Title Company to provide City with an ALTA Extended Coverage Owner's Policy. Notwithstanding the foregoing, City's receipt of an ALTA policy shall only be a condition to closing provided that City pay the cost of the ALTA policy in excess of the cost of a CLTA policy and City obtain an ALTA survey acceptable to the Title Company prior to the expiration of the Due Diligence Period. Sellers shall not encumber the Subject Property during the period from the Effective Date to the Close of Escrow or the date of the termination of this Agreement.
5. Deposit of Funds in Escrow.
a. City shall pay all costs of the Title Policy described in Section 4, escrow - related costs, and all other customary costs and expenses of Closing. b. The City covenants and agrees to deposit into Escrow the Purchase Price for the Subject Property. The City also covenants and agrees to deposit its share of escrow -related costs or charges within five (5) business days of receiving written notice from Escrow Holder regarding the confirmation of the completion of the conditions required herein for the Close of Escrow.
6. Deposit of Documents in Escrow by Seller.
a. Grant Deed. Sellers will, within five (5) business days after the City approval of the Due Diligence Period, deposit the Grant Deed conveying in fee to the City the 9111
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Subject Property, which is more particularly described in the form of Grant Deed attached as EXHIBIT "C" hereto, duly executed and acknowledged by Sellers. City will accept said executed Grant Deed prior to recording.
b. Certification of Non -Foreign Status. Sellers will deliver to Escrow Holder, prior to the Close of Escrow, a certification of Non -Foreign Status in accordance with I.R.C.
Section 1445.
C. Withholding Exemption Certificate. Sellers will deliver to Escrow Holder, prior to the Close of Escrow, a Withholding Exemption Certificate 593-C as contemplated by California Revenue and Taxation Code Section 18862.
d. Proof of Sellers' Authorization. Sellers will deliver to Escrow such proof of Sellers' authorization to enter into this transaction as Escrow Holder may reasonably require to issue the Title Policy.
7. Authorization to Record Documents and Disburse Funds and Order of Reeordin. Escrow Holder is hereby authorized to record the documents and disburse the funds and documents called for hereunder upon the Close of Escrow, provided each of the following conditions has then been fulfilled:
a. Escrow Holder can issue in favor of City the Title Policy showing the fee interest of the City to the Subject Property described in the Grant Deed attached as EXHIBIT "C", subject only to the Permitted Title Exceptions. Escrow Holder will use the proceeds of the Purchase Price to obtain a full reconveyance of any monetary liens encumbering the Subject Property, so that the Subject Property is free and clear of monetary liens and encumbrances at the Close of Escrow. Escrow Holder will obtain final approval from Sellers regarding the disbursement of the proceeds prior to disbursing any such proceeds to the holder(s) of the monetary liens encumbering the Subject Property.
b. City will have deposited with Escrow Holder the Purchase Price for the Subject Property, consisting of the sum of $1,552,000.00, plus any escrow -related and/or any title - related costs or charges.
C. Escrow Holder will have received City's notice of approval or satisfaction or waiver of all of City's contingencies as provided for below in Section 14.a. d. Sellers will have deposited in Escrow the executed Grant Deed in the form attached as EXHIBIT "C" for the Subject Property.
e. Unless otherwise instructed in writing, Escrow Holder is authorized to record at the Close of Escrow any instrument delivered through this Escrow if necessary or proper for issuance of the Title Policy, including the Grant Deed for the Subject Property with the Certificate of Acceptance.
Escrow Charles and Prorations.
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a. If the Escrow shall fail to close due to Sellers' default or a failure of a condition precedent required by City under this Agreement as provided in Sections 6 and 14, Sellers shall pay all Escrow cancellation charges.
b. City shall pay (i) all of the fees and charges of Escrow Holder, (ii) the cost of the premium for the CLTA Standard Coverage portion of the Title Policy, (iii) any documents or other local transfer taxes, of any, on the transfer of the Subject Property, (iv) the cost ofpremium for the Title Policy in excess of the premium for a CLTA Standard Coverage policy, if any (v) the cost of all endorsements to the Title Policy, if any (vi) all costs and charges for the recordation of the Grant Deed, and (vii) all costs and expenses in connection with an ALTA Survey of the Subject Property, if the City determines to obtain such ALTA Survey. If the Escrow shall fail to close due to City's default or a failure of a condition precedent required by Seller under this Agreement as provided in Sections 5 and 14, City shall pay all Escrow cancellation charges.
C. Taxes and assessments levied against the Subject Property will be apportioned with respect to the Subject Property as of 12:01 a.m., on the day on which the Close of Escrow occurs, as if City were vested with title to the Subject Property during the entire day upon which the Close of Escrow occurs.
d. Notwithstanding anything contained in Section 8.c., any installment of taxes or assessments for the current year paid at or prior to the Close of Escrow shall be prorated based upon the amounts actually paid. If taxes and assessments for the current year have not been paid before the Close of Escrow, Sellers will be charged at the Close of Escrow an amount equal to that portion of such taxes and assessments which relates to the period before the Close of Escrow and City will pay the taxes and assessments prior to their becoming delinquent. Any such apportionment made with respect to a tax year for which the tax rate or assessed valuation, or both, have not yet been fixed shall be based upon the tax rate and/or assessed valuation last fixed. To the extent that the actual taxes and assessments for the current year differ from the amount apportioned at the Close of Escrow, the Parties will make all necessary adjustments by appropriate payments between themselves following the Close of Escrow. All delinquent taxes and assessments (and any penalties therein) for periods prior to the Close of Escrow, if any, affecting the Subject Property will be paid by Sellers.
e. All prorations shall be determined on the basis of a 365 day year. The provisions of this Section 8 will survive the Close of Escrow.
9. Due Diligence Period and Due Diligence Testing.
a. Prior to the Effective Date, the City engaged a consultant to prepare a Phase 1 Environmental Site Assessment for the Subject Property. The City will deliver to Sellers a copy of said Phase 1 ("Phase I") within five (5) business days of the Effective Date. b. Within five (5) business days after the Effective Date, Sellers will deliver to City all documents, reports, agreements, or other items in its possession or control relating to the Property, including without limitation the following (collectively, the "Subject Property Materials"): (i) all licenses, leases, and permits affecting or relating to the ownership, subdivision, possession, or development of the Subject Property; (ii) applications and correspondence or other -6-
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written communications to or from any governmental entity, department, or agency other than City regarding any permit, approval, consent, or authorization with respect to the development of the Subject Property or the construction of improvements thereon; (iii) the most recent survey, if any, pertaining to the Subject Property or any portion thereof, and (iv) soils reports, engineering data, environmental reports, and other data or studies pertaining to the Subject Property or any portion thereof, including, but not limited to a Natural Hazard Report.
C. Based on the review of the Phase 1 of the Subject Property, the City has determined not to obtain a Phase 2 Environmental Site Assessment or to conduct any additional physical due diligence testing. During the period commencing on the effective date of the Agreement and ending at 5:00 p.m. 30 calendar days after the effective date ("Due Diligence Period"), City may analyze the Subject Property Materials provided by Sellers. City will have said thirty(30)-day Due Diligence Period to analyze the documents provided by Sellers, title commitment for the Subject Property, and any exceptions identified in said title commitment in accordance with Section 4
10. Covenants, Warranties, and Representations of Sellers; Indemnity. Sellers hereby covenant, represent, and warrant to City the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct in all material respects as of the effective date of this Agreement. If Sellers acquire additional knowledge regarding the matters that are the subject of the warranties or representations contained in this Section 10 that would cause any of such warranties or representations to be incorrect in any material respect prior to the Close of Escrow, Sellers will give prompt written notice thereof to City. Within ten (10) business days following receipt of such notice, City may elect to cancel this Agreement and receive a refund of the funds deposited in escrow, except for City's share of any escrow cancellation charges. As of the Close of Escrow, the warranties and representations contained in this Section 10 shall be true and correct in all material respects, subject to any matters disclosed in writing by Sellers to City as provided in this Section 10 and will survive the Close of Escrow:
a. Sellers are the fee owners of the Subject Property and no other party has a fee interest in any portion of the Subject Property.
b. To Sellers' current and actual knowledge, with no duty of inquiry or investigation, that (i) on the Close of Escrow the Subject Property will be flee and clear of any and all hazardous or toxic substances, materials, and waste, including, but not limited to, asbestos and (ii) Sellers have no notice of any pending or threatened action or proceeding arising out of the condition of the Subject Property or alleged violation of environmental, health or safety statutes, ordinances, or regulations. Sellers will indemnify and hold the City harmless for a breach of this warranty and representations. Hazardous Substances are defined below in Section 17(a).
C. To Sellers' current and actual knowledge, with no duty of inquiry or investigation, Sellers have not received any written notice, warning, notice of violation, administrative complaint, judicial complaint, or other formal or informal notice alleging that conditions on the Subject Property are or have been in violation of any Environmental Law as described below in Section 17(b), or informing Sellers that the Subject Property are subject to investigation or inquiry regarding Hazardous Substances (as defined in Section 17(a)) on the Subject Property or the potential violation of any Environmental Law. -7-
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d. Neither this Agreement nor anything provided to be done hereunder, including the transfer of the Subject Property to City, violates or will violate any contract, agreement or instrument to which Sellers are a party, or which affects the Subject Property, and the Sellers' grant of the fee interest in the Subject Property to City pursuant to this Agreement does not require the consent of any party not a signatory hereto. e. To Sellers' current and actual knowledge, with no duty of inquiry or investigation, there is no pending, threatened or potential litigation, action or proceeding against Sellers or any other party before any court or administrative tribunal that involves the Subject Property or any portion thereof.
f. Except as disclosed in the title coininitment referred to in Section 4, or as otherwise disclosed in writing by Sellers during Escrow, there are no claims or liens presently claimed or that will be claimed against the Subject Property for work performed or commenced by contractors, subcontractors, suppliers, engineers, and/or architects, and surveyors who might have lien rights prior to the date of this Agreement; provided, however, the foregoing shall apply only to claims or liens arising out of the actions of Seller, its contractors, subcontractors, suppliers, engineers, and/or architects, and surveyors. Sellers agree to hold City harmless from all costs, expenses, liabilities, losses, charges, fees, including attorney fees, arising from or relating to any such lien or any similar lien claimed against the Subject Property and arising from work performed or commenced prior to the Close of Escrow.
g. Sellers have the fiill right and power to execute, deliver, and perform Sellers' obligations under this Agreement, and when executed and delivered, Sellers will be lawfully bound by the terms of the Agreement. Sellers are the sole owners of the Subject Property free and clear of all liens, claims, encumbrances, easements, encroachments from adjacent properties, encroachments by improvements or vegetation on the Subject Property onto adjacent property, or rights of way of any nature, other than those that may appear on the title commitment.
Sellers will not further encumber the Subject Property or allow the Subject Property to be further encumbered prior to the Close of Escrow.
h. Sellers are not a "foreign persons" within the meaning of Section 1445(fl(3) of the Internal Revenue Code.
i. There are no (i) assignable contracts and agreements relating to or affecting the Subject Property to which Sellers are a party or is obligated and pertaining to the upkeep, repair, maintenance, operation, or remediation of the Subject Property that will survive the Close of Escrow or (iii) other contracts or agreements, such as maintenance, service or utility contracts relating to or affecting the Subject Property to which Sellers are a party or are obligated that will survive the Close of Escrow.
j. WITH THE EXCEPTION OF ANY REPRESENTATIONS,
COVENANTS OR WARRANTIES OF SELLERS AS SET FORTH IN THIS AGREEMENT,
THE CITY ACKNOWLEDGES AND AGREES THAT IT IS PURCHASING THE SUBJECT
PROPERTY BASED SOLELY UPON BUYER'S INSPECTION AND INVESTIGATION OF
THE SUBJECT PROPERTY AND ALL DOCUMENTS RELATED THERETO, OR ITS
OPPORTUNITY TO DO SO, AND THAT THE CITY IS PURCHASING THE SUBJECT -8-
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PROPERTY IN ITS "AS IS" "WHERE IS" AND "WITH ALL FAULTS" CONDITION, WITHOUT ANY RIGHT OF SET-OFF OR REDUCTION IN THE PURCHASE PRICE. THE
CITY ACKNOWLEDGES THAT IT WILL HAVE ADEQUATE OPPORTUNITY TO
INSPECT THE SUBJECT PROPERTY, AND THAT THE CITY SHALL RELY
EXCLUSIVELY ON ITS OWN INVESTIGATION OF THE SUBJECT PROPERTY, AND
ACCEPTS THE RISK THAT ANY INSPECTION MAY NOT DISCLOSE ALL MATERIAL MATTERS AFFECTING THE SUBJECT PROPERTY. THE CITY FURTHER AGREES THAT
IT IS PURCHASING THE SUBJECT PROPERTY, AND SHALL ACCEPT THE SUBJECT
PROPERTY, WITHOUT ANY REPRESENTATION OR WARRANTY WHATSOEVER, EXPRESS, IMPLIED OR OTHERWISE, INCLUDING WITHOUT LIMITATION AS TO THE:
(A) VALUE, NATURE, QUALITY OR PHYSICAL CONDITION OF THE SUBJECT PROPERTY; (B) INCOME DERIVED FROM THE SUBJECT PROPERTY; (C)
MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS OF THE SUBJECT PROPERTY FOR A PARTICULAR PURPOSE; (D) COMPLIANCE OF OR BY THE
SUBJECT PROPERTY OR ITS OPERATIONS WITH ANY LAWS, RULES, ORDINANCES
OR REGULATIONS OF ANY GOVERNMENTAL AUTHORITY OR BODY, INCLUDING
WITHOUT LIMITATION ANY OF THE FOREGOING RELATING TO ZONING, LAND USE OR ENVIRONMENTAL REQUIREMENTS; (E) MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY; (F) THE ENVIRONMENTAL CONDITION OF THE PROPERTY; (G) ABILITY TO DEVELOP THE SUBJECT PROPERTY OR ANY RESTRICTIONS ON DEVELOPMENT; (H) THE SQUARE FOOTAGE OF THE SUBJECT PROPERTY; (I) ANY IMPROVEMENTS AND INFRASTRUCTURE, DEVELOPMENT RIGHTS, EXACTIONS AND EXPENSES ASSOCIATED WITH THE SUBJECT PROPERTY; (J) TAXES, ASSESSMENTS, BONDS, PERMISSIBLE USES, TITLE EXCEPTIONS, WATER
OR WATER RIGHTS, TOPOGRAPHY, UTILITIES, ZONING OF THE SUBJECT PROPERTY; (K) SOIL, SUBSOIL, DRAINAGE, ENVIRONMENTAL OR BUILDING LAWS, RULES OR REGULATIONS; OR (L) ANY OTHER MATTER REGARDING THE SUBJECT
PROPERTY, AND SELLER EXPRESSLY DISCLAIMS EACH AND EVERY SUCH REPRESENTATION AND WARRANTY.
11. Representations and Warranties of City. City hereby represents and warrants to Sellers the following, it being expressly understood and agreed that all such representations and warranties are to be true and correct as of the Close of Escrow and shall survive the Close of Escrow:
a. The City has taken all required action to permit them to execute, deliver, and perform its obligations under this Agreement.
b. The City has the power and authority to execute and deliver this Agreement and carry out its respective obligations hereunder and consummate the transactions contemplated herein.
C. Neither this Agreement nor anything to be provided to be done under this Agreement violates or shall violate, any contract, instrument, partnership agreement, trust agreement, or any other agreement to which City is a party, and which affects the Subject Property, and the purchase of the Subject Property herein contemplated does not require the consent of any party not a signatory hereto.
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12. Full Payment of Purchase Price for the Subject Property. It is understood and agreed between Sellers and City that City's payment to Sellers of the Purchase Price is an all- inclusive settlement and constitutes the fiill and complete consideration and payment of just compensation for City's acquisition of the Subject Property in fee. Specifically, the payment by the City to Sellers of the Purchase Price of $1,552,000.00 constitutes the full and complete consideration and payment of just compensation for the acquisition by City of the Subject Property in fee. The Purchase Price is also full and complete consideration for all claims arising in connection with or out of City's acquisition of the Subject Property for the respective proposed public use, claims for severance and other damages, inverse condemnation, precondemnation damages, attorneys' fees, interest, loss of rents, and any other damages of every kind and nature suffered by Sellers by reason of City's acquisition of the Subject Property or the public use for which City is acquiring the Subject Property in fee, and all costs and expenses whatever in connection therewith.
13. Releases.
a. Sellers' Civil Code Section 1542 Release. THIS AGREEMENT IS A
VOLUNTARY AGREEMENT AND SELLERS, ON THE CLOSE OF ESCROW, ON BEHALF
OF SELLERS AND SELLERS' SUCCESSORS AND ASSIGNS, FULLY RELEASES THE
CITY, COUNCILMEMBERS, BOARD MEMBERS, OFFICIALS, COUNSEL, EMPLOYEES,
AND AGENTS, FROM ALL CLAIMS AND CAUSES OF ACTION BY REASON OF ANY
DAMAGE THAT HAS BEEN SUSTAINED, OR MAY BE SUSTAINED, AS A RESULT OF
CITY'S EFFORTS TO ACQUIRE THE SUBJECT PROPERTY IN FEE OR ANY
PRELIMINARY STEPS THERETO AND FROM ANY AND ALL CLAIMS, DEMANDS,
CAUSES OF ACTION, OBLIGATIONS, LIABILITIES OR CLAIMS FOR FURTHER COMPENSATION RELATING TO CITY'S PURCHASE OF THE SUBJECT PROPERTY.
SELLERS ACKNOWLEDGE THAT SELLERS MAY HAVE SUSTAINED DAMAGE, LOSS,
COSTS, OR EXPENSES THAT ARE PRESENTLY UNKNOWN AND UNSUSPECTED, AND
SUCH DAMAGE, LOSS, COSTS OR EXPENSES WHICH MAY HAVE BEEN SUSTAINED,
MAY GIVE RISE TO ADDITIONAL DAMAGES, LOSS, COSTS OR EXPENSES IN THE FUTURE. NEVERTHELESS, SELLERS HEREBY ACKNOWLEDGE THAT THIS
AGREEMENT HAS BEEN NEGOTIATED AND AGREED UPON IN LIGHT OF THAT
SITUATION, AND HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS THAT SELLERS MAY HAVE UNDER CALIFORNIA CIVIL CODE SECTION 1542 ("SECTION 1542"), OR UNDER ANY STATUTE OR COMMON LAW OR EQUITABLE PRINCIPLE OF SIMILAR EFFECT AS THESE MAY RELATE TO RELEASES DESCRIBED HEREIN. i. IN CONNECTION WITH THE GENERAL RELEASE SET
FORTH HEREIN, SELLERS HEREBY ACKNOWLEDGE THAT THEY HAVE READ AND ARE FAMILIAR WITH THE PROVISIONS OF SECTION 1542, WHICH IS SET FORTH BELOW. NOTWITHSTANDING THE FOREGOING, SUBJECT TO THE SURVIVAL
PERIOD, THE FOREGOING RELEASE SHALL NOT APPLY TO THE VIOLATION OF ANY
REPRESENTATIONS, WARRANTIES OR COVENANTS OF THE CITY HEREIN, OR IN
ANY DOCUMENTS ATTACHED HERETO, THAT ARE EXPRESSLY PROVIDED TO
SURVIVE THE CLOSING (AND HAVE NOT BEEN WAIVED OR DEEMED WAIVED BY SELLERS PURSUANT TO THE TERMS OF THIS AGREEMENT). NEVERTHELESS,
SELLERS HEREBY EXPRESSLY WAIVE ANY AND ALL RIGHTS THAT SELLERS MAY -10-
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HAVE UNDER SECTION 1542, OR UNDER ANY STATUTE OR COMMON LAW OR
EQUITABLE PRINCIPLE OF SIMILAR EFFECT AS THESE MAY RELATE TO RELEASES DESCRIBED HEREIN. SECTION 1542 PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
City and Sellers acknowledge this Section by placing their initials below:
Initials of Hoff Investments, L.P. r
Initials of PMD Investments,
Initials of City:
b. City's Civil Code Section 1542 Release. WITHOUT LIMITING THE
GENERALITY OF ANY OF THE FOREGOING, THE CITY ON ITS OWN BEHALF AND ON
BEHALF OF ITS COUNCILMEMBERS, BOARD MEMBERS, OFFICIALS, COUNSEL,
EMPLOYEES, AND AGENTS, SUCCESSORS AND ASSIGNS (COLLECTIVELY WITH THE CITY, THE "BUYER PARTIES"") AS OF THE CLOSE OF ESCROW, HEREBY FULLY
AND IRREVOCABLY RELEASES SELLERS AND SELLERS' AGENTS, MEMBERS,
MANAGERS, PARTNERS, EMPLOYEES, REPRESENTATIVES, OFFICERS, DIRECTORS,
RELATED AND AFFILIATED ENTITIES, ATTORNEYS, DIRECT OR INDIRECT OWNERS,
SHAREHOLDERS, SUCCESSORS AND ASSIGNS (COLLECTIVELY WITH SELLER, THE "SELLERS PARTIES") FROM ANY AND ALL CLAIMS, WHETHER KNOWN OR
UNKNOWN, THAT THE CITY PARTIES MAY HAVE OR THEREAFTER ACQUIRE
AGAINST THE SELLERS PARTIES ARISING FROM OR RELATED TO ANY MATTER OF
ANY NATURE RELATING TO (A) ANY PAST, PRESENT OR FUTURE PRESENCE OR
EXISTENCE OF HAZARDOUS MATERIALS ON, UNDER, ABOUT OR IN THE VICINITY
OF OR MIGRATING ONTO OR FROM THE PROPERTY (INCLUDING, WITHOUT
LIMITATION, IN THE GROUNDWATER UNDERLYING THE PROPERTY) OR ANY PAST, PRESENT OR FUTURE VIOLATIONS OF ANY ENVIRONMENTAL LAWS; (B) THE
CONDITION OF THE PROPERTY INCLUDING WITHOUT LIMITATION ANY LATENT
OR PATENT CONSTRUCTION DEFECTS, ERRORS OR OMISSIONS, COMPLIANCE
WITH LAW, AND ENVIRONMENTAL MATTERS WITHIN, UNDER OR UPON, OR IN THE
VICINITY OF THE PROPERTY, (C) ANY STATUTORY OR COMMON LAW RIGHT
BUYER MAY HAVE TO RECEIVE DISCLOSURES FROM SELLER, INCLUDING,
WITHOUT LIMITATION, ANY DISCLOSURES AS TO A PROPERTY'S LOCATION
WITHIN AREAS DESIGNATED AS SUBJECT TO FLOODING, FIRE, SEISMIC OR
EARTHQUAKE RISKS BY ANY FEDERAL, STATE OR LOCAL ENTITY, THE NEED TO
OBTAIN FLOOD INSURANCE, THE CERTIFICATION OF WATER HEATER BRACING -11-
11086.0103\2976783 v4
AND/OR THE ADVISABILITY OF OBTAINING TITLE INSURANCE, OR (D) ANY OTHER
CONDITION OR CIRCUMSTANCE AFFECTING THE PROPERTY, OR THE FINANCIAL VIABILITY, USE OR OPERATION OF. ANY PORTION THEREOF. THIS RELEASE
INCLUDES CLAIMS OF WHICH THE CITY IS PRESENTLY UNAWARE OR WHICH
BUYER DOES NOT PRESENTLY SUSPECT TO EXIST IN ITS FAVOR WHICH, IF KNOWN
BY THE CITY, WOULD MATERIALLY AFFECT THE CITY'S RELEASE OF THE SELLER PARTIES.
i. IN CONNECTION WITH THE GENERAL RELEASE SET
FORTH HEREIN, THE CITY HEREBY ACKNOWLEDGES THAT IT HAS READ AND IS FAMILIAR WITH SECTION 1542, WHICH IS SET FORTH BELOW. NOTWITHSTANDING
THE FOREGOING, SUBJECT TO THE SURVIVAL PERIOD, THE FOREGOING RELEASE SHALL NOT APPLY TO (a) THE VIOLATION OF ANY REPRESENTATIONS,
WARRANTIES OR COVENANTS OF SELLERS HEREIN, OR IN ANY DOCUMENTS
ATTACHED HERETO, THAT ARE EXPRESSLY PROVIDED TO SURVIVE THE CLOSING (AND HAVE NOT BEEN WAIVED OR DEEMED WAIVED BY THE CITY PURSUANT TO THE TERMS OF THIS AGREEMENT), OR (b) FAILURE TO DISCLOSE MATERIAL FACTS REGARDING THE SUBJECT PROPERTY. NEVERTHELESS, THE CITY HEREBY
EXPRESSLY WAIVES ANY AND ALL RIGHTS THAT THE CITY MAY HAVE UNDER SECTION 1542, OR UNDER ANY STATUTE OR COMMON LAW OR EQUITABLE
PRINCIPLE OF SIMILAR EFFECT AS THESE MAY RELATE TO RELEASES DESCRIBED HEREIN. SECTION 1542 PROVIDES AS FOLLOWS:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
THAT THE CREDITOR OR RELEASING PARTY DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT
THE TIME OF EXECUTING THE RELEASE AND THAT, IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY
AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR
OR RELEASED PARTY."
City and Sellers acknowledge this Section by placing their initials below:
Initials of Hoff Investments, L.P.:
Initials of PMD Investments, ,
Initials of City:
C. Waiver of Any Rights Pursuant to Code of Civil Procedure Section 1245.245. Sellers have reviewed Code of Civil Procedure Section 1245.245, a copy of which is attached as EXHIBIT "D" hereto and incorporated herein by this reference. Sellers expressly waive any rights that they may have pursuant to Code of Civil Procedure Section 1245.245 to re- purchase the Subject Property from City if City has not used the Subject Property in connection with the Project within ten (10) years of the sale of the Subject Property to City.
Initials of Hoff Investments, L.P..
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11086.0103\2976783 v4
Initials of PNLD Investments, L.P.
This Section 13 will survive the Close of Escro
14. Conditions/Contingencies to Close of Escrow.
a. City's Conditions/Contingencies. For the benefit of City, the Close of Escrow and the City's obligation to consummate the purchase of the Subject Property will be contingent upon and subject to the occurrence of all of the following (or City's written waiver thereof, it being agreed that City can waive any or all such contingencies) on or before the Close of Escrow:
i. That as of the Close of Escrow, the representations and warranties of Sellers contained in this Agreement are all true and correct. ii. The delivery to Escrow Holder of all documents pursuant to Section 6 of this Agreement.
ill. First American Title Insurance Company's commitment to issue in favor of the City a CLTA Standard Coverage Owner's Policy of Title Insurance (or at City's Option an ALTA Extended Policy) with liability equal to $1,552,000.00 showing the fee interest of the City to the Subject Property more particularly described in the Grant Deed attached as EXHIBIT "C" hereto, subject only to the Permitted Title Exceptions. iv. City's approval prior to the expiration of the Due Diligence Period of any environmental site assessment, soils or geological reports, or other physical inspections of the Subject Property that City might perform.
b. Sellers Conditions/Contingencies. For the benefit of Sellers, the Close of Escrow and the City's obligation to consurmnate the purchase of the Subject Property will be contingent upon and subject to the occurrence of all of the following (or Sellers' written waivers thereof, it being agreed that Sellers can waive any or all such contingencies) on or before the Close of Escrow:
i. That as of the Close of Escrow, the representations and warranties of City contained in this Agreement are all true and correct. ii. That as of the Close of Escrow, City has deposited with Escrow Holder the Purchase Price and City's share of escrow -related costs.
15. Ri2ht of Termination. Notwithstanding anything to the contrary contained herein, and without limiting any other right of termination for the benefit of City contained herein, City shall have the right, in the exercise of its sole and absolute discretion and upon written notice to the Sellers and Escrow Holder, to terminate this Agreement (a) at any time prior to the expiration of the Due Diligence Period for any reason or no reason whatsoever, and (b) at any time prior to the Close of Escrow upon the failure of any of City's contingencies described in Section 14.a.
Upon such termination, all documents and monies deposited by City with Escrow Holder, less any escrow cancellation charges, shall be immediately returned to City. -13-
11086.0103\2976783v4
16. Remedies in the Event of Default. In the event of a breach or a default under this Agreement by either City or Sellers, the non -defaulting party shall have the right to terminate this Agreement by providing ten (10) calendar days written notice thereof to the defaulting party or, if City is the non -defaulting party, City, as permitted by law, may specifically enforce the provisions of this Agreement. If such breach or default is not cured within such ten day period (other than a failure by the Sellers to convey the Subject Property at the Close of Escrow, for which there shall be no cure period), this Agreement and the Escrow for the purchase and sale of the Subject Property shall terminate, and if City is the non -defaulting party, City shall thereupon promptly receive a refund of any fiends deposited with Escrow Holder. Except as herein otherwise expressly provided, such termination of the Escrow by a non -defaulting party shall be without prejudice to the non - defaulting party's rights and remedies against the defaulting party at law or equity.
17. Certain Definitions.
a. The term "Hazardous Materials" or "Hazardous Substances" will mean and include the following, including mixtures thereof• any hazardous substance, pollutant, contaminant, waste, by-product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et seq.; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C.
Section 136 et seq.; asbestos and asbestos -containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 etseq.; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seq.; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws.
b. The term "Environmental Laws" shall mean and include all federal, state and local statutes, ordinances, regulations and rules in effect on or prior to the date hereof relating to environmental quality, health, safety, contamination and clean-up, including, without limitation, the Clean Air Act, 42 U.S.C. Section 7401 et seq.; the Clean Water Act, 33 U.S.C. Section 1251 et seq.; and the Water Quality Act of 1987; the Federal Insecticide, Fungicide, and Rodenticide Act 7 U.S.C. Section 136 et seq.; the Marine Protection, Research, and Sanctuaries Act, 33 U.S.C.
Section 1401 et seq.; the National Environmental Policy Act, 42 U.S.C. Section 4321 et seq.; the Noise Control Act, 42 U.S.C. Section 4901 et seq.; the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq.; the Resource Conservation and Recovery Act 42 U.S.C. Section 6901 et seq.; as amended by the Hazardous and Solid Waste Amendments of 1984; the Safe Drinking Water Act, 42 U.S.C. Section 300f et seq.; the Comprehensive Environmental Response, Compensation and Liability Act 42 U.S.C. Section 9601 et seq. as amended by the Superfund Amendments and Reauthorization Act, the Emergency Planning and Community Right -to -Know Act and the Radon Gas and Indoor Air Quality Research Act; the Toxic Substances Control Act 15 U.S.C. Section 2601 et seq.; the Atomic Energy Act, 42 U.S.C. Section 2011 et seq.; and the Nuclear Waste Policy Act of 1982, 42 U.S.C. Section 10101 et seq.; and state and local -14-
11086.0103\2976783 v4
environmental statutes and ordinances, with implementing regulations and riles in effect on or prior to the date hereof.
18. No Waiver. Nothing in this Agreement shall be deemed to be a waiver by the City of its rights to elect to recover its cleanup costs from those who caused or contributed to any contamination or Hazardous Materials or Hazardous Substances (as defined in Section 17 above) on the Subject Property if said Subject Property is found to be contaminated by the presence of Hazardous Substances or Hazardous Materials that require mitigation under federal or state law.
19. Evidence in Court Proceeding. The Parties agree that the total Purchase Price of $1,552,000.00 or any inference of per square foot value of the fee value of the Subject Property based on said Purchase Price will not be admissible as evidence of the fair market value of the Subject Property, or any portion thereof, in any eminent domain or other proceeding or litigation concerning the Subject Property.
20. Notices. All notices and demands will be given in writing by certified or registered mail, postage prepaid, and return receipt requested, or by overnight carrier. Notices will be considered given upon the earlier of (a) two (2) business days following deposit in the United States mail, postage prepaid, certified or registered, return receipt requested, or (b) one (1) business day following deposit with an overnight carrier service. The Parties will address such notices as provided below or as may be amended by written notice:
BUYER: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Aaron Adams, City Manager
COPY TO: Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Attention: Peter M. Thorson, City Attorney
SELLERS: Hoff Investments, L.P.
PMD Investments, L.P.
25792 Obrero Road
Mission Viejo, California 92691-3105
COPY TO: Lieberg Oberhansley LLP
41911 5th Street, Suite 300
Temecula, California 92590
Attention: Phillip D. Oberhansley, Esq.
ESCROW First American Title Insurance Company
HOLDER: One Ridgegate Drive, Suite 225
Temecula, CA 92590
Telephone No. 951.296.2948
Attention: Debbie Fritz, Escrow Officer
email: [email protected]
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11086.0103 \2976783 v4
21. Further Documents. Each party will, wherever and as often as it shall be requested by the other party, execute, acknowledge, and deliver, or cause to be executed, acknowledged, and delivered, such further instruments and documents, including further escrow instructions, as may reasonably be necessary in order to complete the sale, conveyance, and transfer herein provided and to do any and all other acts and to execute, acknowledge, and deliver any and all documents as may be requested in order to carry out the intent and purpose of this Agreement.
22. Broker's Commissions. No broker represented City in this transaction. Sellers shall be solely responsible for the payment of any and all broker's commissions or similar compensation due to any broker representing Sellers, if any, and Sellers shall defend, indemnify and hold City harmless from and against any and all claims for any broker's commission or similar compensation that may be payable to any broker claiming it represented Sellers in connection with this transaction. Each party shall defend, indernnify and hold the other party harmless from and against any and all claims for any broker's commission or similar compensation that may be payable to any other broker, finder or other person or entity (other than those described above) based upon such party's own acts. The provisions of this Section 23 shall survive the Close of Escrow.
23. Miscellaneous.
a. Amendments. Any amendments to this Agreement will be effective only when duly executed by Sellers and City and deposited with Escrow Holder. b. Applicable Law. This Agreement will be construed and interpreted under, and governed and enforced according to the laws of the State of California.
C. Entire Agreement. This Agreement supersedes any prior agreement, oral or written, and together with the Exhibits hereto and any agreements delivered pursuant hereto, contains the entire agreement between City and Sellers on the subject matter of this Agreement.
No subsequent agreement, representation or promise made by either party hereto, or by or to any employee, officer, agent or representative of either party, will be of any effect unless it is in writing and executed by the party to be bound thereby. No person is authorized to make, and by execution hereof Sellers and City acknowledge that no person has made, any representation, warranty, guaranty or promise except as set forth herein; and no such agreement, statement, representation or promise that is not contained herein will be valid or binding on Sellers or City. d. Successors and Assigns. This Agreement will be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of the Parties hereto. e. Time of Essence. The Parties acknowledge that time is of the essence in this Agreement, notwithstanding anything to the contrary in the Escrow Holder's general Escrow instructions.
f. Counterparts and Facsimile and Electronic Signatures. This Agreement may be executed simultaneously in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. Sellers may transmit to the City electronic signatures of this Agreement. Any such electronic signatures by -16-
11086.0103\2976783v4
Sellers, however, shall be followed by Sellers' transmittal of the original -executed Agreement to the City.
g. Interpretation and Construction. Each party has reviewed this Agreement and each has had the opportunity to have its respective counsel and real estate advisors review and revise this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not apply in the interpretation of this Agreement or any amendments or exhibits thereto. In this Agreement the neuter gender includes the feminine and masculine, and singular number includes the plural, and the words "person" and "party" include corporation, partnership, firm, trust, or association wherever the context so requires. The Recitals and captions of the Sections and Subsections of this Agreement are for convenience and reference only, and the words contained therein will in no way be held to explain, modify, amplify, or aid in the interpretation, construction, or meaning of the provisions of this Agreement. h. Severability. If any part, term, or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law, the validity of the remaining provisions will not be affected, and the rights and obligations of the Parties will be construed and enforced as if this Agreement did not contain the particular part, term, or provision held to be invalid.
Exhibits. The exhibits attached hereto are incorporated in this Agreement by reference herein.
IN WITNESS WHEREOF, this Agreement is effective as of the date it is fiilly executed by the Parties.
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11086.0103 \2976783 v4
SELLERS
HOFF INVESTMENTS, L.P., a
California limited partnership, as to
an undivided 50% interest
Dated:/%/ U7T
By.
Hoff Inke ments, .l ., alifornia
limited partnerships to n-undivided
40%/ interest
PMD INVESTMENTS, L.P., a
California limited partnership, as to an
undivided 50% interest
Dated: 1 I �� v
Title: IMA--4 (�ese-
IM
PMD Investments, L.P., a Californ
limited partnership, as to an undivi
50% interest
Title: CMG (1C'd►\ `3. (Ze-r—
11086.0103\2976783v4
BUYER
City of Temecula, a municipal
corporation
Dated:
ATTEST:
By:
Randi Johl, City Clerk
APPROVED AS TO FORM:
By:
Peter M. Thorson, City Attorney
Aaron Adams, City Manager
-19-
1108 6.0103 \297678 3 v4
EXHIBIT "A"
LEGAL DESCRIPTION OF SUBJECT PROPERTY
The Land referred to herein below is situated in the City of Temecula, County of Riverside, State of California, and is described as follows:
PARCEL 21 OF PARCEL MAP NO. 23561-2, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 168 PAGES 71 THROUGH 73, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
11086-0103\2977052v 1.doc
EXHIBIT "B"
DEPICTION OF SUBJECT PROPERTY
11086-0103\2977052v1.doc
PLAT MAP
SW 114 OF SEC. 26, & SE 1/4 OF SEC, 27, US, R.3W TRA011067 , 910-26 ne c,.. nzn,i ,.c sa.icex ,,. eeP..i xa V.I CITY OF MURRIETA M4 910-20
CITY OF TEMECULA -
SHEET t OF 2
ST
.I DATE
bib IaANcaN CENTER uwol LOTA toTA
>,.. �
zp yx i
ILI
n r
. } 6 r31 U 5 4 26� � r xwroa
�J a
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AUTO _ MALL
J O r
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40 F
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I g r 1 a i0tp , p
�
TPA OS+on Z" o .. ;.
a
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,H ...g wa Cv ,s+nnr. xii xw , rrarcer.+nar , y. ;`' ^ ••.o ., �y Nh luga. Y� PAMPL IMPNO PB:x MCCABE - C'f a - Fr. •surY_�mats.u,Prazx � ,
P. C«,xlr. err
Subject Property Overview Page 28
Aerial Plat Map
Site Description Page 36
EXHIBIT "C"
FORM OF GRANT DEED
11086-0103\2977052v1.doc
RECORDING REQUESTED BY:
City of Temecula, a municipal corporation
AND WHEN RECORDED RETURN TO:
City of Temecula
Attention: City Clerk
41000 Main Street
Temecula, California 92590
[SPACE ABOVE FOR RECORDER'S USE ONLY]
APN 910-262-003 [X} All
Documentary Transfer Tax $0.00
This Instrument is for the benefit of the City of Temecula and is exempt from Recording Fees (Govt. Code § 27383), Filing Fees (Govt. Code § 6103), and Documentary Transfer Tax (Rev & Tax Code § 11922).
GRANT DEED
The undersigned Grantors declare:
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Hoff Investments, L.P., a California limited partnership as to an undivided 50% interest and PMD Investments, L.P., a California limited partnership as to an undivided 50% interest (collectively "Grantors") hereby grant in fee to the City of Temecula, a municipal corporation, that real property located in the City of Temecula, County of Riverside, California described more particularly in EXHIBIT "A" and roughly depicted on EXHIBIT `B", which are attached hereto and incorporated herein by this reference ("Property"). The grant of the Property hereto includes all of the interests of Grantors in and to the Property and all rights and appurtenances pertaining to said real property, including any improvements and landscaping, all rights, title, interest of Grantors in and to adjacent streets, alleys or rights of way.
-1-
IN WITNESS WHEREOF, Grantors have executed this Grant Deed on the date set forth below.
GRANTORS
Hoff Investments, L.P.,
a California limited partnership as to an
undivided 50% interest
Dated: By:
PMD Investments, L.P.,
a California limited partnership as to an
undivided 50% interest
Dated:
Dated:
Joyce Hoffman
Title:
Dana Cederburg
Title:
ME
Martin T. Hoffman
Title:
-2-
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
The Land referred to herein below is situated in the City of Temecula, County of Riverside, State of California, and is described as follows:
PARCEL 21 OF PARCEL MAP NO. 23561-2, AS SHOWN BY PARCEL MAP ON FILE IN BOOK 168 PAGES 71 THROUGH 73, INCLUSIVE, OF PARCEL MAPS, RECORDS OF RIVERSIDE COUNTY, CALIFORNIA.
11086-0103\2976620vLdoc
EXHIBIT "B"
DEPICTION OF PROPERTY
11086-0103\2976620v 1. doc
PLAT MAP
SW 114 OF SEC. 26. & SE 114 OF SEC. 27. US, R.3W TRA013-067 910-26
CITY OF MURRIETA D24-D2,3
CITY OF TEMECULA 024-D96
SHEET 1 OF 2
DATE
ST LOT A
tRANCoN CENTER
ULVO) LOTH
ul
>
uj
10+ Rl
AUTO MALL
is� rock
AF
0 Y
2: l
Lola
11 ,
, 7 03 - - " :, -
bba
4BE/J54 SG
Subject Property Overview Page 28
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
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
In
before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of
On , before me,
(insert name and title of the officer)
Notary Public, personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature (Seal)
CITY OF TEMECULA
Office of the City Clerk
41000 Main Street
Temecula, CA 92590
CERTIFICATE OF ACCEPTANCE OF GRANT DEED
(Govt. Code § 27281)
(Assessor's Parcel Number 910-262-003)
This is to certify that the attached Grant Deed, which conveys in fee to the City of Temecula that certain real property located in the City of Temecula, County of Riverside described more particularly in EXHIBIT "A" hereto and roughly depicted on EXHIBIT "B" to said Grant Deed, including all of the interests of Grantors in and to said Property and all rights and appurtenances pertaining to said real property, any improvements and landscaping, all rights, title, interest of Grantors in and to adjacent streets, alleys or rights of way, is hereby accepted under the authority of the City Council of the Cityof Temecula, and the City of Temecula consents to the recordation thereof by its duly authorized officer.
Dated:
ATTEST:
ME
Randi Johl, City Clerk
CITY OF TEMECULA, a municipal corporation
ME
Aaron Adams, City Manager
EXHIBIT "D"
COPY OF CODE OF CIVIL PROCEDURE SECTION 1245.245
11086-0103\2977052v l.doc
State of California
CODE OF CIVIL PROCEDURE
Section 1245.245
1245.245. (a) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity adopted pursuant to this article shall only be used for the public use stated in the resolution unless the governing body of the public entity adopts a resolution authorizing a different use of the property by a vote of at least two-thirds of all members of the governing body of the public entity, or a greater vote as required by statute, charter, or ordinance. The resolution. shall contain all of the following:
(1) A general statement of the new public use that is proposed for the property and a reference to the statute that would have authorized the public entity to acquire the property by eminent domain for that use.
(2) A description of the general location and extent of the property proposed to be used for the new use, with sufficient detail for reasonable identification. (3) A declaration that the governing body has found and determined each of the following:
(A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury. (C) The property described in the resolution is necessary for the proposed use. (b) Property acquired by a public entity by any means set forth in subdivision (e) that is subject to a resolution of necessity pursuant to this article, and is not used for the public use stated in the resolution of necessity within 10 years of the adoption of the resolution of necessity, shall be sold in accordance with the terms of subdivisions (f) and (g), unless the governing body adopts a resolution according to the terms of subdivision (a) or a resolution according to the terms of this subdivision reauthorizing the existing stated public use of the property by a vote of at least two-thirds of all members of the governing body of the public entity or a greater vote as required by statute, charter, or ordinance. A reauthorization resolution under this subdivision shall contain all of the following:
(1) A general statement of the public use that is proposed to be reauthorized for the property and a reference to the statute that authorized the public entity to acquire the property by eminent domain for that use.
(2) A description of the general location and extent of the property proposed to be used for the public use, but not yet in use for the public use, with sufficient detail for reasonable identification.
(3) A declaration that the governing body has found and determined each of the following:
(A) The public interest and necessity require the proposed use. (B) The proposed use is planned and located in the manner that will be most compatible with the greatest public good and least private injury. (C) The property described in the resolution is necessary for the proposed use. (c) In addition to any notice required by law, the notice required for a new or reauthorization resolution sought pursuant to subdivision (a) or (b) shall comply with Section 1245.235 and shall be sent to each person who was given notice required by Section 1245.235 in connection with the original acquisition of the property by the public entity.
(d) Judicial review of an action pursuant to subdivision (a) or (b) may be obtained by a person who had an interest in the property described in the resolution at the time that the property was acquired by the public entity, and shall be governed by Section 1085.
(e) The following property acquisitions are subject to the requirements of this section:
(1) Any acquisition by a public entity pursuant to eminent domain. (2) Any acquisition by a public entity following adoption of a resolution of necessity pursuant to this article for the property.
(3) Any acquisition by a public entity prior to the adoption of a resolution of necessity pursuant to this article for the property, but subsequent to a written notice that the public entity may take the property by eminent domain. (f) If the public entity fails to adopt either a new resolution pursuant to subdivision (a) or a reauthorization resolution pursuant to subdivision (b), as required by this section, and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of the public entity's failure to adopt a resolution pursuant to subdivision (a) or (b), the public entity shall offer the person or persons from whom the property was acquired the right of first refusal to purchase the property pursuant to this section, as follows:
(1) At the present market value, as determined by independent licensed appraisers. (2) For property that was a single-family residence at the time of acquisition, at an affordable price, which price shall not be greater than the price paid by the agency for the original acquisition, adjusted for inflation, and shall not be greater than fair market value, if the following requirements are met:
(A) The person or persons from whom the property was acquired certify their income to the public entity as persons or families of low or moderate income. (B) If the single-family residence is offered at a price that is less than fair market value, the public entity may verify the certifications of income in accordance with procedures used for verification of incomes of purchasers and occupants of housing financed by the California Housing Finance Agency.
(C) If the single-family residence is offered at a price that is less than fair market value, the public entity shall impose terms, conditions, and restrictions to ensure that the residence will either:
(i) Remain owner -occupied by the person or persons from whom the property was acquired for at least five years.
(ii) Remain available to persons or families of low or moderate income and households with incomes no greater than the incomes of the present occupants in proportion to the area median income for the longest feasible time, but for not less than 55 years for rental units and 45 years for home ownership units. (D) The Department of Housing and Community Development shall provide to the public entity recommendations of standards and criteria for those prices, terms, conditions, and restrictions.
(g) If after a diligent effort the public entity is unable to locate the person from whom the property was acquired, if the person from whom the property was acquired does not choose to purchase the property as provided in subdivision (f), or if the public entity fails to adopt a resolution as required pursuant to subdivision (a) or (b) but is not required to offer a right of first refusal pursuant to subdivision (f), the public entity shall sell the property as surplus property pursuant to Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5 of the Government Code.
(h) If residential property acquired by a public entity by any means set forth in subdivision (e) is sold as surplus property pursuant to subdivision (g), and that property was not used for the public use stated in a resolution of necessity adopted pursuant to this article or a resolution adopted pursuant to subdivision (a) or (b) between the time of its acquisition and the time of its sale as surplus property, the public entity shall pay to the person or persons from whom the public entity acquired the property the sum of any financial gain between the original acquisition price, adjusted for inflation, and the final sale price.
(i) Upon completion of any acquisition described in subdivision (e) or upon the adoption of a resolution of necessity pursuant to this section, whichever is later, the public entity shall give written notice to the person or persons from whom the property was acquired as described in subdivision (e) stating that the notice, right of first refusal, and return of financial gain rights discussed in this section may accrue. 0) At least 60 days before selling the property pursuant to subdivision (g), the public entity shall make a diligent effort to locate the person from whom the property was acquired. At any time before the proposed sale, the person from whom the property was acquired may exercise the rights provided by this section. As used in this section, "diligent effort" means that the public entity has done all of the following:
(1) Mailed the notice of the proposed sale by certified mail, return receipt requested, to the last known address of the person from whom the property was acquired. (2) Mailed the notice of the proposed sale by certified mail, return receipt requested, to each person with the same name as the person from whom the property was acquired at any other address on the last equalized assessment roll. (3) Published the notice of the proposed sale pursuant to Section 6061 of the Government Code in at least one newspaper of general circulation within the city or county in which the property is located.
(4) Posted the notice of the proposed sale in at least three public places within the city or county in which the property is located.
(5) Posted the notice of the proposed sale on the property proposed to be sold. (k) For purposes of this section, "adjusted for inflation" means the original acquisition price increased to reflect the proportional increase in the Consumer Price Index for all items for the State of California, as determined by the United States Bureau of Labor Statistics, for the period from the date of acquisition to the date the property is offered for sale.
(Amended by Stats. 2007, Ch. 130, Sec. 36. Effective January 1, 2008.)
City of Temecula
Fiscal Years 2025-29
Capital Improvement Program
The I •.=:,r- n. 5-wn-r. C. f: rn1.;
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE III
Circulation Project
Project Description: This project includes the design and construction of the complete improvements of the French Valley Parkway Interchange overcrossing and northbound onramps.
Benefit: This project will address and improve traffic circulation in the City's northern area by providing another alternative for crossing Interstate 15 and access to northbound Interstate 15.
Core Value: Transportation Mobility and Connectivity
Project Status: Design will begin in Fiscal Year 2024-25.
Department: Public Works - Account No. 210.265.999.5800.PW19-03 / 728 Level: I
Project Cost:
Prior Years
Actuals
2023-24
Adjusted
2024-25
Adopted
Budget
2025-26
Projected
2026-27
Projected
2027-28
Projected
2028-29
Projected
Total Project
Cost
5801-Administration
97,688
229,312
280,000
200,000
200,000
350,000
450,000
1,807,000
5804-Construction
28,800,000
28,800,000
5805-Construction Engineering
8,640,000
8,640,000
5802-Design & Environmental
200,000
5,000,000
5,200,000
5700-Land Acquisition
2,979,147
1,770,647
2,500,000
7,249,794
Total Expenditures
1 3,076,8351
2,199,959
5,280,000
200,000
200,000
2,850,000
37,890,000
51,696,794
Source of Funds:
4165-Affordable Housing
1,669,794
1,669,794
4001-General Fund
30,000
30,000
4002-Measure S
150,000
261,817 280,000 200,000 200,000
1,091,817
4438-Reimbursements
165,183
165,183
4426-STIP-Surface Transportation
5,000,000
5,000,000
Improvement Program
4472-TUMF (WRCOG)
1,301,405
1,698,595
31000,000
4452-Unspecified
2,850,000 37,890,000
40,740,000
Total Funding
1 3,316,3821
1,960,412 5,280,000 200,000 200,000 2,850,000 37,890,0001 51,696,794
Future Operating & Maintenance Costs:
Total Operating Costs
City of Temecula
Fiscal Years 2025-29
Capital Improvement Program
The I •.=:,r- n. 5-wn-r, C. f: rn1.;
1-15 / FRENCH VALLEY PARKWAY IMPROVEMENTS - PHASE III
Circulation Project
2024-25
Prior Years 2023-24 Adopted 2025-26 2026-27 2027-28 2028-29 Total Project Project Cost: Actuals Adjusted Budget Projected Projected Projected Projected Cost Notes :
1. TUMF (WRCOG) - TUMF Zone Funding is eligible for construction of Winchester Interchange pursuant to 2009 Nexus - $9,822,980.00
2. TUMF (WRCOG) - TUMF Zone Funding is eligible for construction of French Valley Interchange pursuant to 2009 Nexus - $43,480,000.00.
3. TUMF (WRCOG) - TUMF Zone Funding for right-of-way (ROW) pursuant to Agreement No. 20-SW-TEM-1197 - $1,500,000
4. TUMF (WRCOG) - TUMF Zone Funding for right-of-way (ROW as approved by WRCOG for FY 2023-24, $1,500,000) - Amendment of Agreement No. 20- SW-TEM-1197 is pending.
5. State Transportation Improvement Program - Riverside County Transportation Commission (RCTC) approved funding at 10/11/2023 meeting.
California Transportation Commission approval is pending.
6. Affordable Housing funding reflects the acquisition of land with bond proceeds from the 2017 Tax Allocation Housing Bonds, to be used for a potential future Affordable Housing project.
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Legend
Parcels (July 2024)
Special Zoning Parcels
City of Temecula Boundary
Street Names
Highways
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INTERSTATE
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USHWY
Hospitals
Creeks
Cities
Streets
PAVED
PROPOSED
UNPAVED
Public Facilities
Parks
Schools
Notes
Item No. 14
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works/City Engineer DATE: November 12, 2024
SUBJECT: Award Construction Contract to NPG Corporation for the Interim Improvements to Pave Existing Gravel Lots Located on Either side of the Main Street Loop/Town Square
PREPARED BY: Avlin R. Odviar, Principal Civil Engineer
Nino Abad, Senior Civil Engineer
RECOMMENDATION: That the City Council:
Award a construction contract to NPG Corporation in the amount of $264,700 for the interim improvements to pave existing gravel lots located on either side of the Main Street Loop/Town Square; and
2. Authorize the City Manager to approve change orders not to exceed the contingency amount of $60,300 which is equal to 22.8% of the contract amount; and;
Make a finding that this project is exempt from the California Environmental Quality Act (CEQA) per Article 19, Categorical Exemption, Section 15301, Existing Facilities, of the CEQA Guidelines; and
4. Make a finding that this project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees.
BACKGROUND: On October 8, 2024, the City Council approved the project plans and specifications and authorized the Department of Public Works to solicit construction bids for the Interim Improvements to Pave Existing Gravel Lots Located on Either side of the Main Street Loop/Town Square (Project).
The interim Project work includes minor grading, placement and/or regrading of aggregate base, placement of approximately 34" thick hot mix asphalt concrete, driveway access improvements to the lots, as well as permanent striping, pavement markings, and legends. Paving and striping these existing gravel lots will provide a better all-weather surface, more clearly define the parking stalls, and providing better circulation in the lots.
The construction contract was publicly advertised for bids and on October 29, 2024, five bids were electronically opened and publicly posted on the City's online bidding service, PlanetBids.
The results were as follows:
Contractor
Bid Amount
1. NPG, Inc.
$264,700
2. JB Bostick, LLC
$266,475
3. Cali State Paving, Inc.
$313,495
4. Onyx Paving Company, Inc.
$323,000
5. All American Asphalt
$457,630
Staff has completed its analysis of the submitted bids and found that NPG, Inc., of Perris, California, to be the lowest responsive and responsible bidder. NPG Inc. has public contracting experience and has successfully completed similar projects for various public agencies.
The Engineer's estimate for the project was $300,000. The specifications allow for twenty (20) working days for construction, which is approximately one (1) month.
The Project is exempt from California Environmental Quality Act (CEQA) requirements pursuant to Article 19, Categorical Exemption, Section 15301, Existing Facilities, Class 1(c) of the CEQA Guidelines.
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) Mitigation Fee Implementation Manual adopted by Resolution 202-013 on December 7, 2020. 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 started requiring 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. Maintenance projects, such as this one, are exempt from the payment of MSHCP fees.
FISCAL IMPACT: The Old Town Parking Structure Project, PW 17-15 — is included in the City's Capital Improvement Program (CIP) Fiscal Years 2025-29 and is funded with Measure S and General Fund. Adequate funds are available for the contract amount of $264,700, plus a
22.8% contingency amount of $60,300 for a total encumbrance of $325,000.
ATTACHMENTS: 1. Contract
2. Project Description
3. Project Location Map
CITY OF TEMECULA, DEPARTMENT OF PUBLIC WORKS
CONTRACT
for
OLD TOWN PARKING STRUCTURE — INTERIM MAIN STREET PARKING LOT
IMPROVEMENTS
PROJECT NO. PW17-15
THIS CONTRACT, made and entered into the 1211 Day of November, 2024, by and between the City of Temecula, a municipal corporation, hereinafter referred to as "City", NPG, Inc., hereinafter referred to as "Contractor."
WITNESSETH:
That City and Contractor, for the consideration hereinafter named, mutually agree as follows:
1. CONTRACT DOCUMENTS
The complete Contract includes all of the Contract Documents, to wit: Notice Inviting Bids, Instructions to Bidders, Proposal, Performance Bond, Labor and Materials Bond, Plans and Specifications entitled OLD TOWN PARKING STRUCTURE — INTERIM MAIN STREET PARKING LOT IMPROVEMENTS, PROJECT NO. PW17-15, Insurance Forms, this Contract, and all modifications and amendments thereto, the State of California Standard Plans and Specifications, (latest edition), issued by the California Department of Transportation, where specifically referenced in the Plans, Special Provisions, and Technical Specifications, and the latest version of the Standard Specifications for Public Works Construction, including all supplements as written and promulgated by Public Works Standards, Inc. (hereinafter, "Standard Specifications") as amended by the General Specifications, Special Provisions, and Technical Specifications for OLD TOWN PARKING STRUCTURE — INTERIM MAIN STREET PARKING LOT IMPROVEMENTS, PROJECT NO. PW17-15. 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 OLD TOWN PARKING STRUCTURE — INTERIM MAIN STREET PARKING LOT IMPROVEMENTS, PROJECT NO. PW17-15.
In case of conflict between the Standard Specifications and the other Contract Documents, the other Contract Documents shall take precedence over, and be used in lieu of, such conflicting portions.
Where the Contract Documents describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed completed and in place and that only the best general practice is to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract.
The Contract Documents are complementary, and what is called for by anyone shall be as binding as if called for by all. Any conflict between this Contract and any other Contract Document shall be resolved in favor of this Contract.
2. SCOPE OF WORK
Contractor shall perform everything required to be performed, shall provide and furnish all the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required for the following: OLD TOWN PARKING STRUCTURE — INTERIM MAIN STREET PARKING LOT IMPROVEMENTS, PROJECT NO. PW17-15.
All of said work to be performed and materials to be furnished shall be in strict accordance with the Drawings and Specifications and the provisions of the Contract Documents hereinabove enumerated and adopted by City.
3. CITY APPROVAL
All labor, materials, tools, equipment, and services shall be furnished and work performed and completed under the direction and supervision, and subject to the approval of City or its authorized representatives.
4. CONTRACT AMOUNT AND SCHEDULE
The City agrees to pay, and Contractor agrees to accept, in full payment for, the work agreed to be done, the sum of: TWO HUNDRED SIXTY-FOUR THOUSAND SEVEN HUNDRED DOLLARS AND ZERO CENTS ($ 264,700.00 ), the total amount of the base bid.
Contractor agrees to complete the work in a period not to exceed Twenty (20) working days, commencing with delivery of a Notice to Proceed by City. Construction shall not commence until bonds and insurance are approved by City.
5. CHANGE ORDERS
All change orders shall be approved by the City Council, except that the City Manager is hereby authorized by the City Council to make, by written order, changes or additions to the work in an amount not to exceed the contingency as established by the City Council.
6. PAYMENTS
a. Lump Sum Bid Schedule: Before submittal of the first payment request, the Contractor shall submit to the Director of Public Works a schedule of values allocated to the various portions of the work, prepared in such form and supported by such data to substantiate its accuracy as the Director of Public Works may require. This schedule, as approved by the Director of Public Works, shall be used as the basis for reviewing the Contractor's payment requests. b. Unit Price Bid Schedule: Pursuant to Section 20104.50 of the Public Contract Code, within 30 days after submission of a payment request to the City, the Contractor shall be paid a sum equal to 95% of the value of the work completed according to the bid schedule. Payment request forms shall be submitted on or about the 30th day of each successive month as the work progresses. The final payment, if unencumbered, or any part thereof unencumbered, shall be made 60 days after acceptance of final payment and the Contractor filing a one-year Warranty and an Affidavit of Final Release with the City on forms provided by the City.
C. Pa ment 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 30 days pursuant to Public Contract Code Section 20104.50. Public Contract Code Section 7107 is hereby incorporated by reference.
7. 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 calendar days of the occurrence of such delay, Contractor shall give written notice to City. Within 30 calendar days of the occurrence of the delay, Contractor shall provide written documentation sufficient to support its delay claim to City. Contractor's failure to provide such notice and documentation shall constitute Contractor's waiver, discharge, and release of such delay claims against City.
8. WAIVER OF CLAIMS
On or before making each request for payment under Paragraph 6 above, Contractor shall submit to City, in writing, all claims for compensation as to work related to the payment. Unless the Contractor has disputed the amount of the payment, the acceptance by Contractor of each payment shall constitute a release of all claims against the City related to the payment. Contractor shall be required to execute an affidavit, release, and indemnity agreement with each claim for payment.
9. PREVAILING WAGES
Pursuant to the provisions of Section 1773 of the Labor Code of the State of California, the City Council has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or type of workman needed to execute this Contract from the 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.go . 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 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.
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
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: Ron Moreno, PE
Director of Public Works / City Engineer
City of Temecula
41000 Main Street
Temecula, CA 92590
23. INSURANCE.
Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Contractor, its agents, representatives, employees, or subcontractors.
a. Minimum Scone of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than Two Million ($2,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, Vendor is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor's products and completed operations of the Contractor; premises owned, occupied or used by the Vendor. General liability coverage can be provided in the form of an endorsement to the Contractor Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 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 insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Contractor may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) 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.
6) If the Contractor's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.
7) 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. 8) Unless otherwise approved by City, if any part of the Services and
Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Contractor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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.
e. Verification of Coveraoe. Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
24. RECOVERED MATERIALS AND SOLID WASTE DISPOSAL ACT
Contractor agrees to comply with all requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.
25. TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT Contractor shall not procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, or any subsidiary or affiliate of such entities. Covered equipment also includes video surveillance and telecommunications equipment or services provided by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, Dahua Technology Company, any subsidiary or affiliate of such entities, and any entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
26. COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents, and shall comply with all grant or funding terms and conditions applicable to the Contract and/or the work.
27. 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.
All 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 present a claim in accordance with the Government Claims Act as a prerequisite to prosecuting any claim against the City. The filing or prosecution of a claim in compliance with Section 9204 and/or Article 1.5 (if applicable) does not in any way obviate the need to timely present a claim under the Government Claims Act, or in any toll the expiration of any limitations period for the timely presentation of a claim under the Government Claims Act.
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed on the date first above written.
DATED:
DATED:
ATTEST:
Randi Johl, City Clerk
APPROVED AS TO FORM:
CONTRACTOR:
Name
Address
City, State, Zip
Phone
Email
By:
AV
Jeffrey N Ison
Print or type NAME
President
Print or type TITLE*
By: —": i �-� zz
Sharon Nelson
Print or type NAME
CFO
Print or type TITLE*
(*Signatures of two corporate officers required for Corporations) Peter M. Thorson, City Attorney
CITY OF TEMECULA
By-.
James Stewart, Mayor
f
The Heart of Southern CAfvrnia
Wine Country
OLD TOWN PARKING STRUCTURE
Infrastructure Project
Project Description: This project will include the design and eventual construction of a new parking structure in Old Town and other parking improvements within the Old Town district. The Old Town Parking Management Plan outlines a number of parking strategies that can be implemented in Old Town over time. Additional parking structures are anticipated to be constructed as part of the long term parking management strategy.
Benefit: This project will satisfy the City's Core Values of a Healthy and Livable City and Economic Prosperity.
Core Value: Healthy and Livable City
Project Status: This project is currently on hold.
Department: Public Works - Account No. 210.265.999.5800.PW17-15 / 694 Level: III
City of Temecula
Fiscal Years 2025-29
Capital Improvement Program
2024-25
Prior Years
2023-24 Adopted 2025-26 2026-27 2027-28 2028-29
Total Project
Project Cost:
Actuals
Adjusted Budget Projected Projected Projected Projected Cost
5801-Administration
98,888
6,112
105,000
5802-Design & Environmental
153,535
741,465
895,000
Total Expenditures
252,423
747,577
1,000,000
Source of Funds:
4001-General Fund I 1,000,0001 I 1,000,000
Total Funding 1 1,000,000 1,000,000
Future Operating & Maintenance Costs:
Total Operating Costs
149
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Item No. 15
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Ron Moreno, Director of Public Works/City Engineer DATE: November 12, 2024
SUBJECT: Receive and File Temporary Street Closures for 2024 Winterfest Events PREPARED BY: Brooke Fagan, Engineering Technician I
Anissa Sharp, Management Analyst
RECOMMENDATION: That the City Council receive and file the temporary closure of certain streets for the following 2024 Winterfest Events:
HOLIDAY DECORATION INSTALLATION
HOLIDAY SUNSET MARKET
SANTA' S ELECTRIC LIGHT PARADE
TEMECULA ON ICE
NEW YEAR'S EVE GRAPE DROP
BACKGROUND: Five special events are scheduled between November 2024 and January 2025 which necessitates the physical closure of all or portions of certain streets within the Old Town area and other streets throughout Temecula. These closures are necessary for event operations as well as to protect participants and viewers. The five events and associated street closures are as follows:
1) HOLIDAY DECORATION INSTALLATION — November 1811
The Holiday Decoration Installation will take place Monday, November 18th in Old Town Temecula with street closures scheduled as follows:
Main Street
from the easterly driveway edge of Monday, November 18th 28636 Old Town Front Street
at Be Good Restaurant to Mercedes Street 7:00 a.m. to 7:00 p.m.
Street closures for the Holiday Decoration Installation event are shown on Exhibit "A" attached hereto.
2) HOLIDAY SUNSET MARKET — November 3011
The Holiday Sunset Market will take place Saturday, November 301h in Old Town Temecula with street closures scheduled as follows:
Main Street East
from the easterly driveway edge of
28636 Old Town Front Street
at Be Good Restaurant to Mercedes Street
and Main Street West
from Old Town Front St to 42081 Main St
at Pennypickle's Workshop
Saturday, November 30th
9:00 a.m. to 9:00 a.m.
Street closures for the Holiday Sunset Market event are shown on Exhibit "A" attached hereto. 3) SANTA'S ELECTRIC LIGHT PARADE — December 61h
The Santa's Electric Light Parade event will be held Friday, December 6th at 7:00 p.m. along Old Town Front Street. Traffic will be detoured around the event via Public Works traffic control signage and Police personnel with street closures as follows:
7:00 a.m. on Thursday, December 5'
Main Street
to
Old Town Front Street to Mercedes Street
12:00 a.m. on Sunday, December 7'
8:00 a.m. on Saturday, December 6t'
Main Street
to
Old Town Front Street to Pujol Street
12:00 a.m. on Sunday, December 7b
Second Street, Third Street, Fourth
Street, Fifth Street, Sixth Street, Main
Friday, December 6"
Street
6:00 p.m. to 10:00 p.m.
Mercedes Street to Murrieta Creek
Old Town Front Street
Friday, December 6t'
Rancho California Road to Santiago Road
6:00 p.m. to 10:00 p.m.
Old Town Front Street
Friday, December 6t'
Santiago Road to 28964 Old Town Front Street
7:00 p.m. to 11:00 p.m.
First Street/Santiago Road
Friday, December 6'
Pujol Street to C Street
7:00 p.m. to 10:00 p.m.
Friday, December 6t'
Del Rio Road
4:00 p.m. to 10:00 p.m.
Friday, December 6tn
Las Haciendas Street
4:00 p.m. to 10:00 p.m.
Friday, December 6t'
Calle Cortez
4:00 p.m. to 10:00 p.m.
Jefferson Avenue
Friday, December 6th
Southbound traffic from Overland Drive to Via
4:00 p.m. to 11:00 p.m.
Montezuma
Jefferson Avenue
Friday, December 6'
Northbound traffic from Rancho California Road
to Overland Drive
5:00 p.m. to 9:00 p.m.
Jefferson Avenue
Friday, December 6t'
Southbound traffic from Via Montezuma to
2:00 p.m. to 10:00 p.m.
Rancho California Road
Rancho California Road
Friday, December 6'
Old Town Front Street to Diaz Road
7:00 p.m. to 9:00 p.m.
Street closures for Santa's Electric Light Parade event are shown on Exhibit "B" attached hereto. 4) TEMECULA ON ICE — December 12t' to January 5th
(The Annual Holiday Season Ice Skating Rink in Old Town) The annual Temecula On Ice holiday ice skating rink at the Town Square Park will be open for public use from Thursday, December 12, 2024 to Sunday, January 5, 2025. The actual duration of the road closures will be from Tuesday, December 3, 2024 to Friday, January 10, 2025. These additional days will allow for set-up and take -down of the temporary ice-skating rink. It is necessary to close Mercedes Street during this period for the safety and protection of pedestrians crossing Mercedes Street from the parking structure and other parking areas across Mercedes Street. The street closures necessary are as follows:
Main Street
8:00 a.m. on Tuesday, December 3rd
from the easterly driveway edge of to
28636 Old Town Front Street
at Be Good Restaurant to Mercedes Street 4:00 p.m. on Friday, January 1 Otn
8:00 a.m. on Tuesday, December Yd
Mercedes Street to
Third Street to Fourth Street 4:00 p.m. on Friday, January 1 Oth (will open on December 6th from 8am-1 1pm for parade)
Street closures for the Temecula On Ice event are shown on Exhibit "A" attached hereto. 5) NEW YEAR'S EVE GRAPE DROP — December 31st
The annual New Year's Eve Grape Drop will be held Tuesday, December 3I't at 6:00 p.m. at the Civic Center with street closures scheduled as follows:
Main Street 3:00 p.m. on Tuesday, December 31 ", 2024
Old Town Front Street to Mercedes Street to
12:30 a.m. on Wednesday, January 1", 2025
Street closures for the New Year's Eve Grape Drop event are shown on Exhibit "A" attached hereto.
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 — Winterfest Road Closures 2024: Holiday Decoration Installation, Temecula On Ice and New Year's Eve Grape Drop
2. Exhibit B — Santa's Electric Light Parade Road Closures 2024
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j Fourth St
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Winterfest Road Closures 2024
Exhibit A
Winterfest Events
Holiday Decoration Installation
November 10th `.
Holiday Sunset Market
November 30th
WE Temecula on Ice
December 5th - January 12th
New Year's Eve Grapedrop
-- ` December 31 st -January 1st
S'
17'-
` Third St
3 1 `L`
1. a rt
l •.�r�TtF �i7R`ls. � .rrx'
16 Old_ Town Front St
rc �U 7
r .t
Overlanc
law—'
Winchester Rd
Road Closure (SB) 2 - 10 PM on 121
Road Closure (SB) 4 - 11 PM on 12/6 y
Road Closure (NB) 5 - 9 PM on 12/6
Road Closure 4 - 10 PM on 12/6
Road Closure 7 - 9 PM on 12/6
may ims, A N V mi
Santa's Electric Light Parade 2024
Road Closures
Exhibit B
Santa's Electric Light Parade 2024
Road Closures
Exhibit B
Rancho California Road
Moreno St
Mercedes St 5.. - ' : � � � �"•
�••�, +Main St
C St .�
Q CL
Cn
jr
rSantiago Rd
1 Old Town Front St
_ ----- 1st St •
` Pujol St
5 �
die—
Road Closure 8 AM on 12/6 to ~ 5
12 AM on 12/7 �" �}
Road Closure 7 AM on 12/5 to
12 AM on 12/7
Road Closure 7 - 10 PM on 12/6 `'.#ram •, ; •*. 28964 Old Town Front St Road Closure 7 - 11 PM on 12/6
Road Closure 6 - 10 PM on 12/6
Item No. 16
ACTION MINUTES
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
COUNCIL CHAMBERS
41000 MAIN STREET
TEMECULA, CALIFORNIA
OCTOBER 22, 2024
CALL TO ORDER at 7:04 PM: President Zak Schwank
ROLL CALL: Alexander (absent), Kalfus, Schwank, Stewart CSD PUBLIC COMMENTS — NON -AGENDA ITEMS
The following individual(s) addressed the Board of Directors:
• Melissa Bourbonnais
CSD CONSENT CALENDAR
Unless otherwise indicated below, the following pertains to all items on the Consent Calendar.
Approved the Staff Recommendation (3-0, Alexander absent): Motion by Stewart, Second by Kalfus.
The vote reflected unanimous approval with Alexander absent.
9. Approve Action Minutes of October 8, 2024
Recommendation: That the Board of Directors approve the action minutes of October 8, 2024.
10. Approve Changes to New Year's Eve Grape Drop Event (At the Request of Subcommittee Members Alexander and Schwank)
Recommendation: That the Board of Directors approve the changes to the New Year's Eve Grape Drop event.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGER REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
At 7:07 PM, the Community Services District meeting was formally adjourned to Tuesday, November 12, 2024 at 5:00 PM for a Closed Session, with a regular session commencing at 6:00 PM, City Council Chambers, 41000 Main Street, Temecula, California.
Zak Schwank, President
ATTEST:
Randi Johl, Secretary
[SEAL]
Item No. 17
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Jennifer Hennessy, Director of Finance
DATE: November 12, 2024
SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2024 PREPARED BY: Catlin Dorset, Management Analyst
RECOMMENDATION: That the Board of Directors:
1. Receive and file the Financial Statements for the 4th Quarter Ended June 30, 2024; and
2. Approve the following Fiscal Year 2023-24 Budget Adjustment:
a. Increase the TCSD Service Level "D" — Refuse/Recycling Fund expenditure (194.180.508.5250) and revenue (194.180.000.4025) accounts by $290,059 to reflect the SB 1383 CalRecycle Grant received on May 21, 2024.
BACKGROUND: The attached Financial Statements reflect the preliminary results for Fiscal Year Ended June 30, 2024.
FISCAL IMPACT: Noted in the attached Fund Summaries.
ATTACHMENTS: TCSD Fund Summaries
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f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 190 - TEMECULA COMMUNITY SERVICES DISTRICT FUND
2023-24 Year to Date 2023-24 Q4
2022-23 Current Actuals Revised Requested
Description Actuals Budget 6-30-2024 Budget Adjustments % Change
from Current
Budget
Revenues by Source
Taxes and Franchises
Special Tax (Measure C)
1,928,969
1,916,505
1,908,085
1,916,505
0 0.0%
Licenses, Permits and Service Charges
Contract Classes
961,966
1,200,000
1,021,502
1,200,000
0 0.0%
Classes/Activities
64,186
67,640
119,859
67,640
0 0.0%
Facility Rentals
480,329
373,650
426,489
373,650
0 0.0%
Aquatics
201,975
222,966
245,054
222,966
0 0.0%
Museum Admissions
96,876
94,335
103,604
94,335
0 0.0%
Theater Admissions
314,583
295,000
270,541
295,000
0 0.0%
Sports Leagues & Tournaments
226,819
239,243
301,153
239,243
0 0.0%
Day Camps
127,288
116,721
115,727
116,721
0 0.0%
Use of Money and Property
Investment Interest
36,449
3,947
51,789
3,947
0 0.0%
Other
0 0
3,117
0 0 0.0%
Reimbursements
Other Reimbursements
123,042
93,077
18,077
93,077
0 0.0%
Operating Transfers In
Operating Transfers In
500,000
0 0
0 0 0.0%
Contribution From Measure S
10,295,571
13,254,402
13,254,402
13,254,402
0 0.0%
Miscellaneous
Miscellaneous
105,371
74,851
102,984
74,851
0 0.0%
Total Revenues and Other Sources
15,463,424
17,952,337
17,942,382
17,952,337
0 0.0%
Expenditures by Category
Transfers
0 37,706
37,706
37,706
0 0.0%
Salaries & Benefits
9,574,969
11,084,024
10,594,330
11,084,024
0 0.0%
Operations & Maintenance
4,272,065
5,211,308
4,870,642
5,211,308
0 0.0%
Internal Service Fund Allocations
2,272,868
2,398,367
2,694,441
2,398,367
0 0.0%
Capital Outlay
0 37,926
37,765
37,926
0 0.0%
Total Expenditures and Other Financing Uses
16,119,901
18,769,332
18,234,885
18,769,332
0 0.0%
Excess of Revenues Over (Under) Expenditures
(656,477)
(816,995)
(292,503)
(816,995)
0 0.0%
Fund Balance, Beginning of Year
1,573,476
916,999
916,999
916,999
Fund Balance, End of Year
916,999
100,004
624,497
100,004
Fund Description
Citywide Operations reflects the collection of the Special Tax (Measure C) charged to households
for recreation programs as well
as fees for
classes and activities. Accounts for facility operations, maintenance, and community recreation programs. Measure C was approved by residents in 1997 at a rate of $74.44 per parcel for the purpose of maintaining the City's parks, recreation facilities, arterial street lighting and
traffic signals. The Special Tax revenue is allocated
equally between TCSD and the General Fund to fund both recreation programs and parks
maintenance.
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f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 191 - TCSD SERVICE LEVEL "B"
2022-23
Description Actuals
STREETLIGHT REPLACEMENT FUND
2023-24 Year to Date 2023-24 Q4
Current Actuals Revised Requested
Budget 6-30-2024 Budget Adjustments
% Change
from Current
Budget
Revenues by Source
Use of Money and Property
Investment Interest
16,786
8,155
54,595
8,155 0
0.0%
Operating Transfers In
Operating Transfers In
200,000
200,000
200,000
200,000 0
0.0%
Total Revenues and Other Sources
216,786
208,155
254,595
208,155 0
0.0%
Excess of Revenues Over (Under) Expenditures
216,786
208,155
254,595
208,155 0
0.0%
Fund Balance, Beginning of Year
852,843
1,069,628
1,069,628
1,069,628
Fund Balance, End of Year
1,069,628
1,277,783
1,324,223
1,277,783
Fund Description
This fund was established to accumulate resources for the replacement of streetlight equipment, poles and lightbulbs, as the City has acquired street lights from Southern California Edison, and to install new street lights as needed throughout the City. Each year, $200,000 is transferred to this fund from the TCSD Service Level "B" Street Lights Fund (Fund 192).
Aft
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1 f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 192 - TCSD SERVICE LEVEL "B"
2023-24
2022-23 Current
Description Actuals Budget
STREET LIGHTS FUND
Year to Date 2023-24 Q4
Actuals Revised Requested
6-30-2024 Budget Adjustments
% Change
from Current
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments 639,690
654,763
654,945
654,763 0
0.0%
Use of Money and Property
Investment Interest 6,657
3,018
18,319
3,018 0
0.0%
Total Revenues and Other Sources 646,347
657,781
673,264
657,781 0
0.0%
Expenditures by Category
Operations & Maintenance 312,080
472,000
341,632
472,000 0
0.0%
Transfers 200,000
200,000
200,000
200,000 0
0.0%
Total Expenditures and Other Financing Uses 512,080
672,000
541,632
672,000 0
0.0%
Excess of Revenues Over (Under) Expenditures 134,267
(14,219)
131,632
(14,219) 0
0.0%
Fund Balance, Beginning of Year 257,367
391,634
391,634
391,634
Fund Balance, End of Year 391,634
377,415
523,266
377,415
Fund Description
Service Level B reflects the collection of benefit assessments charged to property owners. Service Level B includes only those parcels
within
residential subdivisions that receive residential street lighting services.
This service level includes
operational, administrative, maintenance
and utility costs of residential streetlights. Each year, $200,000 is transferred from this fund to the
TCSD Service Level "B" Streetlight
Replacement Fund (Fund 191) to accommodate these costs.
Aft
f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 194 - TCSD SERVICE LEVEL "D" REFUSE/RECYCLING FUND 2023-24 Year to Date 2023-24 Q4
2022-23 Current Actuals Revised Requested
Description Actuals Budget 6-30-2024 Budget Adjustments % Change
from Current
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
9,532,420
10,442,107
10,437,416
10,442,107
0 0.0%
Recycling Program
28,008
5,000
63,832
5,000
0 0.0%
Use of Money and Property
Investment Interest
22,609
7,207
61,480
7,207
0 0.0%
Intergovernmental Revenues
Grants
159,957
0 290,059
290,059
290,059
100.0%
Total Revenues and Other Sources
9,742,995
10,454,314
10,852,787
10,744,373
290,059
2.77%
Expenditures by Category
Salaries & Benefits
78,663
79,985
80,543
79,985
0 0.0%
Operations & Maintenance
9,363,712
10,559,761
10,407,408
10,849,820
290,059
2.75%
Total Expenditures and Other Financing Uses
9,442,375
10,639,746
10,487,951
10,929,805
290,059
2.73%
Excess of Revenues Over (Under) Expenditures
300,620
(185,432)
364,835
(185,432)
0 0.0%
Fund Balance, Beginning of Year
279,743
580,363
580,363
580,363
Fund Balance, End of Year
580,363
394,931
945,198
394,931
Fund Description
Service Level D Fund is used to collect benefit assessments charged to property owners for the purpose of providing refuse collection, recycling, and street sweeping throughout the City, which is provided by CR&R. In addition, Service Level D has received grants to increase recycling efforts Citywide.
Aft
f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 195 - TCSD SERVICE LEVEL "R" STREET/ROAD MAINT FUND 2023-24 Year to Date 2023-24 Q4
2022-23 Current Actuals Revised Requested
Description Actuals Budget 6-30-2024 Budget Adjustments % Change
from Current
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
5,302
5,532
5,504
5,532
0 0.0%
Use of Money and Property
Investment Interest
579
253
1,671
253
0 0.0%
Total Revenues and Other Sources
5,881
5,785
7,175
5,785
0 0.0%
Expenditures by Category
Operations & Maintenance
107
10,200
107
10,200
0 0.0%
Total Expenditures and Other Financing Uses
107
10,200
107
10,200
0 0.0%
Excess of Revenues Over (Under) Expenditures
5,774
(4,415)
7,068
(4,415)
0 0.0%
Fund Balance, Beginning of Year
27,281
33,055
33,055
33,055
Fund Balance, End of Year
33,055
28,640
40,123
28,640
Fund Description
Service Level R Fund reflects the operational, administrative, construction and maintenance costs for certain unpaved roads that become inaccessible after inclement weather. Zone R-1 provides service in the Nicolas/Liefer Road area. The maximum rate that can be charged for Zone R-1 for an improved parcel is $115.26 and for an unimproved parcel is $57.62.
.] l_]
\�
( The Heart of Southern Califor
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 196 - TCSD
SERVICE LEVEL "L" LAKE PARK
MAINT. FUND
2023-24
Year to Date
2023-24 Q4
% Change
2022-23
Current
Actuals
Revised
Requested
from Current
Description
Actuals
Budget
6-30-2024
Budget
Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
251,292
254,208
254,788
254,208
0 0.0%
Harveston Lake Boat Revenue
5,035
4,284
2,325
4,284
0 0.0%
Use of Money and Property
Investment Interest
7,436
2,839
16,275
2,839
0 0.0%
Other
0 176
176
176
0 0.0%
Miscellaneous
Miscellaneous
27,930
4,635
6,405
4,635
0 0.0%
Total Revenues and Other Sources
291,693
266,142
279,969
266,142
0 0.0%
Expenditures by Category
Salaries & Benefits
12,863
13,805
12,750
13,805
0 0.0%
Operations & Maintenance
295,365
275,200
255,195
275,200
0 0.0%
Total Expenditures and Other Financing Uses
308,228
289,005
267,945
289,005
0 0.0%
Excess of Revenues Over (Under) Expenditures
(16,535)
(22,863)
12,024
(22,863)
0 0.0%
Fund Balance, Beginning of Year
377,291
360,756
360,756
360,756
Fund Balance, End of Year
360,756
337,893
372,780
337,893
Fund Description
Service Level L Fund reflects the benefit assessments charged to property owners for the purpose of maintaining the Harveston Lake Park.
Expenditures include operational, administrative and maintenance costs.
Aft
Al 31-
All
f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 197 - TEMECULA LIBRARY FUND
2023-24 Year to Date 2023-24 Q4
2022-23 Current Actuals Revised
Description Actuals Budget 6-30-2024 Budget
Requested
Adjustments
% Change
from Current
Budget
Revenues by Source
Licenses, Permits and Service Charges
Printing & Copies
9,967
8,919
10,349
8,919
0 0.0%
Fines and Forfeitures
Fines & Forfeitures
32,636
25,446
33,807
25,446
0 0.0%
Use of Money and Property
Investment Interest
10,167
4,055
18,978
4,055
0 0.0%
Lease/Rental Income
18,192
14,620
14,754
14,620
0 0.0%
Reimbursements
Other Reimbursements
70 0
0 0
0 0.0%
Operating Transfers In
Contribution From Measure S
975,563
818,085
818,085
818,085
0 0.0%
Total Revenues and Other Sources
1,046,594
871,125
895,973
871,125
0 0.0%
Expenditures by Category
Salaries & Benefits
209,877
225,739
226,676
225,739
0 0.0%
Operations & Maintenance
498,265
621,366
528,862
621,366
0 0.0%
Internal Service Fund Allocations
329,860
427,521
388,609
427,521
0 0.0%
Capital Outlay
30,829
0 0
0 0
0.0%
Total Expenditures and Other Financing Uses
1,068,832
1,274,626
1,144,148
1,274,626
0 0.0%
Excess of Revenues Over (Under) Expenditures
(22,238)
(403,501)
(248,174)
(403,501)
0 0.0%
Fund Balance, Beginning of Year
525,740
503,501
503,501
503,501
Fund Balance, End of Year
503,501
100,000
255,327
100,000
Fund Description
The Library Fund is used to account for the maintenance and operations of the Ronald H. Roberts Temecula Public Library on Pauba Road.
Aft
f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 501 - SERVICE LEVEL"C"ZONE 1 SADDLEWOOD FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments 37,526 37,932 38,282 37,932 0 0.0%
Use of Money and Property
Investment Interest 188 118 688 118 0 0.0%
Total Revenues and Other Sources 37,714 38,050 38,970 38,050 0 0.0% Expenditures by Category
Operations & Maintenance 32,531 37,591 32,714 37,591 0 0.0% Total Expenditures and Other Financing Uses 32,531 37,591 32,714 37,591 0 0.0% Excess of Revenues Over (Under) Expenditures 5,183 459 6,256 459 0 0.0% Fund Balance, Beginning of Year 13,018 18,201 18,201 18,201 Fund Balance, End of Year 18,201 18,660 24,456 18,660
Fund Description
Service Level C Fund reflects the collection of benefit assessments charged to property owners for the purpose of providing perimeter landscaping and slope maintenance throughout the City. Service Level C assesses only those parcels within residential subdivisions receiving TCSD perimeter landscaping and slope maintenance and are separated into 32 zones. The rate levels for Zones 6 and 29, are subject to a Consumer Price Index -Urban Consumers (CPI-U) annual inflator while all other rate levels will not increase. Zones 30-32 will not be assessed, as the property owners have elected to have the landscaping maintained by the respective Homeowner's Associations (HOAs).
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 502 - SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK FUND 2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
42,545
2,319
42,542
911
42,696
5,808
42,542
911
0 0
0.0%
0.0%
44,863
43,453
48,503
43,453
0 0.0%
40,110
44,881
31,146
44,881
0 0.0%
40,110
44,881
31,146
44,881
0 0.0%
4,753
(1,428)
17,357
(1,428)
0 0.0%
116,764
121,517
121,517
121,517
121,517
120,090
138,874
120,090
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 503 - SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS FUND 2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
47,414
1,070
47,328
490
47,111
2,976
47,328
490
0 0
0.0%
0.0%
48,484
47,818
50,087
47,818
0 0.0%
40,284
45,738
41,869
45,738
0 0.0%
40,284
45,738
41,869
45,738
0 0.0%
8,200
2,080
8,218
2,080
0 0.0%
58,079
66,278
66,278
66,278
66,278
68,359
74,496
68,359
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 504 - SERVICE LEVEL"C"ZONE 4 THE VINEYARDS FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
6,348
105
6,394
52 6,445
315
6,394
52 0
0 0.0%
0.0%
6,453
6,446
6,760
6,446
0 0.0%
5,181
6,568
6,348
6,568
0 0.0%
5,181
6,568
6,348
6,568
0 0.0%
1,272
(122)
413
(122)
0 0.0%
5,812
7,084
7,084
7,084
7,084
6,962
7,497
6,962
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 505 - SERVICE LEVEL"C"ZONE 5 SIGNET SERIES FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
39,025
396
39,025
226
39,025
1,399
39,025
226
0 0
0.0%
0.0%
39,421
39,251
40,424
39,251
0 0.0%
29,065
38,908
34,545
38,908
0 0.0%
29,065
38,908
34,545
38,908
0 0.0%
10,356
343
5,879
343
0 0.0%
21,922
32,278
32,278
32,278
32,278
32,621
38,157
32,621
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 506 - SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY FUND 2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
28,625
826
30,054
363
29,923
2,105
30,054
363
0 0
0.0%
0.0%
29,451
30,417
32,027
30,417
0 0.0%
15,015
34,923
33,988
34,923
0 0.0%
15,015
34,923
33,988
34,923
0 0.0%
14,435
(4,506)
(1,961)
(4,506)
0 0.0%
39,787
54,222
54,222
54,222
54,222
49,716
52,261
49,716
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 507 - SERVICE LEVEL"C"ZONE 7 RIDGEVIEW FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
15,308
141
15,308
90 15,219
588
15,308
90 0
0 0.0%
0.0%
15,449
15,398
15,807
15,398
0 0.0%
10,786
15,040
10,374
15,040
0 0.0%
10,786
15,040
10,374
15,040
0 0.0%
4,663
358
5,432
358
0 0.0%
7,478
12,141
12,141
12,141
12,141
12,499
17,574
12,499
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 508 - SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
136,500
1,989
137,025
891
137,146
5,029
137,025
891
0 0
0.0%
0.0%
138,489
137,916
142,175
137,916
0 0.0%
129,826
140,922
135,347
140,922
0 0.0%
129,826
140,922
135,347
140,922
0 0.0%
8,663
(3,006)
6,828
(3,006)
0 0.0%
117,729
126,392
126,392
126,392
126,392
123,386
133,220
123,386
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 509 - SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
5,057
588
5,106
225
5,162
1,365
5,106
225
0 0
0.0%
0.0%
5,645
5,331
6,527
5,331
0 0.0%
6,899
8,404
7,852
8,404
0 0.0%
6,899
8,404
7,852
8,404
0 0.0%
(1,254)
(3,073)
(1,325)
(3,073)
0 0.0%
32,146
30,892
30,892
30,892
30,892
27,819
29,567
27,819
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 510 - SERVICE LEVEL"C"ZONE 10 MARTINIQUE FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
9,744
281
9,744
122
9,744
752
9,744
122
0 0
0.0%
0.0%
10,025
9,866
10,496
9,866
0 0.0%
8,446
9,615
9,023
9,615
0 0.0%
8,446
9,615
9,023
9,615
0 0.0%
1,579
251
1,473
251
0 0.0%
14,294
15,873
15,873
15,873
15,873
16,124
17,347
16,124
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 511 - SERVICE LEVEL"C"ZONE 11 MEADOWVIEW FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
2,450
63 2,450
31 2,450
187
2,450
31 0
0 0.0%
0.0%
2,513
2,481
2,637
2,481
0 0.0%
2,015
2,422
2,125
2,422
0 0.0%
2,015
2,422
2,125
2,422
0 0.0%
498
59 513
59 0
0.0%
3,488
3,986
3,986
3,986
3,986
4,045
4,499
4,045
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 512 - SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
96,036
1,435
96,396
655
96,658
3,859
96,396
655
0 0
0.0%
0.0%
97,471
97,051
100,517
97,051
0 0.0%
94,468
101,509
90,433
101,509
0 0.0%
94,468
101,509
90,433
101,509
0 0.0%
3,004
(4,458)
10,085
(4,458)
0 0.0%
86,202
89,206
89,206
89,206
89,206
84,748
99,290
84,748
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 513 - SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP FUND 2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
34,100
609
34,224
249
34,197
1,484
34,224
249
0 0
0.0%
0.0%
34,709
34,473
35,681
34,473
0 0.0%
35,454
33,470
30,103
33,470
0 0.0%
35,454
33,470
30,103
33,470
0 0.0%
(744)
1,003
5,578
1,003
0 0.0%
34,678
33,933
33,933
33,933
33,933
34,936
39,511
34,936
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 514 - SERVICE LEVEL"C"ZONE 14 MORRISON HOMES FUND 2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
14,368
208
14,774
98 14,909
614
14,774
98 0
0 0.0%
0.0%
14,577
14,872
15,523
14,872
0 0.0%
13,495
16,304
13,815
16,304
0 0.0%
13,495
16,304
13,815
16,304
0 0.0%
1,081
(1,432)
1,707
(1,432)
0 0.0%
12,182
13,263
13,263
13,263
13,263
11,831
14,970
11,831
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 515 - SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES FUND 2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
9,800
231
9,800
112
9,800
699
9,800
112
0 0
0.0%
0.0%
10,031
9,912
10,499
9,912
0 0.0%
6,698
9,523
8,356
9,523
0 0.0%
6,698
9,523
8,356
9,523
0 0.0%
3,333
389
2,144
389
0 0.0%
11,733
15,065
15,065
15,065
15,065
15,454
17,209
15,454
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 516 - SERVICE LEVEL"C"ZONE 16 TRADEWINDS FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
37,625
1,647
37,800
655
38,034
4,025
37,800
655
0 0
0.0%
0.0%
39,272
38,455
42,059
38,455
0 0.0%
36,670
33,801
30,137
33,801
0 0.0%
36,670
33,801
30,137
33,801
0 0.0%
2,602
4,654
11,923
4,654
0 0.0%
82,090
84,692
84,692
84,692
84,692
89,346
96,615
89,346
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 517 - SERVICE LEVEL"C"ZONE 17 MONTE VISTA FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
2,070
48 2,116
23 2,171
132
2,116
23 0
0 0.0%
0.0%
2,118
2,139
2,303
2,139
0 0.0%
1,634
2,085
2,037
2,085
0 0.0%
1,634
2,085
2,037
2,085
0 0.0%
484
54 265
54 0
0.0%
2,566
3,050
3,050
3,050
3,050
3,104
3,315
3,104
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 518 - SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
92,941
957
94,010
532
94,298
3,570
94,010
532
0 0
0.0%
0.0%
93,898
94,542
97,867
94,542
0 0.0%
71,359
88,002
75,377
88,002
0 0.0%
71,359
88,002
75,377
88,002
0 0.0%
22,539
6,540
22,490
6,540
0 0.0%
52,256
74,795
74,795
74,795
74,795
81,335
97,285
81,335
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 519 - SERVICE LEVEL"C"ZONE 19 CHANTEMAR FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
54,485
1,576
54,450
615
54,703
3,843
54,450
615
0 0
0.0%
0.0%
56,061
55,065
58,546
55,065
0 0.0%
60,021
53,429
47,637
53,429
0 0.0%
60,021
53,429
47,637
53,429
0 0.0%
(3,960)
1,636
10,909
1,636
0 0.0%
87,872
83,912
83,912
83,912
83,912
85,548
94,821
85,548
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 520 - SERVICE LEVEL"C"ZONE 20 CROWNE HILL FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
177,987
4,973
177,975
2,048
177,692
12,759
177,975
2,048
0 0
0.0%
0.0%
182,960
180,023
190,451
180,023
0 0.0%
163,508
176,025
152,424
176,025
0 0.0%
163,508
176,025
152,424
176,025
0 0.0%
19,452
3,998
38,027
3,998
0 0.0%
255,750
275,202
275,202
275,202
275,202
279,200
313,229
279,200
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 521 - SERVICE LEVEL"C"ZONE 21 VAIL RANCH FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
227,139
3,099
228,201
1,440
228,618
8,680
228,201
1,440
0 0
0.0%
0.0%
230,238
229,641
237,298
229,641
0 0.0%
214,011
229,409
215,450
229,409
0 0.0%
214,011
229,409
215,450
229,409
0 0.0%
16,227
232
21,848
232
0 0.0%
185,223
201,451
201,451
201,451
201,451
201,683
223,299
201,683
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 522 - SERVICE LEVEL"C"ZONE 22 SUTTON PLACE FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
4,408
213
4,408
93 4,408
577
4,408
93 0
0 0.0%
0.0%
4,621
4,501
4,985
4,501
0 0.0%
3,558
4,419
3,454
4,419
0 0.0%
3,558
4,419
3,454
4,419
0 0.0%
1,063
82 1,531
82 0
0.0%
11,241
12,304
12,304
12,304
12,304
12,386
13,835
12,386
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 523 - SERVICE LEVEL"C"ZONE 23 PHEASENT RUN
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
8,470
544
8,400
223
8,392
1,428
8,400
223
0 0
0.0%
0.0%
9,014
8,623
9,820
8,623
0 0.0%
6,864
8,423
5,873
8,423
0 0.0%
6,864
8,423
5,873
8,423
0 0.0%
2,150
200
3,947
200
0 0.0%
27,387
29,537
29,537
29,537
29,537
29,737
33,484
29,737
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 524 - SERVICE LEVEL"C"ZONE 24 HARVESTON FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
161,473
850
162,100
453
162,633
2,364
162,100
453
0 0
0.0%
0.0%
162,324
162,553
164,997
162,553
0 0.0%
146,351
159,848
157,499
159,848
0 0.0%
146,351
159,848
157,499
159,848
0 0.0%
15,972
2,705
7,499
2,705
0 0.0%
50,836
66,809
66,809
66,809
66,809
69,514
74,307
69,514
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 525 - SERVICE LEVEL"C"ZONE 25 SERENA HILLS FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
43,700
1,361
44,000
590
44,323
3,832
44,000
590
0 0
0.0%
0.0%
45,061
44,590
48,155
44,590
0 0.0%
36,506
43,989
34,406
43,989
0 0.0%
36,506
43,989
34,406
43,989
0 0.0%
8,555
601
13,749
601
0 0.0%
70,912
79,467
79,467
79,467
79,467
80,068
93,216
80,068
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 526 - SERVICE LEVEL"C"ZONE 26 GALLERY TRADITION FUND 2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
2,160
38 2,160
20 2,160
120
2,160
20 0
0 0.0%
0.0%
2,198
2,180
2,280
2,180
0 0.0%
1,638
2,147
1,748
2,147
0 0.0%
1,638
2,147
1,748
2,147
0 0.0%
560
33 532
33 0
0.0%
2,001
2,561
2,561
2,561
2,561
2,594
3,093
2,594
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 527 - SERVICE LEVEL"C"ZONE 27 AVONDALE FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
8,995
180
9,100
82 9,323
500
9,100
82 0
0 0.0%
0.0%
9,175
9,182
9,823
9,182
0 0.0%
7,624
9,120
8,260
9,120
0 0.0%
7,624
9,120
8,260
9,120
0 0.0%
1,551
62 1,563
62 0
0.0%
9,632
11,183
11,183
11,183
11,183
11,245
12,745
11,245
Aft
f
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 528 - SERVICE LEVEL"C"ZONE 28 WOLF CREEK FUND
2023-24
Year to Date
2023-24 Q4
% Change
2022-23
Current
Actuals
Revised Requested
from Current
Description
Actuals
Budget
6-30-2024
Budget Adjustments
Budget
Revenues by Source
Licenses, Permits and Service Charges
Assessments
232,567
232,974
234,022
232,974
0 0.0%
Use of Money and Property
Investment Interest
7,581
2,613
20,819
2,613
0 0.0%
Other
0 0
322,833
0 0 0.0%
Total Revenues and Other Sources
240,148
235,587
577,674
235,587
0 0.0%
Expenditures by Category
Transfers
19,954
451,700
411,891
451,700
0 0.0%
Operations & Maintenance
201,755
231,021
212,152
231,021
0 0.0%
Total Expenditures and Other Financing Uses
221,709
682,721
624,043
682,721
0 0.0%
Excess of Revenues Over (Under) Expenditures
18,440
(447,134)
(46,369)
(447,134)
0 0.0%
Fund Balance, Beginning of Year
292,357
310,797
310,797
310,797
Fund Balance, End of Year
310,797
(136,337)
264,428
(136,337)
Fund Description
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 529 - SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT FUND 2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Licenses, Permits and Service Charges
Assessments
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Expenditures by Category
Operations & Maintenance
Total Expenditures and Other Financing Uses
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
4,239
160
4,685
72 4,475
475
4,685
72 0
0 0.0%
0.0%
4,398
4,757
4,949
4,757
0 0.0%
3,078
3,937
2,325
3,937
0 0.0%
3,078
3,937
2,325
3,937
0 0.0%
1,321
820
2,624
820
0 0.0%
8,241
9,562
9,562
9,562
9,562
10,382
12,186
10,382
f
AMA
The Heart of Southern California
Wine Country
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
FUND: 530 - SERVICE LEVEL"C"ZONE 30 FUTURE ZONES FUND
2023-24 Year to Date 2023-24 Q4 % Change
2022-23 Current Actuals Revised Requested from Current
Description Actuals Budget 6-30-2024 Budget Adjustments Budget Revenues by Source
Use of Money and Property
Investment Interest
Total Revenues and Other Sources
Excess of Revenues Over (Under) Expenditures
Fund Balance, Beginning of Year
Fund Balance, End of Year
Fund Description
0 277 0 277 0 0.0%
0 277
0 277
0 277
0 277
36,062 36,062 36,062 36,062
36,062 36,339 36,062 36,339
0 0.0%
0 0.0%
Item No. 18
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: November 12, 2024
SUBJECT: Approve Sponsorship Agreement with Temecula Sunrise Rotary for Community Christmas Dinner
PREPARED BY: Yvette Martinez, Community Services Manager RECOMMENDATION: That the Board of Directors approve a sponsorship agreement with Temecula Sunrise Rotary for in -kind City support valued at $1,000 to support the Temecula Community Christmas Dinner.
BACKGROUND: Founded in 1987, the Temecula Sunrise Rotary offers many programs benefiting the City of Temecula. The organization consists of local business leaders working to address various community and international humanitarian projects. The club encourages high ethical standards in all vocations and helps build goodwill and peace in the world through the Ideal of Service. The club objective is to encourage and foster the Ideal of Service as a basis of worthy enterprise.
In 2015, the Temecula Sunrise Rotary Club and two other local Rotary Clubs took the lead on a 20-year Community Christmas Dinner tradition held at the Mary Phillips Senior Center.
Approximately 1,700 people are served each year. Participation is at no cost, open to anyone in the community, and the guests are treated to a full, sit-down dinner on Christmas day. Attendance is not based on financial need and is open to anyone and everyone who would like to spend Christmas day with others.
Due to the growth of the program and space, the Community Christmas Dinner as outgrown the Mary Phillips Senior Center and will now be held on the MSJC Temecula campus. The City of Temecula desires to provide in -kind support with equipment rentals valued at $1,000.
FISCAL IMPACT: In -kind Community Services equipment rental support valued at $1,000 is included in the current Fiscal Year 2024-25 Operating Budget.
ATTACHMENTS: Agreement
SPONSORSHIP AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND
TEMECULA SUNRISE ROTARY CLUB
THIS AGREEMENT is made and effective as of this 12' day of November, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Sunrise Rotary Club, a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:
1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
a. The Nonprofit shall operate the Community Christmas Dinner (hereinafter referred to as the "Event") on December 25, 2024. The Event is a special event which is located in Temecula.
b. The Event includes, Christmas dinner, refreshements, desserts, and gifts to those in need on Christmas Day, as described in Exhibit A.
C. Alcohol will not be served.
d. The City desires to be a Sponsor of the Event.
2. TERM
This Agreement shall commence on November 12, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 26, 2024, unless sooner terminated pursuant to the provisions of this Agreement.
3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city rental support valued at an amount not to exceed One Thousand Dollars and No Cents ($1,000.00) as listed in Exhibit B, the City of Temecula shall be designated as a Sponsor of the Event. As a Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds $1,000, the Nonprofit may seek City authorization for payment above that amount.
4. WRITTEN REPORT
Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Director of Community Services a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report.
06/26/2024
5. PERMITS
The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement.
6. MEETING ATTENDANCE
The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted.
7. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement.
8. INSURANCE
The Nonprofit shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Nonprofit, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of 111SUrance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor 06/26/2024
Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, Vendor is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Nonprofit's products and completed operations of the Nonprofit; premises owned, occupied or used by the Nonprofit.
General liability coverage can be provided in the form of an endorsement to the Nonprofit Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Nonprofit's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Nonprofit may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
06/26/2024
6) If the Nonprofit's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Nonprofit.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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.
e. Verification of Coverage. Nonprofit shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Nonprofit obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
9. GOVERNING LAW
The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
10. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section.
11. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
O6/26/2024
12. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice:
Mailing Address: City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
To Recipient: Temecula Sunrise Rotary Club
Attn: Mark Sitar
P.O. Box 2203
Temecula, CA 92593
15. INDEPENDENT CONTRACTOR
a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder.
16. 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.
17. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The 06/26/2024
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. 06/26/2024
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
Choose an item
By:
Zak Schwank, TCSD President
ATTEST:
By:
Randi Johl, Secretary
APPROVED AS TO FORM:
By:
TEMECULA SUNRISE ROTARY
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
Mark Sitar, President
By:
Diane Sitar, C -Chair
Peter M. Thorson, General NONPROFIT
Counsel
Temecula Sunrise Rotary Club _
Mark Sitar
P.O. Box 2203
Temecula, CA 92593
M ds ita r(cDve rizo n. net
7 06/26/2024
EXHIBIT "A"
TEMECULA COMMUNITY SERVICES DISTRICT SPONSORSHIP BENEFITS
SPONSOR
TEMECULA SUNRISE ROTARY shall provide the following benefits and services for the citizens of the City of Temecula:
Christmas Dinner to Temecula Valley community and those in need • Christmas Gifts to Temecula Valley community and those in need ■ Home delivered Christmas meals to seniors citizens
• City of Temecula logo/name on advertisements
• City of Temecula name on all press releases
• City of Temecula logo/name on event poster
City of Temecula logo/name on event flyers
• City of Temecula logo/name on event t-shirt
*Press Releases will be distributed to all local media, however, publication cannot be guaranteed.
Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc.
06/26/2024
EXHIBIT "B"
IN -KIND SERVICES
ESTIMATED VALUE OF CITY IN -KIND RENTAL SUPPORT
The City wil provide the following in -kind rental support for the Event, valued as follows:
Community Services Rental Costs (equipment to support the dinner): $1,000.00 TOTAL:
$1,000.00
06/26/2024
Item No. 19
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO: General Manager/Board of Directors
FROM: Erica Russo, Director of Community Services
DATE: November 12, 2024
SUBJECT: Approve Sponsorship Agreement with Temecula Duplicate Bridge Club, Unit 534, District 22, American Contract Bridge League
PREPARED BY: Yvette Martinez, Community Services Manager RECOMMENDATION: That the Board of Directors approve a sponsorship agreement with Temecula Duplicate Bridge Club, Unit 534, District 22, American Contract Bridge League for in - kind City support valued at $5,184.
BACKGROUND: The City of Temecula incorporated in 1989 with a population of less than 30,000 residents and a senior population of less than 10%. The City has continued to grow and now has a senior population of approximately 25%. The City recognizes the need to assist in providing services and amenities to enrich quality of life, provide information and education, and support the emotional and physical needs of aging adults within our community.
The Mary Phillips Senior Center (MPSC) has grown along with the community by providing hundreds of programs, activities, and services for aging adults. It is the City's goal to provide the commitment and leadership to identify residents' needs, increase access to existing programs, develop tangible solutions, and plan for the future.
The Temecula Duplicate Bridge Club, Unit 534, District 22, American Contract Bridge League is a nonprofit organization dedicated to providing bridge activities to adults and senior citizens in the community. The partnership between the City of Temecula and Temecula Duplicate Bridge Club, Unit 534, District 22, American Contract Bridge League exists to leverage recreation opportunities and promote the cognitive well-being of seniors. The City of Temecula will provide use of space to host the Bridge activity as outlined in the sponsorship agreement.
FISCAL IMPACT: In -kind Community Services facility and staff support valued at $5,184 are included in the current Fiscal Year 2024-25 Operating Budget.
ATTACHMENTS: Agreement
SPONSORSHIP AGREEMENT BETWEEN
TEMECULA COMMUNITY SERVICES DISTRICT AND
TEMECULA DUPLICATE BRIDGE CLUB, UNIT 534,
DISTRICT 22, AMERICAN CONTRACT BRIDGE LEAGUE
THIS AGREEMENT is made and effective as of this 12th day of November, 2024, by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Duplicate Bridge Club, Unit 534, District 22, American Contract Bridge League (ACBL), a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows:
1. RECITALS
This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct:
a. The Nonprofit shall operate the Duplicate Bridge Games (hereinafter referred to as the "Event') every Tuesday from 1:00 — 4:00 pm. The Event is a special event which is located in Mary Phillips Senior Center.
b. The Event includes, Duplicate Bridge Games open to seniors ages 55 and over. City Staff will setup and breakdown the activity. The room will be opened no earlier than 12:30 pm. The Nonprofit is responsible for clean up. Clean up begins at 4:00 pm. The Nonprofit may not sore food items in the closet. The Nonprofit will not have access to the commercial kitchen. The Nonprofit will supply and is responsible for their own store bouth refreshements. The nonprofit will handle any fees to play the activity. At the discretion of the City, Mary Phillips Senior Center may postpone or cancel the activity based on the availability of space and/or any other facility needs.
C. Alcohol will not be served.
d. The City desires to be a Co -Sponsor of the Event.
2. TERM
This Agreement shall commence on November 12, 2024, and shall remain and continue in effect until tasks described herein are completed, but in no event later than December 30, 2025, unless sooner terminated pursuant to the provisions of this Agreement.
3. CONSIDERATION
a. In exchange for providing the Nonprofit with in -kind city -support services valued at an amount not to exceed Five Thousand and One Hundred and Eighty Four Dollars and Zero Cents ($5,184.00), as listed in Exhibit B, the City of Temecula shall be designated as a Co -Sponsor of the Event. As a Co -Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds $5,184.00, the Nonprofit may seek City authorization for payment above that amount.
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b. WRITTEN REPORT
Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Director of Community Services a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Co -Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report.
4. PERMITS
The Nonprofit shall file applications for a Temporary Use Permit and Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Temporary Use Permit, the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement.
5. MEETING ATTENDANCE
The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted.
6. INDEMNIFICATION
The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement.
7. INSURANCE
The Nonprofit shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by the Nonprofit, its agents, representatives, employees, or subcontractors.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general 06/26/2024
aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Concessionaire has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to it's employees. Pursuant to Labor Code Section 1861, Vendor must submit to City the following certification before beginning any work on the Improvements:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, Vendor is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
b. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the Risk Manager. c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Nonprofit's products and completed operations of the Nonprofit; premises owned, occupied or used by the Nonprofit.
General liability coverage can be provided in the form of an endorsement to the Nonprofit Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of the Nonprofit's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies. 3) The Nonprofit may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true 06/26/2024
"following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
6) If the Nonprofit's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Nonprofit.
7) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy.
8) Unless otherwise approved by City, if any part of the Services and Tasks is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for Vendor, and all subcontractors must agree in writing to be bound by the provisions of this section. d. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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.
e. Verification of Coverage. Nonprofit shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive the Nonprofit obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
f. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. GOVERNING LAW
The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted.
9. LEGAL RESPONSIBILITIES
The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe 06/26/2024
and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section.
10. ASSIGNMENT
The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
11. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice:
Mailing Address:
To Recipient:
City of Temecula
Attn: City Manager
41000 Main Street
Temecula, CA 92590
Temecula Duplicate
District 22, ACBL
Attn: Linda Decquir
36089 Arnett Rd
Wildomar, CA 92595
(916) 215-2544
15. INDEPENDENT CONTRACTOR
Bridge Club, Unit 534,
a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder.
16. 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, 06/26/2024
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.
17. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. 06/26/2024
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
TEMECULA COMMUNITY SERVICES TEMECULA DUPLICATE BRIDGE CLUB, DISTRICT UNIT, 534
(Two Signatures of corporate officers required unless
corporate documents authorize only one person to sign the agreement on behalf of the corporation.)
By:
Zak Schwank, TCSD President
ATTEST:
By:
Randi Johl, Secretary
APPROVED AS TO FORM:
By:
Peter M. Thorson, General
Counsel
D
By:
Linda Decquir, Pr Ident
By: _Z-el'ea
Carol Fuller, Manager
NONPROFIT
Temecula Duplicate Bridge Club, Unit 534,
District 22, ACBL
Linda Decquir
36089 Arnett Rd
Wildomar, CA 92595
(916) 215-2544
[email protected]
06/26/2024
EXHIBIT "A"
CITY OF TEMECULA SPONSORSHIP BENEFITS
CO-SPONSOR
Temecula Duplicate Bridge Club, Unit 534, District 22, ACBL shall provide the following benefits and services for the citizens of the City of Temecula:
■ City of Temecula logo/name on advertisements
■ City of Temecula name on all press releases
■ City of Temecula logo/name on event poster
• City of Temecula logo/name on event flyers
• City of Temecula logo/name on event t-shirt
"Press Releases will be distributed to all local media, however, publication cannot be guaranteed.
Press Releases can also be provided to all sponsors for distribution to their clients, agents, employees, etc.
06/26/2024
EXHIBIT "B"
IN -KIND SERVICES
ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS
Based on the input from City departments we received estimated cost projections for the Bridge Activity event. The following expenses can be anticipated for the event:
Item
Value
Mary Phillips Senior Center Facility Rental: $ 2,304.00 Community Services Staff Hours: $ 2,880.00
TOTAL:
$5,184.00
06/26/2024
Item No. 20
THE SUCCESSOR AGENCY
TO THE TEMECULA REDEVELOPMENT AGENCY
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: November 12, 2024
SUBJECT: Approve Financial Statements for the 4th Quarter Ended June 30, 2024 PREPARED BY: Catlin Dorset, Management Analyst
RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the 4th Quarter Ended June 30, 2024.
BACKGROUND: The attached Financial Statements reflect the preliminary results for Fiscal Year Ended June 30, 2024.
FISCAL IMPACT: Noted in the attached Fund Summaries.
ATTACHMENTS: SARDA Fund Summaries
Aft
The Heart of Southern California
Wine Country
FUND: 380 - SARDA DEBT SERVICE FUND
City of Temecula
Fiscal Year 2023-24
Quarterly Budget Report
Description
2022-23
Actuals
2023-24
Current
Budget
Year to Date
Actuals
6-30-2024
2023-24 Q4
Revised
Budget
Requested
Adjustments
% Change
from Current
Budget
Revenues by Source
Taxes and Franchises
Redevelopment Property Tax Fund Distribution
0 7,115,813
0 7,115,813
0 0.0%
Use of Money and Property
Investment Interest
217,374
164,113
208,800
164,113
0 0.0%
Operating Transfers In
Operating Transfers In
6,843,276
0 7,049,778
0 0
0.0%
Total Revenues and Other Sources
7,060,650
7,279,926
7,258,578
7,279,926
0 0.0%
Expenditures by Category
Operations & Maintenance
1,570,747
299,255
1,570,244
299,255
0 0.0%
Debt Service - Principal
0 2,740,000
0 2,740,000
0 0.0%
Debt Service - Interest
2,975,694
2,867,313
2,867,313
2,867,313
0 0.0%
Transfers
2,702,005
0 732,503
0 0
0.0%
Total Expenditures and Other Financing Uses
7,248,446
5,906,568
5,170,059
5,906,568
0 0.0%
Excess of Revenues Over (Under) Expenditures
(187,796)
1,373,358
2,088,519
1,373,358
0 0.0%
Fund Balance, Beginning of Year
(36,192,682)
(36,380,478)
(36,380,478)
(36,380,478)
Fund Balance, End of Year
(36,380,478)
(35,007,120)
(34,291,959)
(35,007,120)
Fund Description
The Successor Agency to the Redevelopment Agency (SARDA) Debt Service Fund was established to account for payment obligations of the Successor Agency as a result of the State's dissolution of Redevelopment Agencies. This is a private -purpose trust fund that is used to account for resources held and administered by the SARDA acting in a fiduciary capacity for other governments.
Item No. 21
CITY COUNCIL/TEMECULA PUBLIC FINANCING AUTHORITY
AGENDA REPORT
TO: City Manager/City Council Members
Executive Director/Board of Directors
FROM: Aaron Adams, City Manager/Executive Director
DATE: November 12, 2024
SUBJECT: Approve Deposit/Reimbursement Agreement and Initiate Community Facilities District Formation Proceedings Related to the Elderberry Park Development PREPARED BY: Jennifer Hennessy, Director of Finance/Treasurer RECOMMENDATION: That the City Council/Board of Directors adopt resolutions entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA APPROVING A DEPOSIT/REIMBURSEMENT
AGREEMENT — ELDERBERRY PARK
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE TO
THE FORMATION OF A COMMUNITY FACILITIES
DISTRICT, AND AUTHORIZING AND DIRECTING ACTIONS
WITH RESPECT THERETO — ELDERBERRY PARK
RESOLUTION NO. TPFA
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY REGARDING
INTENTION TO ISSUE TAX-EXEMPT OBLIGATIONS
BACKGROUND: The Authority has received a request from Woodside 05S, LP, a California limited Partnership (the "Developer"), that expects to develop certain property in the City, that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the Temecula Public Financing Authority Community Facilities District No. 25-01 (Elderberry Park) (the "CFD"). The proposed CFD would be authorized to issue special tax bonds (the "Obligations") in order to finance various public improvements necessitated by the development of the property in the area of the CFD, as well as
to fund various municipal services. The property to be developed consists of approximately 42.63 acres of property located within the City, including Riverside County Assessor's Parcel Numbers 959-400-001 and 949-400-002.
The Developer has submitted to the Finance Director of the City a check in the amount of $145,000 (the "Deposit"), to be used by the City to pay costs of the City and the Authority to form the CFD and issue the Obligations. Pursuant to a Deposit/Reimbursement Agreement (the "Agreement") to be entered into by the Developer, the City and the Authority, and to be administered by the City, funds advanced by the Developer for CFD costs, including the Deposit, will be reimbursed to the Developer upon the issuance and from proceeds of the Obligations.
The City may elect to advance certain of its own funds toward the Project. The City will advance funds on the understanding that it can be reimbursed for amounts expended on the Project from the subsequent sale of the Obligations. The Internal Revenue Code has certain requirements that need to be satisfied in order for a public agency to be reimbursed for costs incurred for capital projects in advance of the sale of tax-exempt Obligations. In order to qualify the City for reimbursement of such costs from the proceeds of the execution and delivery of the Obligations, the Authority Board must adopt a Reimbursement Resolution which satisfies all of the requirements of the Internal Revenue Code within 60 days of the date on which the expenditures have been made.
The Authority's bond counsel has prepared the attached "Reimbursement Resolution" which complies with applicable requirements of the Internal Revenue Code and allows the Authority to reimburse the City for any advanced Project costs from the proceeds of the sale of the Obligations.
The adoption of the Reimbursement Resolution does not obligate the Authority or the City to ever advance funds toward the Project. The adoption of the Reimbursement Resolution preserves the option for the Board to decide at a subsequent date whether or not it would be in the best interests of the Authority or the City to allocate a portion of any proceeds of the sale of the Obligations towards the reimbursement of the monies the City might spend on the Project.
There is a reference in the Reimbursement Resolution to $10,000,000 as the reasonably expected maximum principal amount of the Obligations. The Internal Revenue Code obligates this resolution to include an estimated size of the borrowing from which the reimbursement will occur.
The Authority is not required to maintain this $10,000,000 amount. It is included to satisfy a legal requirement and constitutes only a rough estimate of the likely size of the Obligations that the Authority Board may consider. If the Board were to sell a smaller borrowing, such decision would not adversely affect its ability to use a portion of the proceeds of the Obligations to reimburse the City for these costs.
SPECIFIC ACTIONS: The City Council to consider the adoption of the Resolution approving the Agreement and authorizing actions necessary to implement the Agreement. The Board of Directors to consider the adoption of (a) the Resolution acknowledging receipt of the Deposit, directing staff to present to the Board of Directors the proceedings to form the CFD and authorize the issuance of the Obligations, and designating and authorizing the Executive Director to execute agreements with Webb Municipal Finance, LLC as Special Tax Consultant, Fieldman Rolapp & Associates, Inc. as Municipal Advisor, and Stradling Yocca Carlson & Rauth LLP as
Formation Counsel to assist in the formation and authorization proceedings and (b) the Reimbursement Resolution regarding the intention to issue tax-exempt obligations.. The passage of these Resolutions does not obligate the City Council or the Board of Directors to form the CFD or to issue the Obligations.
FISCAL IMPACT: The City has received an initial $145,000 deposit from the Developer; these funds will be expended in accordance with the Deposit/Reimbursement Agreement. Provisions in the Deposit/Reimbursement Agreement require the Developer to deposit additional funds as necessary to cover all costs of formation of the CFD. There is no fiscal impact to the Authority or the City.
Adoption of the Reimbursement Resolution does not obligate the Authority or the City to incur debt or other obligations or to undertake any project. Adopting the proposed Reimbursement Resolution would preserve the ability of the Authority to reimburse capital improvement expenditures of the Authority and City from proceeds of the Obligations, if issued.
ATTACHMENTS: 1. City Council Resolution — Approving Deposit Agreement
2. TPFA Resolution — Acknowledging Receipt of A Deposit
3. TPFA Resolution — Intention to Issue Tax -Exempt Obligations
4. Deposit/Reimbursement Agreement
RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING A DEPOSIT/
REIMBURSEMENT AGREEMENT — ELDERBERRY PARK
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Woodside 05S, LP, a California limited partnership (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $145,000.00 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 25-01 (Elderberry Park)" (the "CFD").
Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and the City now desires to enter into the Agreement with the Authority and the Developer in order to assist with the formation of the CFD and the possible issuance of Bonds by the Authority for the CFD.
Section 3. The City Council hereby approves and authorizes the City Manager to execute and deliver the Agreement, in the form on file with the City Clerk and to take all actions on his part necessary to implement the Agreement. The Director of Finance is hereby authorized and directed to accept the Deposit and to use the Deposit (and any subsequent Deposits, as defined in the Agreement) in the manner contemplated by the Agreement.
Section 4. The Mayor, City Manager, Director of Finance, City Clerk and all other officers of the City are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder with respect to the implementation of the Agreement, including but not limited to the execution and delivery of any and all agreements, certificates, instruments and other documents, which they, or any of them, may deem necessary or desirable and not inconsistent with the purposes of this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of November, 2024.
James Stewart, 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of November, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
RESOLUTION NO. TPFA 2024-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
ACKNOWLEDGING RECEIPT OF A DEPOSIT RELATIVE
TO THE FORMATION OF A COMMUNITY FACILITIES
DISTRICT, AND AUTHORIZING AND DIRECTING
ACTIONS WITH RESPECT THERETO — ELDERBERRY
PARK
THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC FINANCING AUTHORITY DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Woodside 05S, LP (the "Developer") has submitted to the Finance Director of the City of Temecula (the "City") a check in the amount of $145,000.00 (the "Deposit"), to be used by the City to pay costs of the City and the Temecula Public Financing Authority (the "Authority") in connection with proceedings under Section 53311 et seq. of the California Government Code (the "Act") to create a community facilities district to be designated "Temecula Public Financing Authority Community Facilities District No. 25-01 (Elderberry Park)" (the "CFD").
Section 2. There has also been submitted a Deposit/Reimbursement Agreement (the "Agreement"), to be entered into by the Developer, the City and the Authority (for itself and on behalf of the CFD), and this Board of Directors now desires to direct the Finance Director of the City to accept the money to be advanced by the Developer, to authorize the execution and delivery by the Authority of the Agreement, to employ certain consultants necessary for the formation of the CFD and the sale of bonds of the Authority for the CFD (the "Bonds"), and to authorize and direct Authority staff to take actions necessary to present to this Board of Directors for approval the documents necessary to form the CFD and issue the Bonds of the Authority for the CFD.
Section 3. The Finance Director of the City is hereby requested to accept the Deposit and any future advances by the Developer pursuant to the Agreement (collectively, the "Deposits"), and to use the Deposits in the manner contemplated by the Agreement. The Executive Director of the Authority is hereby authorized and directed to execute the Agreement for and on behalf of the Authority, and to take all actions necessary, in his discretion, to implement the Agreement.
Section 4. City staff, acting for and on behalf of the Authority, are hereby requested to take all actions necessary or advisable to present to the Board of Directors for its review and approval all proceedings necessary to create the CFD and issue the Bonds of the Authority therefor. The passage of this Resolution shall in no way obligate this Board of Directors to form the CFD or to issue the Bonds.
Section 5. The firm of Webb Municipal Finance, LLC is hereby designated as Special Tax Consultant to the Authority for the CFD, the firm of Fieldman Rolapp & Associates, Inc. is hereby designated as municipal advisor to the Authority for the CFD, and the firm of Stradling Yocca Carlson & Rauth LLP is hereby designated as Formation Counsel to the Authority for the CFD.
The Executive Director is hereby authorized and directed to execute agreements with said firms for their services in connection with the CFD and any bonds issued for the CFD, in the respective forms filed with the Finance Director of the City. In any event, the fees and expenses of such consultants shall be payable solely from Deposits (as defined in the Agreement) and /or the proceeds of the Bonds when and if they are issued by the Authority for the CFD.
Section 6. The Executive Director, Treasurer, Secretary, legal counsel to the Authority, and all other officers and agents of the Authority are hereby authorized and directed to take all actions necessary or advisable to give effect to the transactions contemplated by this Resolution.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 12th day of November, 2024.
James Stewart, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2024- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 121h day of November, 2024, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
RESOLUTION NO. TPFA 2024-
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
TEMECULA PUBLIC FINANCING AUTHORITY
REGARDING INTENTION TO ISSUE TAX-EXEMPT
OBLIGATIONS
WHEREAS, the Temecula Public Financing Authority (the "Authority") is a joint exercise of powers authority duly created and existing under the laws of the State of California; and WHEREAS, the Authority desires to finance the costs of acquiring, constructing and installing certain public facilities and improvements for the benefit of the City, as provided in Exhibit A attached hereto and incorporated herein (the "Project"); and WHEREAS, the Authority intends to finance the acquisition, construction and installation of the Project or portions of the Project with the proceeds of the sale of obligations the interest upon which is excluded from gross income for federal income tax purposes (the "Obligations"); and
WHEREAS, the Authority desires to pay certain costs with respect to the Project from available moneys of the Authority, including but not limited to reserves held by the Authority, prior to the issuance of the Obligations and to reimburse the Authority for such costs from a portion of the proceeds of the sale of the Obligations;
NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE TEMECULA PUBLIC
FINANCING AUTHORITY DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOW:
Section 1. Each of the above recitals is true and correct.
Section 2. The Authority reasonably expects, and hereby states its intention, to reimburse itself for Project costs incurred prior to the issuance of the Obligations with proceeds of the Obligations. Exhibit A describes either the general character, type, purpose and function of the Project.
Section 3. The reasonably expected maximum principal amount of the Obligations that is anticipated to be used for such reimbursement is $10,000,000.
Section 4. Except as described in Section 8 below, this resolution is being adopted not later than 60 days after the payment of the original expenditures (the "Expenditures Date or Dates").
Section 5. Except as described in Section 8 below, the expected date of issue of the Obligations will be within 18 months of the later of. (a) the Expenditure Date or Dates; or (b) the date that the Project is placed in service; provided that the reimbursement may not be made more than three years after the Expenditure Date or Dates.
Section 6. Proceeds of the Obligations to be used to reimburse the Authority or the City of Temecula (the "City") for Project costs are not expected to be used, within one year of reimbursement, directly or indirectly to pay debt service with respect to any obligation (other than to pay current debt service coming due within the next succeeding one year period on any tax- exempt obligation of the Authority (other than the Obligations)) or to be held as a reasonably required reserve or replacement fund with respect to an obligation of the Authority or any entity related in any manner to the Authority, or to reimburse any expenditure that was originally paid with the proceeds of any obligation, or to replace funds that are or will be used in such manner.
Section 7. This Resolution is consistent with the budgetary and financial circumstances of the Authority and the City as of the date hereof. No moneys from sources other than the Obligations are, or are reasonably expected to be, reserved, allocated on a long-term basis or otherwise set aside by the Authority (or any related party) pursuant to their budget or financial policies with respect to the Project costs. To the best of our knowledge, this Board of Directors is not aware of the previous adoption of official intents by the Authority that have been made as a matter of course for the purpose of reimbursing expenditures and for which tax-exempt obligations have not been issued.
Section 8. The limitations that are described in Sections 4 and 5 above do not apply to:
(a) costs of issuance of the Obligations; (b) an amount not in excess of the lesser of $100,000 or five percent (5%) of the proceeds of the Obligations; or (c) any preliminary expenditures, such as architectural, engineering, surveying, soil testing, and similar costs other than land acquisition, site preparation, and similar costs incident to commencement of construction, not in excess of twenty percent (20%) of the aggregate issue price of the Obligations that finances the Project for which the preliminary expenditures were incurred.
Section 9. This resolution is adopted as official action of the Authority in order to comply with Treasury Regulation § 1.150-2 and any other regulations of the Internal Revenue Service relating to the qualification for reimbursement of Authority expenditures incurred prior to the date of issue of the Obligations, is part of the Authority's official proceedings, and will be available for inspection by the general public at the main administrative office of the Authority.
SECTION 10. This Resolution shall take effect immediately upon its adoption.
PASSED, APPROVED, AND ADOPTED by the Board of Directors of the Temecula Public Financing Authority this 12th day of November, 2024.
James Stewart, Chair
ATTEST:
Randi Johl, Secretary
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, Secretary of the Temecula Public Financing Authority, do hereby certify that the foregoing Resolution No. TPFA 2024- was duly and regularly adopted by the Board of Directors of the Temecula Public Financing Authority at a meeting thereof held on the 121h day of November, 2024, by the following vote:
AYES: BOARD MEMBERS:
NOES: BOARD MEMBERS:
ABSTAIN: BOARD MEMBERS:
ABSENT: BOARD MEMBERS:
Randi Johl, Secretary
DEPOSIT/REIMBURSEMENT AGREEMENT
Proposed
Temecula Public Financing Authority
Community Facilities District No. 25-01
(Elderberry Park)
THIS DEPOSIT/REIMBURSEMENT AGREEMENT (the "Agreement") is by and among the City of Temecula, California (the "City"), the Temecula Public Financing Authority (the "Authority") for itself and on behalf of the proposed Temecula Public Financing Authority Community Facilities District No. 25-01 (Elderberry Park) (the "CFD"), and Woodside 055, LP, a California limited Partnership (the "Developer").
RECITALS:
WHEREAS, the Developer has advised the City and the Authority that it plans to develop approximately 42.63 acres of property located within the City, including Riverside County Assessor Parcel Numbers 959-400-001 and 949-400-002 (the "Property"); and WHEREAS, the Developer has requested that the Board of Directors of the Authority, with the assistance of City Staff and the Authority's and the City's consultants, form the CFD under the provisions of Sections 53311 et. seq. of the California Government Code (the "Act") to include the Property and that the Authority issue special tax bonds for the CFD in order to finance various public improvements necessitated by the development of the Property and otherwise authorized to be funded pursuant to the Act and to eliminate liens or pay indebtedness of any assessment or community facilities district the territory of which overlaps the CFD, as well as to fund various municipal services, all as to be more fully specified in the proceedings of the Board of Directors of the Authority to form the CFD; and WHEREAS, the Developer is willing to deposit funds with the Authority to ensure payment of the costs of the Authority and the City in forming the CFD and otherwise in connection with the possible issuance of special tax bonds by the Authority for the CFD (the "Bonds"), provided that such funds so advanced are reimbursed to the Developer from the proceeds of the Bonds issued by the Authority for the CFD to the extent provided herein; and WHEREAS, the Authority, the City and the Developer now desire to specify the terms of said deposit and reimbursement.
AGREEMENT:
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants set forth herein, and for other consideration the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
4890-6374-5261 v6/201033-0004
Section 1. The Deposit: Additional Advances. The Developer hereby agrees to provide to the City, in the form of a check made payable to the "City of Temecula, California" $145,000.00 (the "Deposit"), to be used by the City to pay the costs in conducting proceedings for the formation of the CFD and the possible issuance of the Bonds (as more fully described in Section 2(a) below, the "Initial Costs"), said check to be delivered by the Developer to the Finance Director of the City. The City, by its execution hereof, acknowledges receipt by the City of the Deposit. The check representing the Deposit will be cashed by the City, and the Deposit may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposit.
The Developer hereby agrees to advance any additional amounts necessary to pay any Initial Costs incurred by the City or the Authority, in excess of the amount of the Deposit, promptly upon written demand therefore by the Finance Director of the City stating that the then unspent and uncommitted balance of the Deposit is less than $10,000 (the "Additional Deposits" and, collectively with the Deposit, the "Deposits"). In the event that the Developer shall fail to remit the full amount of any such demand for additional amounts to the Finance Director of the City within ten (10) days of such a written demand, the City Manager may, in his sole and absolute discretion, direct City and Authority staff and consultants to cease all work related to the formation of CFD and any possible issuance of the Bonds until the full amount of any additional amounts so demanded has been received by the City.
The Deposits will be cashed by the City and may be commingled with other funds of the City for purposes of investment and safekeeping, but the City shall at all times maintain records as to the expenditure of the Deposits and provide the Developer with periodic written summaries of expenditures made ftom the Deposits, and the unexpended balance thereof, in accordance with Section 6 hereof.
Section 2. Use of Funds. The Deposits shall be administered as follows:
(a) The Finance Director of the City may draw upon the Deposits from time to time to pay the Initial Costs, including but not limited to: (i) the fees and expenses of any consultants to the City or the Authority employed in connection with the formation of the CFD, the issuance of the Bonds and the proposed expenditure of the proceeds of the Bonds to finance public improvements (such as legal counsel, including the City Attorney, Formation Counsel and Bond Counsel, and municipal advisor and special tax consultants); (ii) the costs of any price point study, market absorption study, an appraisal and other reports necessary or deemed advisable by City staff or consultants in connection with the Bonds; (iii) costs of publication of notices, preparation and mailing of ballots and other costs related to any election with respect to the formation of the CFD, the rate and method of apportionment of the special taxes to be levied therein and any bonded indebtedness thereof, (iv) a reasonable charge for City staff time, as determined by the City Manager in his sole discretion, in analyzing and participating in the formation of the CFD, the issuance of the Bonds and the expenditure of the proceeds thereof, including a reasonable allocation of City overhead expense related thereto; and (v) any and all other actual costs and expenses incurred by the City or the Authority with respect to the formation of the CFD or the issuance of the Bonds after the date of execution of this Agreement. -2-
4890-6374-5261 v6/201033-0004
(b) If the CFD is successfully formed and the Bonds are issued under the Act by the Authority secured by special taxes levied upon the Property, the Authority shall provide for reimbursement to the Developer, without interest, of all amounts charged against the Deposits, said reimbursement to be made to the Developer solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act. On or within ten (10) business days after the date of issuance and delivery of the Bonds, the Finance Director of the City shall return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above, but have not yet been so paid.
(c) If the CFD is not successfully formed and the Bonds are not issued, the Finance Director of the City shall, within ten (10) business days after adoption of a resolution stating the intent of the Authority to terminate proceedings under the Act with respect to the formation of the CFD and/or the issuance of the Bonds, return the then unexpended Deposits to the Developer, without interest, less an amount equal to any costs incurred by the City or the Authority or that the City or the Authority is otherwise committed to pay, which costs would be subject to payment under Section 2(a) above but have not yet been so paid.
Section 3. Reimbursement of Other Developer Costs. Nothing contained herein shall prohibit reimbursement of other costs and expenses of the Developer incurred in connection with the formation of the CFD and the issuance of the Bonds, from the proceeds of the Bonds, including, but not limited to fees and expenses of its legal counsel and any special tax or other consultant expenses incurred by it. Any such reimbursement shall be made solely from the proceeds of the Bonds and only to the extent otherwise permitted under the Act and otherwise provided for, at the reasonable discretion of the Authority, in the proceedings for the issuance of the Bonds.
Section 4. Agreement Not Debt or Liability of City or Authority. It is hereby acknowledged and agreed that this Agreement is not a debt or liability of the City or the Authority, as provided in Section 53314.9(b) of the Act. Neither the City nor the Authority shall in any event be liable hereunder other than to return the unexpended and uncommitted portions of the Deposits as provided in Section 2 above and provide an accounting under Section 7 below.
Neither the City nor the Authority shall be obligated to advance any of their own funds with respect to the formation of the CFD, or the issuance of the Bonds or the expenditures of the proceeds thereof, or for any of the other purposes listed in Section 2(a) hereof. No member of the City Council, the Board of Directors of the Authority or officer, employee or agent of the City or the Authority shall to any extent be personally liable hereunder.
Section 5. No Obligation to Form the CFD or to Issue the Bonds. The provisions of this Agreement shall in no way obligate the City or the Authority to form the CFD, to issue the Bonds, or to expend any of their own funds in connection with the formation of the CFD, or the issuance or expenditure of the proceeds of the Bonds. The Developer acknowledges that the formation of the CFD and the authority to issue the Bonds are subject to public hearings and a vote of the owner of the Property.
-3-
4890-6374-5261 v6/201033-0004
Section 6. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
Section 7. Accounting. The City Finance Director shall provide the Developer with a written accounting of proceeds of the Deposits expended pursuant to this Agreement, within ten (10) business days of receipt by the Finance Director of the City of a written request therefore submitted by the Developer. No more than one accounting will be provided in any calendar month and the cost of providing the accounting shall be charged to the Deposits.
If to the Authority or City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: Finance Director
Email: [email protected]
If to the Developer: Woodside Homes
1250 Corona Pointe #500
Corona, California 92879
Attention: Trent Heiner
Email: [email protected]
Each such notice or other communication hereunder shall be deemed delivered to the party to whom it is addressed (a) if given by courier or delivery service or if personally served or delivered, upon delivery, (b) if given by electronic communication, whether by electronic mail, telegram or telecopier, upon the sender's receipt of an appropriate answerback or other written acknowledgment, (c) if given by registered or certified mail, return receipt requested, deposited with the United States mail postage prepaid, 72 hours after such notice is deposited with the United States mail, or (d) if given by any other means, upon delivery at the address specified in this Section.
Section 8. Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible.
Section 9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties hereto.
Section 10. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original.
-4-
4890-6374-5261 v6/201033-0004
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year written alongside their signature line below.
Executed on:
Executed on:
, 2024
52024
DEVELOPER:
WOODSIDE 05S, LP,
a California limited partnership
By: WDS GP, Inc., a California
corporation,
Its General Partner
By:
Name:
Title:
CITY:
CITY OF TEMECULA
Lo
Aaron Adams, City Manager
AUTHORITY:
TEMECULA PUBLIC FINANCING
AUTHORITY, for itself and on behalf of the
proposed Temecula Public Financing
Authority Community Facilities District 25-01
(Elderberry Park)
Lo
Aaron Adams, Executive Director
[Signature page to Deposit/Reimbursement Agreement for Community Facilities District 25-01] S-1
4890-6374-5261 v6/201033-0004
Item No. 22
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Luke Watson, Deputy City Manager
DATE: November 12, 2024
SUBJECT: Approve Renewal of the Visit Temecula Valley Tourism Business Improvement District
PREPARED BY: Robin Harris, Assistant City Attorney
Betsy Lowrey, Assistant to the City Manager
RECOMMENDATION: That the City Council conduct a public hearing and adopt a resolution entitled:
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA RENEWING THE VISIT TEMECULA VALLEY
TOURISM BUSINESS IMPROVEMENT DISTRICT
PURSUANT TO THE PARKING AND BUSINESS
IMPROVEMENT DISTRICT LAW OF 1994 AND APPROVING
A MANAGEMENT AGREEMENT BETWEEN THE CITY AND
VISIT TEMECULA VALLEY TO ADMINISTER THE
ASSESSMENT REVENUES
BACKGROUND: Visit Temecula Valley ("VTV") and all of the lodging businesses within the City have requested the City Council to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District ("VTVTBID") and, accordingly, the City Council may do so in accordance with the procedures in the 1994 Act that the City followed in 2015 when it established the VTVTBID, and when it renewed the VTVTBID in 2020 for a second term. The third term will have a five-year duration to commence on January 1, 2025 and expire on December 31, 2029.
DISCUSSION: In 2005, the Temecula City Council, with the unanimous consent of the lodging businesses within the City, established the Temecula Valley Tourism Business Improvement District pursuant to the Parking and Business Improvement Area Law of 1989 (the "1989 Act"). The 1989 Act district implemented a 2% assessment on the room rents for the lodging businesses which, with unanimous support, was increased to 4% in 2009.
In 2015, VTV, along with all of the lodging businesses within the City, requested the City to undertake proceedings to convert the 1989 Act district to a business improvement district formed under the Parking and Business Improvement District Law of 1994 (the "1994 Act"). On February 10, 2015, the City Council adopted a resolution establishing the Visit Temecula Valley Tourism Business Improvement District pursuant to the 1994 Act (the "VTVTBID"). The initial VTVTBID duration was a five-year term that commenced on March 1, 2015 and expired on February 29, 2020.
On January 28, 2020, following a request by VTV and all of the lodging businesses within the City, the City Council adopted a resolution renewing the VTVTBID for a second term by following the procedures in the 1994 Act that the City followed in 2015 when it established the VTVTBID. The renewed assessment has a duration of five years that will expire on December 31, 2024.
VTV and all of the lodging businesses within the City have once again requested the City Council to initiate proceedings to renew the VTVTBID for a five-year term effective January 1, 2025.
Accordingly, at the September 24, 2024 City Council Meeting, the City Council adopted Resolution 2024-64 (attached) declaring its intent to renew the VTVTBID District pursuant to the Property and Business Improvement Law of 1994. On September 25, 2024, a Joint Notice of the Public Meeting and Public Hearing was sent to all 20 of the affected lodging establishments by U.S. Mail to both their physical and mailing addresses. The City Council conducted a Public Meeting on October 22, 2024, providing an opportunity for the City Council, lodging operators, and the public to receive further information and to discuss this item prior to the public hearing.
At the November 12, 2024 Public Hearing, the City Council will be asked to consider protests, if any, and then vote whether to renew the VTVTBID provided there is not a majority protest.
The current assessment levied within the VTVTBID is 4% and the proposed assessment will remain 4% on the rent charged by the operator per occupied room per night. The assessment revenues are collected by the lodging establishments and remitted to the City monthly along with the City's Transient Occupancy Tax. The City remits the monthly assessment to VTV, less a 2% administration fee, pursuant to the Management District Plan.
The amount of revenues raised by the annual assessment proposed to be levied in year one of the renewed VTVTBID is anticipated to be approximately $2,480,000. The annual revenues for each year of the remaining four years of the renewed VTVTBID's five-year term are expected to fluctuate in accordance with occupancy rates and rents charged by the operators of the Lodging Businesses within the renewed VTVTBID, but the amount is not anticipated to be significantly different each year. The City shall not issue bonds in connection with the renewed VTVTBID.
VTV is responsible for managing the funds and implementing the activities specified in each annual report that VTV must prepare for the VTVTBID. The assessment revenues must be used for marketing and promotional activities to increase tourism and market the Temecula Valley as a tourist destination that specially and specifically benefits lodging businesses located and
operating within the VTVTBID, which are the same boundaries as the City limits.
The procedures for renewing the VTVTBID are described below.
Petition and Resolution of Intention. The 1994 Act provides that the City Council may initiate proceedings to renew the VTVTBID upon the submission of a petition signed by owners of lodging businesses who will pay more than 50% of the assessments proposed to be levied. The City has previously determined that the petitions have been signed by the owners of all the lodging businesses who will pay the assessments proposed to be levied (signed petitions attached).
Renewal proceedings were initiated by the City Council adopting its Resolution No. 2024-64 on September 24, 2024, declaring its intention to renew the VTVTBID.
Management District Plan. The petition includes a summary of the Management District Plan which was originally prepared by VTV and updated for the proposed term beginning January 1, 2025 and expiring December 31, 2029. The Management District Plan includes the boundaries of the district, a description of the activities proposed for each year of operation of the renewed VTVTBID, the assessment rate, the total estimated amount proposed to be expended for the activities each year, the time and manner of collecting the assessments, the number of years (5) in which the assessment will be levied, and a list of the lodging businesses to be assessed. The boundaries, activities, and assessments are the same as set forth in the Management District Plans that were prepared in connection with the establishment of the VTVTBID in 2015 and the renewal of the VTVTBID in 2020. There were 15 lodging businesses when the VTVTBID was established in 2015, 18 lodging businesses when the VTVTBID was renewed for a second term in 2020, and there now currently are 20 lodging businesses. New lodging businesses established within the boundaries of the VTVTBID after the beginning of any fiscal year are not exempt from the levy of assessment.
Public Meeting and Public Hearing. The City Council must hold a noticed public meeting and a subsequent public hearing on the proposed renewal of the VTVTBID and the levy of the assessments for a new five-year term. The public meeting was held during the October 22, 2024 City Council meeting and the public hearing will be held at the November 12, 2024 City Council meeting. The joint notice of public meeting and public hearing was mailed to the lodging businesses in accordance with legal requirements (at least 10 days prior to the date of the public meeting and 45 days prior to date of the public hearing). The public hearing must take place no earlier than 7 days after the public meeting.
Protest of Assessment. At the public hearing, the City Council must hear the testimony of all interested persons for or against the renewal of the VTVTBID and the levy of assessments within the VTVTBID. The Council may adopt a resolution renewing the VTVTBID in the absence of a majority protest. A majority protest will exist if written protests are received from the lodging business owners (or their authorized representatives) within the VTVTBID that will pay 50% or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50%. If written protests are received by the City from the owners or
authorized representatives of lodging businesses in the proposed renewed VTVTBID that will pay 50% or more of the assessments proposed to be levied for the new five-year term, the City Council may not take any further proceedings to renew the VTVTBID and levy the new assessment against such businesses for a period of one year from the date of the finding of the majority protest.
Resolution of Renewal. Following the public hearing and a finding that there is not a majority protest filed against the renewal of the VTVTBID and the levy of the assessment for a new five- year term, the Council may adopt the attached resolution renewing the VTVTBID and levying the assessment.
Owners' Association; Agreement Between the City and VTV. The Management District Plan provides that VTV, as the owners' association, will provide the activities for the VTVTBID. This means that if the City renews the VTVTBID, the City will continue to contract with VTV to provide the services for the VTVTBID. The VTV will prepare a report each year, commencing with the second year, which will describe the proposed activities for that year. The attached resolution approves an agreement between the City and VTV to administer the assessment revenues.
FISCAL IMPACT: Upon renewal of the VTVTBID, the new assessment will be the same as the current assessment levied within the VTVTBID and the renewal expenses and administrative expenses will be paid from the assessments. Lodging businesses will continue to collect a 4% assessment on room rents following the same process as used for the collection of the City's transient occupancy tax.
ATTACHMENTS: 1. Proposed Resolution Renewing VTVTBID
2. Management Agreement
3. Exhibit A - Management District Plan
4. Resolution No. 2024-64 - Resolution of Intention
5. Signed Petitions
6. Notice of Public Meeting and Public Hearing
RESOLUTION NO.2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA RENEWING THE VISIT TEMECULA
VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT PURSUANT TO THE PARKING AND BUSINESS
IMPROVEMENT DISTRICT LAW OF 1994 AND
APPROVING A MANAGEMENT AGREEMENT BETWEEN
THE CITY AND VISIT TEMECULA VALLEY TO
ADMINISTER THE ASSESSMENT REVENUES
WHEREAS, the Parking and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600 et seq. (the "Law") authorizes cities to establish business improvement districts for the purpose of promoting tourism; and WHEREAS, by Resolution No. 15-09, adopted on February 10, 2015, the City Council established the Visit Temecula Valley Tourism Business Improvement District ("VTVTBID") pursuant to the Law and authorized the levy of an assessment on lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section
3.20.020 ("Lodging Businesses"), for an initial term of five fiscal years, commencing with the fiscal year beginning on March 1, 2015, and ending on February 29, 2020; and WHEREAS, by Resolution No. 20-08, adopted on January 28, 2020, the City Council renewed the VTVTBID established pursuant to Resolution No. 15-09 and the Law and authorized the levy of an assessment on Lodging Businesses for a second term with a duration of four years and ten months, that commenced with the fiscal year beginning on March 1, 2020, and will end on December 31, 2024 so as to align the VTVTBID's fiscal year with the calendar year of January 1 st through December 31 st; and
WHEREAS, Resolution Nos. 15-09 and 20-08 and the Law, provide that the City Council may again renew the VTVTBID and authorize an assessment on Lodging Businesses for a new term not to exceed ten years by following the procedures for the establishment of a district under the Law; and
WHEREAS, the owners of all of the Lodging Businesses within the City of Temecula (the "City") have requested the City Council to initiate proceedings pursuant to the Law to renew the VTVTBID for a term of five years pursuant to a written petition; and WHEREAS, the boundaries of the proposed renewed VTVTBID will be the same as the boundaries of the existing VTVTBID, being the exterior boundaries of the City; and WHEREAS, the City Council desires to have Visit Temecula Valley ("VTV") continue to manage the activities provided within the proposed renewed VTVTBID; and WHEREAS, the VTV has drafted a management district plan (the "Management District Plan") in connection with the proposed renewal of the VTVTBID which contains all the
information required by Section 36622 of the Law and filed such Management District Plan with the City Clerk of the City;
WHEREAS, on September 24, 2024, the City Council adopted Resolution No. 2024-64, "A Resolution of the City Council of the City of Temecula Declaring Its Intention to Renew the Visit Temecula Valley Tourism Business Improvement District Pursuant to the Parking and Business Improvement District Law of 1994 and Fixing the Time and Place of a Public Hearing Thereon and Giving Notice Thereof'; and
WHEREAS, the City caused a notice of a public meeting and public hearing concerning the proposed renewal of the VTVTBID and the proposed levy of assessments within the VTVTBID to be duly mailed, as required by law; and
WHEREAS, a public meeting concerning the proposed renewal of the VTVTBID and the proposed levy of assessments within the VTVTBID was held on October 22, 2024, at the hour of 6:00 p.m. at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California; and
WHEREAS, a public hearing concerning the proposed renewal of the VTVTBID and the proposed levy of assessments within the VTVTBID was held on November 12, 2024, at the hour of 6:00 p.m. in the at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California; and
WHEREAS, at the public hearing, the testimony of all interested persons for or against the renewal of the VTVTBID and the levy of assessments within the VTVTBID was heard and considered, and a full, fair and complete hearing was held; and WHEREAS, a majority protest does not exist as defined by Section 36623 of the Law;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE, DETERMINE AND FIND AS FOLLOWS:
Section 1. Recitals. The recitals set forth herein are true and correct.
Section 2. Renewal of District. Pursuant to the Law, the business improvement district designated as the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") is renewed.
Section 3. Description of District. The exterior boundaries of the renewed VTVTBID are the exterior boundaries of the City, as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment. The VTVTBID includes all Lodging Businesses, existing and future, within these boundaries.
Section 4. Assessment. Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the VTVTBID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay
for activities within the VTVTBID. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section
3.20.040 will be exempt from the VTVTBID assessment. New lodging businesses established within the boundaries of the VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code.
Section 5. Duration of Assessment. The annual assessment described in Section 4 may be levied for a term of five fiscal years, commencing with the fiscal year beginning on January 1, 2025 and ending on December 31, 2029, after which term the City may again renew the assessment pursuant to Section 36600 of the Law. For purposes of levying and collecting assessments within the renewed VTVTBID, a fiscal year shall commence on January 1 st and end on the following December 31 st; provided that the City Council may, by resolution, designate the fiscal year as July 1st to June 30th of the following year, or any other fiscal year, subject to all applicable requirements of the Law.
The amount of the annual assessment proposed to be levied in year one totals approximately $2,480,000. This amount is expected to fluctuate over the remaining four years of the five-year term of the assessment for the renewed VTVTBID in accordance with occupancy rates and rents charged by the operators of the Lodging Businesses within the VTVTBID, but the amount is not anticipated to be significantly different each year.
Section 6. Collection of Assessments. The City will collect the assessments from Lodging Businesses within the boundaries of the VTVTBID in monthly installments or such other installments as determined pursuant to resolution of the City Council. The funds collected will be distributed to the VTVTBID. Funds remaining at the end of any year may be used in subsequent years in which VTVTBID assessments are levied as long as they are used consistent with the requirements of this Resolution.
Section 7. Activities. The proposed activities for the VTVTBID include tourism promotions and marketing programs that specifically and specially benefit the Lodging Businesses within the VTVTBID by increasing tourism and marketing the Temecula Valley as a tourism destination. The activities will be funded from the Assessments. A portion of the Assessments each year will be used to pay for administrative expenses of the City.
Section 8. No Bonds. The City shall not issue bonds in connection with the renewed VTVTBID.
Section 9. Fund. There is a continued special fund designated as the VTVTBID Fund into which all revenue derived from the Assessments shall be placed. The moneys in such Fund, except for the moneys to pay administrative expenses, will be distributed to VTV and shall be used only for the purposes specified in this Resolution. The revenue from the levy of the Assessments shall not be used to provide improvements or activities outside the VTVTBID or for any purpose other than the purposes specified in this Resolution. Funds remaining at the end of any year may be used in subsequent years in which Assessments are levied as long as they are 3 used consistent with the requirements of this Resolution.
Section 10. Benefit. The City Council hereby finds that the Lodging Businesses within the VTVTBID will be specifically and specially benefited by the activities funded by the Assessments. The activities are narrowly tailored to provide the specific government service of a sales and marketing program only to Lodging Businesses, which are the only businesses that will be featured in advertising campaigns and the only businesses that will receive sales leads generated from the sales and marketing program. The activities will confer on the Lodging Businesses the specific benefit of generating an increased demand for room night sales. Any benefit from the activities to non -assessed businesses will occur only incidentally and without cost to the Lodging Businesses. The Assessment does not exceed the reasonable cost of providing the activities, with 80% of each annual budget for sales and marketing and only 20% for administration, contingency and reserve expenses.
Section 11. Amendments. Lodging Businesses within the VTVTBID renewed by this Resolution shall be subject to any amendments to the Law.
Section 12. Lew of Assessment. The adoption of this Resolution constitutes the levy of an Assessment in each of the fiscal years referred to herein and in the Management District Plan.
Section 13. Agreement with VTV. The Mayor is hereby authorized and directed to execute and deliver, for and in the name of the City, the Management Agreement Between the City and Visit Temecula Valley for the Operation and Administration of the Visit Temecula Tourism Business Improvement District (the "Management Agreement") in substantially the form attached to this Resolution as Exhibit B and incorporated herein by such attachment, with such changes therein as the Mayor may approve (such approval to be conclusively evidenced by the execution and delivery thereof).
Section 14. Certification. The City Clerk shall certify to the adoption of this Resolution.
4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12th day of November, 2024.
James Stewart, 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of November, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
EXHIBIT A
Visit Temecula Valley Tourism Business Improvement District Boundaries Temecula
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CIVITAS
EXHIBIT B
Management Agreement between the City of Temecula and Visit Temecula Valley for the Operation and Administration of the Visit Temecula Valley Tourism Business Improvement District
(attached)
MANAGEMENT AGREEMENT BETWEEN THE CITY OF
TEMECULA AND VISIT TEMECULA VALLEY FOR THE
OPERATION AND ADMINISTRATION OF VISIT TEMECULA
VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT
THIS AGREEMENT is made and entered into as of January 1, 2025, by and between the CITY OF TEMECULA, a municipal corporation ("City") and Visit Temecula Valley, a California non-profit corporation (the "VTV").
RECITALS:
WHEREAS, on November 12, 2024, the City Council adopted Resolution No. 24- (the "Resolution") renewing the Visit Temecula Valley Tourism Business Improvement District (the "District") under the provisions of the Parking and Business Improvement District Law of 1994, Section 36600 et seq. of the California Streets and Highways Code (the "Act"); and
WHEREAS, pursuant to the Act and the Resolution, the City is authorized to levy and collect an annual assessment (the "Assessment") from lodging businesses in the District for the purpose of tourism promotions and marketing projects, programs and activities that benefit lodging businesses located and operating within the boundaries of the District; and
WHEREAS, the City Council approved a Management District Plan ("Plan"), containing all of the information required by Section 36622 of the Act and designating VTV to serve as the Owner's Association for the District. A copy of the Plan is attached hereto as Exhibit A and incorporated by reference; and
WHEREAS, VTV has available personnel, resources and expertise to implement projects, programs, and activities within the District which are permitted to be funded with proceeds of the Assessment and is willing to do so;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the City and VTV hereby agree as follows:
PROJECT COORDINATION.
A. The City Manager of the City, or his or her designated representative (hereafter "City Manager"), shall be the project manager for the City and shall supervise and direct all actions to be performed by the City pursuant to this Agreement.
B. VTV designates its President & CEO to be the contact person with regard to all actions to be taken on behalf of VTV pursuant to this Agreement.
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2. TERM.
A. Term. The term of the Agreement commences on January 1, 2025 and terminates on December 31, 2029.
B. Termination. The City may suspend or terminate this Agreement immediately upon each breach of Section 7 (Insurance Requirements) or Section 15 (Prohibited Interest). In addition, the City or VTV, upon at least thirty (30) days' prior written notice, may terminate this Agreement with or without cause.
C. Reimbursement. Within 45 days of the effective date of any termination, the City shall reimburse VTV for work which has been performed as of the termination date or which is in progress and cannot prematurely be terminated by virtue of contractual commitments. Unexpended and unencumbered funds provided to VTV by the City pursuant to this Agreement and all tangible assets purchased wholly with such funds shall be immediately returned to the City. It is the intent of VTV not to purchase assets using a combination of funds derived from the Assessments and other resources available to VTV (a "Mixed Purchase"). In the event, however, that any Mixed Purchase shall be made, VTV shall provide the City with prior notice of the Mixed Purchase, and the City and VTV shall agree, prior to the Mixed Purchase, on how such asset shall be allocated in the event of a termination of this Agreement.
3. SERVICES TO BE RENDERED; ANNUAL REPORT AND BUDGET.
A. VTV shall use the funds provided by this Agreement for marketing and promotions to increase tourism and market the Temecula Valley area as a tourist destination, for the specific and special benefit of the lodging businesses located and operating within the boundaries of the District, as more specifically provided in this Agreement. VTV may use the funds for administrative expenses and salaries incurred in furtherance of these purposes provided the funds used for such administrative expenses and salaries do not exceed 13% percent of the Assessment revenues in any fiscal year.
B. Except as provided in Section 3.C. below, on or before July 1 of each calendar year VTV shall submit to the City an annual report (the "Annual Report") for the previous calendar year pursuant to Section 36650 of the Act for each fiscal year (fiscal year aligns with calendar year) during the term of this Agreement setting forth: (1) any proposed changes in the boundaries of the District or in any benefit zones or classification of businesses within the District; (2) the projects, programs and activities to be provided for that fiscal year; (3) an estimate of the cost of providing the projects, programs and activities for that fiscal year; (4) the method and basis of levying the Assessment in sufficient detail to allow each lodging business owner to estimate the amount of the Assessment to be levied against his or her business for that fiscal year; (5) the estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year; and (6) the estimated amount of any contributions to be made from sources other than Assessments levied pursuant to the Act. Pursuant to the Act, the City Council may accept or modify the proposed Annual Report.
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C. In any year when VTV proposes that the City Council increase the Assessment and/or expand the boundaries of the District and/or modify the projects, programs and activities for the ensuing fiscal year, the Annual Report shall be submitted to the City on or before June 1 of the calendar year preceding the start of such ensuing fiscal year.
4. COLLECTION OF ASSESSMENTS.
VTV understands and agrees that the levy of Assessments by the City shall be in the sole discretion of the City Council. No provision of this Agreement shall be construed as a promise, warranty or agreement by the City to levy Assessments against lodging businesses in the District. The City shall have no liability to VTV for its decision to not levy Assessments or in connection with the amounts of any Assessments levied.
5. DISBURSEMENT AND EXPENDITURE OF FUNDS; AUDIT
REQUIREMENT.
A. So long as VTV is not in breach of this Agreement, the City shall disburse all collected Assessments to VTV for funding the projects, programs and activities pursuant to this Agreement; provided however that City may retain from the collected Assessments its costs of renewing the District and two percent (2%) of the collected Assessments each month for administration of the District. Disbursements shall be made in such manner as the parties' representatives shall mutually agree upon in writing.
B. VTV may expend any funds received pursuant to this Agreement only for the purposes authorized by the Resolution, and only in accordance with the Plan and the applicable Annual Report, as approved by the City Council. VTV agrees to carry out all projects, activities, and programs in accordance with all applicable laws.
C. VTV shall establish and maintain on a current basis an adequate accrual accounting system in accordance with generally accepted accounting principles and standards as approved by the City's Director of Finance. The system shall detail all costs chargeable to the City under this Agreement and shall substantiate all such costs, meeting acceptable standards for major public entities in Southern California and complying with any applicable Federal standards. The system shall meet the minimum fiscal and internal control requirements as determined by the Director of Finance. Within one hundred twenty (120) days after the end of the District's fiscal year, VTV shall submit to the City an audit report, prepared by a person or company approved by the City of the District's expenditures and completed activities for the preceding fiscal year.
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6. INDEMNIFICATION.
A. VTV agrees to defend, indemnify, protect and hold harmless the City and 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, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of and to the extent of VTV'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 and to the extent of the negligence of the City, or its officers, officials, employees and volunteers.
B. The City agrees to defend, indemnify, protect and hold harmless VTV and 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 VTV, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of and to the extent of City'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 and to the extent of the negligence of VTV and its officers, officials, employees and volunteers.
7. INSURANCE REQUIREMENTS.
VTV shall procure and maintain for the duration of the contract insurance against claims for injuries to persons and/or damages to property, which may arise from or in connection with the performance of the work hereunder and the results of work by VTV, its agents, representatives, employees, or subcontractors.
A. Minimum Scope of Insurance. Coverage shall be at least as broad as:
1) Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operation, property damage, bodily injury, and personal & advertising with limits no less than One Million ($1,000,000) per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if VTV has no owned autos, covering hired, (Code8) and non -owned autos (Code 9), with limits no less than One Million ($1,000,000) per accident for bodily injury, including death, of one or more persons, property damage and personal injury. 3) Workers' Compensation: as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One million ($1,000,000) per accident for bodily injury or disease. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to its employees. Pursuant to Labor Code Section 1861, VTV must submit to City the following certification before commencing the performance of the work of this agreement:
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I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.
By executing this Agreement, VTV is submitting the certification required above.
The policy must contain a waiver of subrogation in favor of the City of Temecula, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees or volunteers.
B. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be declared and approved by the City's Risk Manager.
C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) The City of Temecula, the Temecula Community Services District, the SuccessorAgency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of VTV's completed operations of the VTV; premises owned, occupied or used by VTV. General liability coverage can be provided in the form of an endorsement to VTV Insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). 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, VTV insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, the Temecula Community Services District, the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City of Temecula, Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, its officers, officials, employees or volunteers shall be excess of VTV's insurance and shall not contribute with it. This also applies to any Excess or Umbrella liability policies.
3) VTV may use Umbrella or Excess Policies to provide the limits as required in this agreement. The Umbrella or Excess policies shall be provided on a true "following form" or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability Insurance.
4) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect the indemnification provided to the City of Temecula, the Temecula Community Services District, and/or the Successor Agency to the Temecula Redevelopment Agency, their officers, officials, employees, or volunteers. 5) VTV'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. 6) If VTV's maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Incubator Client.
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7) If insurance coverage is canceled or, reduced in coverage or in limits VTV 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. 8) Unless otherwise approved by City, if any part of the Services is subcontracted, the Minimum Insurance Requirements must be provided by, or on behalf of, all subcontractors even if city has approved lesser insurance requirements for VTV and all subcontractors must agree in writing to be bound by the provisions of this section.
D. Acceptability of Insurers. Insurance required above, except for workers' compensation insurance, must 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.
E. Verification of Coverage. VTV shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences.
However, failure to obtain the required documents prior to the work beginning shall not waive VTV's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
F. Special Risks or Circumstances. The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
8. INDEPENDENT CONTRACTOR.
VTV 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 VTV shall at all times be under VTV's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of VTV or any of VTV's officers, employees, or agents except as set forth in this Agreement. VTV 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. VTV shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
9. LEGAL RESPONSIBILITIES.
A. VTV shall keep itself informed of all local, State and Federal laws, ordinances 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. VTV shall at all times observe and comply with all such laws, ordinances and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of VTV to comply with this section.
10.14.2024
B. All meetings of the Board of Directors of VTV or any group of representatives of VTV that would constitute a "legislative body" as defined in California Government Code section 54952 (a "committee or subcommittee") where proposed or approved District activities and/or expenditures (collectively, "District Matters") will be discussed shall be open to the public, including without limitation meetings held at District businesses, as required by the Ralph M. Brown Act, Government Code section 54950, et seq. (the "Brown Act"). Prior notice of such meetings, including an agenda prepared and posted in accordance with the Brown Act, of the District Matters to be discussed and the time and location of the meeting, shall be given in accordance with the Brown Act. No District Matters shall be discussed at any meeting of the Board of Directors of VTV or a committee or subcommittee unless such public notice has been given.
C. Notwithstanding the foregoing, the Board of Directors of VTV shall be permitted to meet in sessions closed to the public, so long as any such closed session conforms to the requirements of the Brown Act.
D. The City shall, at the request of VTV, post notices and agendas prepared and provided by VTV for VTV meetings on the City's website and other locations along with notices of other City meetings.
10. RELEASE OF INFORMATION.
A. Except for such documents as are public records exempt from disclosure under the California Public Records Act, all information gained by VTV in performance of this Agreement shall be considered confidential and shall not be released by VTV without City's prior written authorization. VTV, its officers, employees, agents or subcontractors, shall not without written authorization from the Assistant 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 unless such information is subject to disclosure under the California Public Records Act. Response to a subpoena or court order shall not be considered "voluntary" provided VTV gives City notice of such court order or subpoena.
B. VTV shall promptly notify City should VTV, 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 thereunder or with respect to any project or activities. City retains the right, but has no obligation, to represent VTV and/or be present at any deposition, hearing or similar proceeding. VTV agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by VTV. 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.
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11. NOTICES.
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (1) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, 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 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.
To City: City of Temecula
41000 Main Street
Temecula, California 92590
Attention: City Manager
With Copy to: Peter M. Thorson, Esq.
Richards, Watson & Gershon
355 South Grand Ave, 40th Floor
Los Angeles, California 90071
To VTV: Visit Temecula Valley (VTV)
28690 Mercedes Avenue, Suite A
Temecula, California 92590
12. ASSIGNMENT.
VTV shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City.
13. LICENSES.
At all times during the term of this Agreement, VTV shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement.
14. GOVERNING LAW.
The City and VTV 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.
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15. PROHIBITED INTEREST.
No officer, or employee of the City of Temecula who has participated in the negotiation or development of this Agreement, or has or will participate in the administration of this Agreement, shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, VTV, or VTV's contractors for any work required by this Agreement, during his or her tenure with the City or for one year thereafter. VTV hereby warrants and represents to the City that no officer or employee of the City of Temecula has any such interest. VTV further agrees to notify the City in the event any such interest is discovered.
16. 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 orwritten, 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.
17. AUTHORITY TO EXECUTE THIS AGREEMENT.
The person or persons executing this Agreement on behalf of VTV warrants and represents that he or she has the authority to execute this Agreement on behalf of VTV and has the authority to bind VTV to the performance of its obligations hereunder.
18. WAIVER.
The City and VTV agree that waiver by the City or VTV of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition.
19. TIME OF ESSENCE.
Time is of the essence of each and every provision of this Agreement.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
Attest:
Randi Johl, JD, MMC City Clerk
Approved As to Form:
Peter M. Thorson City Attorney
CITY OF TEMECULA
James Stewart, Mayor
VISIT TEMECULA VALLEY ("VTV")
By:-)"
7 (sig ature)
Name: C.eg-,Z;6
(print name)
Title: �`�l�x�fvzW, _
(print title)
VISIT TE CULA VALLEY ("VTV")
By:
(signature) nl ('
Name: �_ — 44 A
rint name)
Title: c
(print title)
(Two Signatures of Corporate Officers Required for VTV)
Exhibit A
Management District Plan
(attached)
10.14.2024
VISIT TEMECULA VALLEY TOURISM
BUSINESS IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
Renewedpursuantto thePropertyandBusinesslmprovementDistrictLawof 1994(Streets andHighways Codeg36600etseq.)
Submitted by
Visit Temecula Valley 501(c)6
September 9, 2024
VISIT
`rEMECULq�
VALLEY
2338199v2
Updated 09/08/24
VISIT TEMECULA VALLEY TOURISM BUSINESS
IMPROVEMENT DISTRICT
MANAGEMENT DISTRICT PLAN
TABLE OF CONTENTS
Contents
I. INTRODUCTION AND OVERVIEW........................................................................................................2 II. WHY A TOURISM BUSINESS IMPROVEMENT DISTRICT FOR TEMECULA VALLEY? ........ 5 III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT?.......................................................6 IV. VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT DISTRICT BOUNDARIES...................................................................................................................................................7 V. SERVICE PLAN AND BUDGET..................................................................................................................8 A. Assessment.........................................................................................................................................................8 B. Determination of Special Benefit....................................................................................................................8 C. Time and Manner for Collecting -Assessments ..............................................................................................8 D. Service Plan Budget and Programs to be Provided: ................................................................................... 10 E. Annual Service Plan: ........................................................................................................................................ 10 F. Adjustments.....................................................................................................................................................12 VI. VTVTBID GOVERNANCE..........................................................................................................................13 A. Visit Temecula Valley Tourism Business Improvement District Governance......................................13 B. Brown Act and California Public Records Act Compliance.....................................................................13 C. Annual Report..................................................................................................................................................13 APPENDIX 1 — LODGING BUSINESSES TO BE ASSESSED WITHIN THE RENEWED VTVTB ID *.........................................................................................................................................................14 Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 1
I. INTRODUCTION AND OVERVIEW
Developed by Visit Temecula Valley ("VTV'� and the lodging businesses within the City of Temecula, the Visit Temecula Valley Tourism Business Improvement District ("VTVTBID'� is a benefit assessment district which was established in 2015 to help fund marketing and sales promotion efforts for Temecula Valley lodging businesses. The VTV organization has successfully managed the district since 2015. This approach has been used successfully in other destination areas throughout the country to improve tourism and drive additional room nights.
The VTVTBID was established pursuant to the Parking and Business Improvement District Law of 1994 (California Streets and Highways Code Section 36600 et seq.) (the "1994 Law' and replaced the prior Temecula Valley Tourism Business Improvement District which was established pursuant to the Parking and Business Improvement Area Law of 1989 (California Streets and Highways Code Section 36500 et seq.) and disestablished in 2015.
The initial assessment for the VTVTBID commenced with the fiscal year that began on March 1, 2015 and ended on February 28, 2016, and the five-year term of the initial assessment expired on February 29, 2020 (in a new 1994 Law district, the maximum number of years in which the assessment may be levied is five years). The 1994 Law provides that any district previously established pursuant to the 1994 Law whose term has expired or will expire may be renewed by following the procedures for establishment of a district. The 1994 Law provides that upon renewal, a district shall have a term (i.e., the number of years in which the assessment may be levied) not to exceed 10 years.
Accordingly, in 2020, the City Council renewed the VTVTBID for a second term by following the same procedures as for the establishment of the VTVTBID in 2015. The assessment for the renewed VTVBID commenced with the fiscal year that began on March 1, 2020 and ended on February 28, 2021. The assessment for the second term has a duration of five years and will expire on December 31, 2024 (instead of February 28, 2025 so as to align the VTVTBID's fiscal year with the calendar year of January 1 st through December 31 st).
The City Council may again renew the VTVTBID for a third term by following the procedures in the 1994 Law that the City followed in 2015 when it established the VTVTBID and in 2019 when it renewed the VTVTBID for a second term. The VTV and all of the lodging businesses in the City have requested the Council to undertake proceedings to renew the VTVTBID for a third term, with the assessments to have a new five-year duration, commencing January 1, 2025 and expiring on December 31, 2029.
An up to date version of the 1994 Law with all applicable amendments is available at:
hllps:Hleginfo.legislature.ca.gov/faces/codes displayexpandedbranch.xhtml?tocCode=SHC&divis ion=18. &title=&part=7. &chapter —&article=.
Location: No changes to the boundaries of the renewed VTVTBID are proposed. The exterior boundaries of the existing VTVTBID are the boundaries of the City of Temecula (the "City"). The VTVTBID includes all lodging businesses, existing and in the future, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.020 ("Lodging Businesses") within these boundaries. There are no benefit zones within the VTVTBID.
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 2
Services: No changes to the services provided by the renewed VTVTBID are proposed. The services consist of marketing and sales promotions designed to specifically benefit Lodging Businesses by increasing tourism and marketing the Temecula Valley as a tourist, meeting and event destination.
Budget: The total VTVTBID budget for its new five (5) year term of operation upon renewal is anticipated to be approximately $12,400,000. The amount of revenues raised by the annual assessment proposed to be levied in year one of the renewed VTVTBID is anticipated to be approximately $2,480,000. The annual revenues for each year of the remaining four years of the renewed VTVTBID's five-year term are expected to fluctuate in accordance with occupancy rates and rents charged by the operators of the Lodging Businesses within the renewed VTVTBID, but the amount is not anticipated to be significantly different each year. The City shall not issue bonds in connection with the renewed VTVTBID. The City shall retain from the assessments an amount equal to its actual expenses in renewing the VTVTBID, and 2% of collected assessments each year will be used to pay for collecting the assessments and administrative expenses of the City.
Assessment: No changes to the assessment levied within the existing VTVTBID are proposed upon the third renewal of the VTVTBID throughout its five-year duration. Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the boundaries of the renewed VTVTBID based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the renewed VTVTBID. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the renewed VTVTBID assessment. New Lodging Businesses established within the boundaries of the renewed VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the renewed VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter
3.20 of the Temecula Municipal Code.
Renewal: The City Council may initiate proceedings to renew the VTVTBID upon the submission of a written petition signed by the owners of Lodging Businesses within the proposed VTVTBID which will pay more than 50% of the assessments proposed to be levied.
If the City Council, by resolution, declares its intention to renew the VTVTBID, the Council must hold a noticed meeting and a subsequent public hearing on the proposed renewal. The owners of the Lodging Businesses will receive a joint notice of the meeting and public hearing by mail.
At the public hearing a protest may be made orally or in writing by any interested person.
Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. Written protests may be mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Council may waive any irregularity in the form or content of any written protest. A written protest may be Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 3
withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with these requirements shall not be counted in determining a majority protest.
If written protests are received from the owners or authorized representatives of businesses in the proposed renewed VTVTBID that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one year from the date of the finding of a majority protest by the City Council.
Duration: Upon renewal of the VTVTBID, the proposed assessments shall be levied for five fiscal years, beginning with the fiscal year that commences on January 1, 2025 and ends on December 31, 2025, which aligns the VTVTBID's fiscal year with the calendar year. After the expiration of the third five-year term (December 31, 2029), the City Council may renew the assessment pursuant to Section 36600 of the 1994 Law. For purposes of levying and collecting assessments within the renewed VTVTBID, a fiscal year shall commence on January 1't and end on the following December 315; provided the City Council may, by resolution, designate the fiscal year as July 15C to June 30`' of the following year, or any other fiscal year, subject to all applicable requirements of the 1994 Law.
Once per year beginning on the anniversary of the renewal of the VTVTBID there shall be a 30-day period in which owners of the Lodging Businesses paying more than 50% of the assessment may petition the City Council to terminate the renewed VTVTBID.
Management: Visit Temecula Valley shall continue to serve as the VTVTBID's Owners' Association. The Owners' Association is charged with managing funds and implementing programs, and must provide annual reports to the City Council.
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 4
II. WHY A TOURISM BUSINESS IMPROVEMENT DISTRICT FOR
TEMECULA VALLEY?
There are several reasons why now is the right time to renew the VTVTBID; the most compelling reasons are as follows:
L TheNeed to Increase Occupancy
The renewal of the VTVTBID is a proactive effort to provide supplemental funding beyond that provided by the City. The funding will ensure that adequate financing exists for the investment required to increase occupancy in the lodging industry and be competitive in the conference segment of the tourism market. The investment will cover an expanded marketing and promotional budget needed to reach this market segment.
2. Stable Funding for Tourism Promotion
The renewal of the VTVTBID will provide a stable source of funding for consistent tourism promotion efforts. The renewed VTVTBID will provide funding for tourism promotion free of political and economic circumstances.
Temecula Lodging Businesses have benefitted from the Temecula Valley Tourism Business District.
The renewal of the VTVTBID for its third term under the 1994 Law will provide stable funding over a new five-year duration, thereby allowing for continued long-range planning and program implementation.
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 5
III. WHAT IS A TOURISM BUSINESS IMPROVEMENT DISTRICT?
Tourism Business Improvement Districts (TBIDs) utilize the efficiencies of private sector operation in the market -based promotion of tourism districts. TBIDs allow lodging business owners to organize their efforts to increase tourism. Lodging business owners within the district fund a TBID, and those funds are used to provide services that the businesses desire and that benefit the lodging businesses within the district.
Tourism Business Improvement District services may include, but are not limited to:
➢ Marketing of the Destination
➢ Tourism Promotion Activities
➢ Sales Lead Generation
In California, TBIDs are formed and renewed pursuant to the Property and Business Improvement District Law of 1994 ("1994 Law'. This law allows for the creation and renewal of a special benefit assessment district to raise funds within a specific geographic area. The key difference between TBIDs and other special benefit assessment districts is that funds raised are returned to the tviwte non -pro it co oration serving as the owners' association for the district.
There are many benefits to Tourism Business Improvement Districts:
➢ Funds cannot be diverted for other government programs; ➢ Tourism Business Improvement Districts are customized to fit the needs of each tourism district;
➢ They allow for a wide range of services, including those listed above; ➢ Tourism Business Improvement Districts are designed, created and governed by those who will paythe assessment;
➢ They provide a stable funding source for tourism promotion.
An up to date version of the 1994 Law with all applicable amendments is available at:
hiips://le ing fo.legislature.ca.gov/faces/codes_ displayexpandedbranch.xhtml?tocCode=SHC&divis ion=18. &title=&part=7. &chapter=&article=
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 6
IV. VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT BOUNDARIES
The existing VTVTBID includes all Lodging Businesses, existing and future, within the boundaries of the City of Temecula. The VTVTBID boundaries are the same boundaries as the City of Temecula, as shown in the map below. No changes to the boundaries of the renewed VTVTBID are proposed.
When the VTVTBID was established in 2015 for its first five-year term, it included approximately 15 Lodging Businesses. When the VTVTBID was renewed for its second five-year term in 2019, it included approximately 18 Lodging Businesses. The boundaries of the VTVTBID, shown in the map below, currently include approximately 20 Lodging Businesses. A complete listing of all 20 Lodging Businesses within the proposed renewed VTVTBID can be found on Appendix 1 of this Plan.
Visit Temecula Valley Tourism Business Improvement District Management District Page 7
V. SERVICE PLAN AND BUDGET
A. Assessment
No changes to the assessment levied within the existing VTVTBID are proposed upon the renewal of the VTVTBID. The annual assessment rate to be levied on each Lodging Business within the proposed renewed VTVTBID is based on the estimated specific and special benefit to the Lodging Businesses.
Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the boundaries of the renewed VTVTBID based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the VTVTBID.
Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the VTVTBID assessment. New Lodging Businesses established within the boundaries of the VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year.
Assessments pursuant to the VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code.
Bonds will not be issued.
The amount of assessment, if passed on to each transient, shall be separately stated from the amount of rent charged and any other applicable taxes, and each transient shall receive a receipt for payment from the business.
B. Determination of Special Benefit
State law requires that assessment funds be expended on a specific benefit conferred directly to the payors that is not provided to those not charged, and which does not exceed the reasonable cost to the City of conferring the benefit. Further, the assessment may be utilized to provide a specific government service directly to the payors that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service.
Visit Temecula Valley shall continue to serve as the VTVTBID's Owners' Association. The Owners' Association is charged with managing funds and implementing programs, and must provide annual reports to the Temecula City Clerk. The specific and special benefit the VTVTBID will provide to Lodging Businesses, and will not provide to non -assessed businesses, is room night sales. In order to provide a specific and special benefit and government service only to payors which does not exceed the reasonable cost thereof, the marketing and promotion services provided with the VTVTBID funds will be designed specifically to drive room night sales to assessed Lodging Businesses.
C. Time and Manner for CollectingAssessments
The proposed assessments shall be levied for five fiscal years, beginning with the fiscal year which begins on January 1, 2025 and continuing through the fiscal year which ends on December 31, 2029. The City will collect the assessments from Lodging Businesses within the boundaries of the renewed VTVTBID in monthly installments or such other installments as determined pursuant to resolution of the City Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 8 September 9, 2024
Council. The funds collected will be distributed to the VTV Board. Funds remaining at the end of any year may be used in subsequent years in which VTVTBID assessments are levied as long as they are used consistent with the requirements of the 1994 Law and this Plan.
Each operator of a Lodging Business shall, on or before the thirtieth day of each month, commencing in January 2025, make a return to the City's Director or Finance, or his or her designee, (the "assessment administrator', on forms provided by the assessment administrator, of the total rents charged and received for the immediately preceding month and the amount of assessment installment owed based on such rents. At such time, the full amount of the assessment installment shall be remitted to the assessment administrator and shall be delinquent if not paid by such date. If the thirtieth day of the month falls on a Saturday, Sunday, or City holiday, the return and payment shall be due on the first business day thereafter. Returns and payments are due immediately upon cessation of business for any reason and are delinquent thirty days thereafter. Each return shall be signed under penalty of perjury by a duly authorized agent of the operator. A return or payment made by mail shall be deemed received on the date shown on a postage cancellation stamp imprinted on the envelope in which the return or payment is received, or if a return or payment is made by means other than through the United States mail, a return or payment shall be deemed received on the date the payment is stamped "received" by the assessment administrator.
Each assessment installment shall be subject to the same penalties and interest for nonpayment or fraud as are applicable to the transient occupancy tax pursuant to Chapter 3.20 of the Temecula Municipal Code.
If any operator fails to make, within the required time, any report and remittance of the assessment installment or any required portion thereof, the assessment administrator shall proceed in such manner, as the assessment administrator deems best to obtain facts and information on which to base an estimate of the assessment installments due. As soon as the assessment administrator procures such facts and information as he or she is able to obtain upon which to base such estimate, the assessment administrator shall proceed to determine and assess against such operator the assessment installments, and applicable interest and penalties. In case such determination is made, the assessment administrator shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid, addressed to the subject operator at his last place of business known to the assessment administrator. The operator may make application for a hearing in the manner set forth in Section 3.20.100 of the Temecula Municipal Code, and, in such case, the provisions of such Section
3.20.100 of this title shall govern the application, hearing, and determination of the assessment installment, interest and penalties, if any, by the assessment administrator. An operator may appeal the determination of the assessment administrator to the City Council in the manner set forth in Section
3.20.110 of the Temecula Municipal Code and, in such case, the provisions of such Section 3.20.110 shall govern the appeal and the findings of the City Council, which findings shall be final and conclusive.
The amount of assessment installments, and applicable penalties and interest shall be deemed a debt owed to the City by the operator of a Lodging Business. An action may be commenced in any court of competent jurisdiction in the name of the City for the amount of such debt. In addition to the assessment installments, penalties and interest, the operator shall be liable to the City for the costs of collection of the amounts due and the enforcement, including, without limitation, all reasonable attorney fees, staff time and other costs of collection and litigation. Conviction and punishment of any person for failure to comply shall not relieve such person from paying any assessment installment, penalty or interest due and unpaid at the time of such conviction nor shall payment prevent prosecution of a Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 9 September 9, 2024
violation of any of the above -described provisions. All remedies shall be cumulative and the use of one or more remedies by the City shall not bar the use of any other remedy.
Any operator of a Lodging Business or other person who fails or refuses to furnish any return required to be made, or who fails or refuses to furnish a supplemental return or other data required by the assessment administrator, or who renders a false or fraudulent return or claim, is guilty of a misdemeanor. Any person required to make, render, sign or verify any report or claim, who makes any false or fraudulent report or claim with intent to defeat or evade the determination of any amount due pursuant to the renewed VTVTBID is guilty of a misdemeanor.
The assessment shall be levied on each Lodging Business in the renewed VTVTBID and each such Lodging Business shall be solely responsible for paying all installments when due. Without disturbance of the foregoing, a Lodging Business may elect to recover some or all of the amount of the assessment from persons owing rent to the Lodging Business. The amount to be recovered from any such person may not exceed the amount of rent owed by that person, multiplied by four percent. The amount so recovered shall be separately identified or itemized on a document provided to that person.
It shall be the duty of every operator of a Lodging Business to keep and preserve, for a period of three years, all records as may be necessary to determine the amount of the assessments due. The assessment administrator shall have the authority to require the maintenance of certain records and the form of such records and shall have the right to inspect such records at all reasonable times.
Whenever the amount of any assessment installment, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the City, it may be refunded provided a claim in writing therefor, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the assessment administrator within one year of the date of payment.
The claim shall be on forms furnished by the assessment administrator. No refund shall be paid unless the claimant established his right thereto by written records showing entitlement thereto.
D. Service Plan Budget and Programs to be Provided:
Service Plan Budget Summary - Fiscal Years 2025-2029
A summary of the annual service plan budget for the renewed VTVTBID is provided on the following pages. The total five (5) year improvement and service plan budget is projected at approximately $2,480,000 annually.
E. Annual Service Plan:
The overarching message of the marketing program and some of its elements have been set out in this Plan; the remaining details of the program will be developed by the City -appointed Owners' Association, which is answerable to the City Council. A service plan budget has been developed to deliver services throughout the VTVTBID. An annual service plan and budget will be developed and approved by the VTVTBID Owners' Association. Please see the budget exhibit below. The budget also includes a portion for contingencies and further renewal of the District. Should the VTVTBID Owners' Association approve, funds may be appropriated for the renewal effort. If there are funds remaining at the end of the renewed VTVTBID term and the Owners' Association chooses to renew, these remaining funds will be transferred to the renewed VTVTBID in accordance with the Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 10 September 9, 2024
1994 Law. Otherwise, any remaining funds will be spent consistent with this Plan or returned to assessed businesses in equal proportions to the assessment paid by each business.
Visit Temecula Valley Tourism Business Improvement District Annual Budget, Years One through Five
SALES and MARKETING — 80%
ADMINISTRATIVE and OPERATIONS —
Office Administration/Operational Expenses
Legal/Accounting
$1,984,000.00
$322,400.00
CITY ADMINISTRATION FEE — 2% $49,600.00
CONTINGENCY/RENEWAL - 5% $124,000.00
Total Projected Revenue $2,480,000.00
Annual Assessment Budget - $2,480,000
Sales & Marketing,
1,984,000, 80%
iinistrative & Operations,
322,400, 13%
City Administration Fee,
49,600, 2%
ontigency/Renewal/Reserve,
124,000, 5%
The City Council hereby directs the implementation of a coordinated program of promotions. By adopting this Management District Plan, the City Council establishes programs that include the messages specified herein as may be modified by the City Council. This Management District Plan sets forth the following contemplated activities for each year of operation of the renewed VTVTBID:
Sales and Marketing
A sales and marketing program will promote the Temecula Valley as a tourist destination for the benefit of the Lodging Businesses in the City of Temecula. The sales and marketing program will have a central theme of promoting the Temecula Valley and Temecula Valley Southern California Wine Country as desirable place to visit, and may include the following activities:
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 11 September 9, 2024
• Internet and online marketing efforts to increase awareness and optimize internet presence; • Print ads in magazines and newspapers targeted at potential visitors; • Television ads targeted at potential visitors;
• Radio ads targeted at potential visitors;
• Attendance of trade shows;
• Sales blitzes;
• Familiarization tours;
• Preparation and production of collateral promotional materials such as brochures, flyers and maps;
• Attendance of professional industry conferences and affiliation events; • Partnerships with local and state tourism organizations to target key international markets to increase overnight visitation at assessed businesses;
• Development and implementation of a public relations and communications strategy, inclusive of social media, eblasts, and press release distributions designed to drive overnight visitation at assessed businesses;
• Lead generation activities designed to attract tourists and group events to Temecula Valley; • Special projects to sponsor special events designed to attract visitors to Temecula Valley; • Director of Sales and General Manager meetings to plan and coordinate tourism promotion efforts;
• Education of hospitality staff on service designed to create a visitor experience that will bring repeat visits; and
• Education of Lodging Business management and the Owners' Association on marketing strategies best suited to meet the Temecula Valley's needs.
Administrative and Operations
The administrative and operations portion of the budget shall be utilized for staffing costs dedicated solely to administrative and operations tasks, office costs, and other general administrative costs.
City Administration Fee
The City of Temecula shall be paid a fee equal to 2% of the amount of assessment collected within the boundaries of the renewed VTVTBID from the Lodging Businesses each fiscal year to cover its costs of collection and administration.
F. Adjustments
The City approved marketing plan shall remain consistent with the budgets above. Although actual revenues will fluctuate due to market conditions, the proportional allocations of the budget below shall remain the same. The VTV board shall have the authority to adjust budget allocations between the categories by no more than fifteen percent (15%) of the total budget per year.
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 12 September 9, 2024
VI. VTVTBID GOVERNANCE
A. Visit Temecula Valley Tourism Business Improvement District Governance The City Council, through adoption of this Management District Plan, has the right, pursuant to Streets & Highways Code §36651, to identify the body that shall implement the proposed program. The Owners' Association of the renewed VTVTBID as defined in Streets & Highways Code §36614.5 is the body that shall implement the proposed program. The City Council appoints VTV to continue to serve as the Owner's Association for the renewed VTVTBID.
B. Brown Act and California Public Records Act Compliance The Owners' Association is subject to government regulations relating to transparency, namely the Ralph M. Brown Act and the California Public Records Act, designed to promote public accountability. The owner's association of a tourism business improvement district is considered a legislative body under California's open meeting act, the Ralph M. Brown Act (Government Code §54950 et seq.). Thus, meetings of the VTV board must be held in compliance with the public notice and other requirements of the Brown Act. A majority of the Board may not hear, discuss, deliberate or take action on matters within the subject matter jurisdiction of the renewed VTVTBID except at a meeting complying with the requirements of the Brown Act. The Owner's Association is also subject to the record keeping and retention requirements of the California Public Records Act.
C. Annual Report
The VTV board shall present an annual report at the end of each year of operation to the Temecula City Council pursuant to Streets and Highways Code §36650. Per Section 36650, the City Council may approve the report as filed or modify it and approve it. The annual report shall include, at a minimum, the following:
• Any proposed changes in the boundaries of the VTVTBID or classification of businesses within the VTVTBID.
• The improvements and activities to be provided for that fiscal year. • An estimate of the cost of providing the improvements and the activities for that fiscal year. • The method and basis of levying the assessment in sufficient detail to allow each business owner to estimate the amount of the assessment to be levied against his or her business for that fiscal year. • The estimated amount of any surplus or deficit revenues to be carried over from a previous fiscal year. • The estimated amount of any contributions to be made from sources other than assessments levied pursuant to the 1994 Law.
Visit Temecula Valley Tourism Business Improvement District Management District Plan Page 13 September 9, 2024
APPENDIX 1- LODGING BUSINESSES TO BE ASSESSED WITHIN
THE RENEWED VTVTBID*
Lodging :Address
Best Western Plus Hotel & Suites
41841 Moreno Road, Temecula, CA 92590
Best Western Country Inn
27706 Jefferson Ave. Temecula, CA 92590
Embassy Suites Temecula
29345 Rancho California Rd. Temecula CA 92591
Extended Stay America
27622 Jefferson Ave. Temecula, CA 92590
Fairfield Inn and Suites
27416 Jefferson Ave., Temecula, CA 92590
Hampton Inn & Suites
28190 Jefferson Ave., Temecula, CA 92590
Hilton Garden Inn
28210 Jefferson Ave, Temecula CA 92590
Holiday Inn Express
27660 Jefferson Ave. Temecula, CA 92590
Home2 Suites by Hilton
28400 Rancho California Rd. Temecula, CA 92591
La Quinta Inn & Suites
27330 Jefferson Ave., Temecula, CA 92590
Motel 6
41900 Moreno Rd, Temecula, CA 92590
Palomar Inn Hotel
28522 Old Town Front St., Temecula CA 92590
Quality Inn Temecula
27338 Jefferson Ave. Temecula Ca 92590
Signature Temecula
28980 Old Town Front St., Temecula Ca 92590
Springhill Suites by Marriott
28220 Jefferson Ave., Temecula CA 92590
Staybridge Suites
27500 Jefferson Ave, Temecula, CA 92590
Rancho California Inn
41873 Moreno Rd., Temecula Ca 92590
Rodeway Inn
28718 Old Town Front St., Temecula CA 92590
Temecula Creek Inn
44501 Rainbow Canyon Rd. Temecula CA 92590
The Hotel Temecula
42100 Main Street Temecula CA 92590
*List as of September 2024
VTVTBID Management District Plan 14
September 9, 2024
RESOLUTION NO.2024-64
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DECLARING ITS INTENTION
TO RENEW THE VISIT TEMECULA VALLEY
TOURISM BUSINESS IMPROVEMENT DISTRICT
PURSUANT TO THE PARKING AND BUSINESS
IMPROVEMENT DISTRICT LAW OF 1994 AND
FIXING THE TIME AND PLACE OF A PUBLIC
HEARING THEREON AND GIVING NOTICE
THEREOF
WHEREAS, the Parking and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600 et seq. (the "Law") authorizes cities to establish business improvement districts for the purpose of promoting tourism; and WHEREAS, by Resolution No. 15-09, adopted on February 10, 2015, the City Council established the Visit Temecula Valley Tourism Business Improvement District ("VTVTBID") pursuant to the Law and authorized the levy of an assessment on lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.020 ("Lodging Businesses"), for an initial term of five fiscal years, commencing with the fiscal year beginning on March 1, 2015, and ending on February 29, 2020; and
WHEREAS, by Resolution No. 20-08, adopted on January 28, 2020, the City Council renewed the VTVTBID which was established pursuant to Resolution No. 15-09 and the Law and authorized the levy of an assessment on Lodging Businesses for a second term with a duration of five years, that commenced with the fiscal year beginning on March 1, 2020, and will end on December 31, 2024; and
WHEREAS, Resolution Nos. 15-09 and 20-08, and the Law, provide that the City Council may again renew the VTVTBID and authorize an assessment on Lodging Businesses for a new term not to exceed ten years by following the procedures for the establishment of a district under the Law; and
WHEREAS, the owners of all of the Lodging Businesses within the City have requested the City Council to initiate proceedings pursuant to the Law to renew the VTVTBID pursuant to a written petition signed by the owners of Lodging Businesses within the VTVTBID which will pay more than 50% of the assessments proposed to be levied; and WHEREAS, the boundaries of the proposed renewed VTVTBID will be the same as the boundaries of the existing VTVTBID; and
WHEREAS, the City Council desires to have Visit Temecula Valley ("VTV") continue to manage the activities provided within the proposed renewed VTVTBID; and
WHEREAS, the VTV has drafted a management district plan (the "Management District Plan") in connection with the proposed renewal of the VTVTBID which contains all the information required by Section 36622 of the Law and filed such Management District Plan with the City Clerk of the City of Temecula ("City"); NOW THEREFORE, the City Council of the City of Temecula does hereby resolve, determine and find as follows:
Section 1. The recitals set forth herein are true and correct.
Section 2. Pursuant to Sections 36621(a) and 36600 of the Law, the City Council hereby declares its intention to renew the VTVTBID, a business improvement district established by the City Council pursuant to the Law, and to levy and collect assessments against Lodging Businesses within the VTVTBID boundaries.
Section 3. The exterior boundaries of the renewed VTVTBID shall be the exterior boundaries of the City, as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment.
Section 4. The City Council hereby approves the Management District Plan on file in the Office of the City Clerk. The City Clerk shall make the Management District Plan and other documents related to the renewal of the VTVTBID available to the public for review during normal business hours, Monday through Friday, 8:00 a.m. — 5:00 p.m.
Section 5. The proposed activities for the renewed VTVTBID include tourism promotions and marketing programs that specifically and specially benefit the Lodging Businesses within the VTVTBID by increasing tourism and marketing the Temecula Valley as a tourism destination. A portion of the assessments each year will be used to pay for administrative expenses of the City.
Section 6. Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the VTVTBID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the VTVTBID. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040 will be exempt from the VTVTBID assessment. New lodging businesses established within the boundaries of the VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code.
Section 7. The annual assessment described in Section 6 may be levied for a term of five fiscal years, commencing with the fiscal year beginning on January 1, 2025 and ending on December 31, 2021, after which term the City may again renew the assessment pursuant to Section 36600 of the Law. For purposes of levying and collecting assessments within the renewed VTVTBID, a fiscal year shall commence on January I" and end on the following
December 31' ; provided that the City Council may, by resolution, designate the fiscal year as July 1 s` to June 30'' of the following year, or any other fiscal year, subject to all applicable requirements of the Law.
Section 8. The amount of the annual assessment proposed to be levied in year one is anticipated to total approximately $2,480,000. This amount is expected to fluctuate over the remaining four years of the five-year term of the assessment for the renewed VTVTBID in accordance with occupancy rates and rents charged by the operators of the Lodging Businesses within the VTVTBID, but the amount is not anticipated to be significantly different each year. The City shall not issue bonds in connection with the renewed VTVTBID.
Section 9. The City will collect the assessments from Lodging Businesses within the boundaries of the VTVTBID in monthly installments or such other installments as determined pursuant to resolution of the City Council. The funds collected will be distributed to the VTVTBID. Funds remaining at the end of any year may be used in subsequent years in which VTVTBID assessments are levied as long as they are used consistent with the requirements of this Resolution.
Section 10. The time and place for the public meeting for comments on the proposed renewal of the VTVTBID and the levy of the assessments is set for October 22, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California.
Section 11. The time and place for the public hearing to consider renewing the VTVTBID and levying assessments is set for November 12, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California.
Section 12. At the public hearing a protest may be made orally or in writing by any interested person. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. Written protests may be mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with these requirements shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed renewed VTVTBID that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in this Resolution, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council.
Section 13. Further information regarding the proposed renewal of the VTVTBID may be obtained from the City Clerk, City of Temecula, 41000 Main Street, Temecula, California, 92590.
Section 14. The City Clerk is instructed to provide mailed joint notice of the public meeting and public hearing to the Lodging Businesses in accordance with Section 36623 of the Law.
Section 15. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of September, 2024.
ATT
R di J , City Clerk
[SEAL]
1 James Stewart, Mayor
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 2024-64 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of September, 2024, by the following vote:
AYES: 4 COUNCIL MEMBERS: Alexander, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
477 Randi Johl, City Clerk
1 1
Ln-
V t S 1 7
No. of
Property Name
Phone
Contact
Title
Email
Mailing Address
Sent Back Petition
Rooms
TID Hotels
Best Western Plus Hotel &
41841 Moreno Road,
60 951-501-8100
Kalpesh Patel - KP
Owner
kalpesh.jDiftmafl.com
Received
Suites
Temecula, CA 92590
Best Western Country Inn
74 951-676-7375
Neal Bhakta
GM
pi. redwvodcltvLbJltmall.com
27706 Jefferson Ave.
Received
Temecula, CA 92590
29345 Rancho
Embassy Suites Temecula
176
951-676-5656
Matt Ezor
GM
[email protected]
California Rd.
Received
Temecula CA 92591
Extended Stay America
107
951-587-8881
Hilda Fetzner
GM
Llm@gxtend9ddtaY.[Dm
27622 Jefferson Ave.Temecula,
Received
CA 92590
27416 Jefferson
Fairfield Inn Suites
94 951-587-9800
Jeannette De La Paz
GM
Pubemecula§rarphpcm.cam
Ave., Temecula, CA
Received
'92590
28190 Jefferson
Hampton Inn &Suites
98 951-506-2331
Lucero Torres
GM
karnptantemeculaRg aim f.com
.Ave.,Temecula, CA
Received
'92590
Hilton Garden Inn
104
951-296-2288
Stormi Posch
GM
SnoschLZ247hotels.com
28210Jefferson Ave,
Received
Temecula CA 92590
Holiday Inn Express
90 951-699-2444 x511
Yesenia Ramirez
GM
hitemecufa@aml•pcm
27660 Jefferson Ave..cDrn
Received
Temecula, CA 92590
28400 Rancho
Home25uites
120
951-331-3622
Chris Johnson
GM
chrls.lohnsanFmhlllon.copt
California Rd.
Received
Temecula, CA 92591
27330 Jefferson
La Quinta Inn & Suites
56 951-296-1003
Vimal Patel (VP)
GM
lQ6113RmOlaauinta.com
Ave., Temecula, CA
Received
92590
Motel 6
135
951-676-7199
Jessica Linares
GM
M6tem_er_Wa�iAihDte35.Com
41900 Moreno Rd,
Received
Temecula, CA 92590
28522 Old Town
Palomar Inn
10 951-676-6503
Gabrijela Stanza
Owner
vardoldtown@¢mail.corn
Front St., Temecula
Received
CA 92590
Quality Inn Temecula
73 951-296-3788
Ken Westmyer
VP
ken LQaIlishosaitalily.com
27338 Jefferson Ave.
Received
'Temecula Ca 92590
28980 Old Town
Signature Temecula
70 951-676-8770
Mike Lad
GM
-Am @5lrtnaturetemecula.coni
Front St., Temecula
Received
Ca 92590
Staybridge Suites
114
951-587-4248
Camille Reese
AGM
creese@tharaid SDn.Cam
27500 Jefferson Ave,
Received
'Temecula, CA 92590
Rancho California Inn
24 951-676-5700
Viraj Vazir
GM
ranchocailForniainn lB@¢mall.torn
41873 Moreno Rd.,Temecula
Received
Ca 92590
28718 Old Town
Rodeway Inn
40 951-676-4833
Bob Patel
Owner
[email protected]
Front St., Temecula
Received
CA 92590
44501 Rainbow
Temecula Creek Inn
126
951-506-1760
Michael Feeley
PDC
mfeelgyfpechanrta-ydc.cam
Canyon Rd.
Received
Temecula CA 92590
The Hotel Temecula
10 951-805-8813
Richard Beck
Owner
heckesgl[`diuna,com
42100 Main Street
Received
Temecula CA 92590
Springhill Suites by
28220 Jefferson
Marriott
134
951-699-4477
Marie Pranger
GM
shstam ecula@am��m.[om
Ave., Temecula CA
Received
92590
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
Location: No changes to the boundaries of the renewed VTVTBID are proposed. The exterior boundaries of the existing VTVTBID are the boundaries of the City of Temecula (the "City"). The VTVTBID includes all lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.020 ("Lodging Businesses") within these boundaries. There are no benefit zones within the VTVTBID.
Services: No changes to the services provided by the renewed VTVTBID are proposed. The services consist of marketing and sales promotions designed to specifically benefit Lodging Businesses by increasing tourism and marketing the Temecula Valley as a tourist, meeting and event destination.
Budget: The total VTVTBID annual budget for the initial year of its new five (5) year term of operation upon renewal Is anticipated to be approximately $2,480,000. The annual revenues for each year of the remaining four years of the renewed VTVBID's five-year term are expected to fluctuate In accordance with occupancy rates and rents charged by the operators of the Lodging Businesses within the renewed VTVTBID, but the amount is not anticipated to be significantly different each year. The City shall not issue bonds in connection with the renewed VTVTBID. The City shall retain from the assessments an amount equal to its actual expenses in renewing the VTVTBID, and 2% of collected assessments each year will be used to pay for collecting the assessments and administrative expenses of the City.
Assessment: No changes to the assessment levied within the existing VTVTBID are proposed upon renewal of the VTVTBID. Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the boundaries of the renewed VTVTBID based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the renewed VTVBID. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the renewed VTVTBID assessment. New Lodging Businesses established within the boundaries of the renewed VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the renewed VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code.
Renewal: The City Council may Initiate proceedings to renew the VTVTBID upon the submission of a written petition signed by the owners of Lodging Businesses within the proposed VTVTBID which will pay more than 50% of the assessments proposed to be levied.
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
If the City Council, by resolution, declares its intention to renew the VTVTBID, the Council must hold a noticed meeting and a subsequent public hearing on the proposed renewal.
The owners of the Lodging Businesses will receive a joint notice of the meeting and public hearing by mail.
At the public hearing a protest may be made orally or in writing by any interested person.
Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. Written protests may be mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, If a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with these requirements shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed renewed VTVTBID that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses shall be taken for a period of one year from the date of the finding of a majority protest by the City Council.
Duration: Upon renewal of the VTVTBID, the proposed assessments shall be levied for five fiscal years, beginning with the fiscal year that commences on January 1, 2025 and ends on December 31, 2025. After the expiration of the five-year term (December 31, 2029), the City Council may renew the assessment pursuant to Section 36600 of the 1994 Law. For purposes of levying and collecting assessments within the renewed VTVTBID, a fiscal year shall commence on January 1st and end on the following December 31st, provided the City Council may, by resolution, designate the fiscal year as July 1st to June 30th of the following year, or any other fiscal year, subject to all applicable requirements of the 1994 Law.
Once per year beginning on the anniversary of the renewal of the VTVTBID there shall be a 30-day period in which owners of the Lodging Businesses paying more than 50% of the assessment may petition the City Council to terminate the renewed VTVTBID.
Management: Visit Temecula Valley shall continue to serve as the VTVTBID's Owners' Association. The Owners' Association is charged with managing funds and implementing programs, and must provide annual reports to the City Council.
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the ' V1Vf BID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address Business Owner
Best Western Plus Temecula Wine Country Hotel & Suites
41841 Moreno Road
Temecula, CA 92590
Kalpesh Patel —Anay LLC
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Kalpesh Patel
Owner
Owner /Owner Representative Name (printed) Title
bier Representative Signature Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VMBID") in accordance with the Property and Business improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address Business Owner
Best Western Country Inn
27706 Jefferson Ave
Temecula, CA 92590
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Neal Bhakta
GM
Owner /Owner Representative Name (printed) Title
r
A 2y
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951)694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
Embassy Suites Temecula Valley Wine Country
29345 Rancho California Rd.
Temecula, CA 92591
Business Owner
Windsor Hospitality Temecula OPCO LLC
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Matt Ezor
Owner/Owner Representative Name (printed)
7e2z2.
Owner/Own Representative Signature
Managing Director
Title
9/9/2024
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
Extended Stay America
27622 Jefferson Ave
Temecula, CA 92590
Business Owner
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Hilda Fetzner
Owner/Owner Representative Name (printed)
GM
Title
t
Signature
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
Created with Scanner Pro
EXH I BIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
Fairfield Inn & Suites
Marriott Temecula
27416 Jefferson Ave
Temecula, CA 92590
Business Owner
Advance Management & Investment, LLC
3001 E Andy Devine Ave
Kingman, AZ 86401
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Jeanette De La Paz GM
Owner/Owner Representative Name (printed) Title
Owner/ er eprese a Signature atc
A complete opy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the 'VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address Business Owner
Hampton Inn & Suites Temecula
28190 Jefferson Ave
Temecula, CA 92590
Cambridge Hospitality
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Lucero Torres
GM
Owner /Owner Representative Name (printed) Title
r
resentative Sig"re
Date
�Ieor IP'e copy of the Management District Plan is on file with the City of Temecula City Clerk and Final [Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951)694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
G
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
Business Owner
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
oilPr,l ,1/(Ir'I
]OwrOwner Repres to ive Name (printed) Title
'/Owner Represent�rfive Signature
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
Vd= :)etittv7 you to iraRiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement Dr ri`' 'the `VTYT !D') in accordance with the Property and Business Improvement District Law of 1994, 5t-rests ar►d rIghways Code Section 36600 et seq., for the purpose of providing services as described in -=4__ War.aizament DistrKt Plan Summary attached hereto as Exhibit A within the territory shown on the tr Ex'iturt A
Lod -dirt, Establ-tsferr*ernt & Address
mo,isa r r ,'►_..xpress
Business Owner
seffersor$ Ave Advance Management & Investments
- au?ion-ed to Sign this Petition On behalf of the
r�,ry;s�tr�r�I GM
Ow-wer /Owner Representative Name (printed) - Title T
r
OwnerloWner Rmewftwe Signature
qtia
Date
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A c-ornphUcopvolthekbragement DWrkt Place is on file with the City of Temecula City Clerk and Finance Direax and wN be furl upon request. Requests for a cam piete copy of the i 1-1-ariagerneW Dis i Pbn shmM be made to:
Je er Hennessey, Futance Dkector
City of Tem mia
d"W Mifm Street
7.Pn*!nL- tom! CD t; cr,
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VMBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodgin,g Establishment & Address Business Owner
Home2 Suites by Hilton Temecula Temecula HHG Hotel Development, LP 28400 Rancho California Road 105 Decker Court, Suite 500� Temecula, CA 92590 Irving, TX 75062
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Patricia Santini
Owner/Owner eprese to ive Name (printed)
Owner/Owner Representative Signature
Manager of General Partner
Title
September 10, 2024
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951)694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., forth e purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
La Quinta Inn &Suites by Wyndham
27330 Jefferson Ave
Temecula, CA 92590
Business Owner
Vimal Patel
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Vimal Patel
GM
Owner/Owner Representative Name (printed) Title
Owner/OwnerRepresentative Signature Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We you petition to initiate
p y proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment &. Address. Business Owner
Motel 6 Temecula — Historic Old Town
41900 Moreno Rd
Temecula, CA 92590
Temecula Hotel LLC
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above,
Kumar Koneru
Manager
Owner /Owner Representative Name (printed) Title
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 9259Q
(951)694-6444
CVLIInIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
Palomar Inn Hotel
28522 Old Town Front Street
Temecula, CA 92590
Business Owner
Carlos Palma
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Carlos Palma
Owner /Owner Representative Name (printed)
f
Owner/Owner Represe
ive Signature
Owner
Title
-- l2
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
FXHIRIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
Quality Inn Temecula
27338 Jefferson Ave
Temecula, CA 92590
Business Owner
Bajipuna Hospitality LLC
Dba Quality Inn Temecula
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Ken Westmyer
Owner /Owner Representative Name (printed)
Owner/Owner Represents ive Signature
VP of Operations
Title
9/8/24
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address Business Owner
Signature / Temecula
28980 Old Town Front Street Mike Lad
Temecula, CA 92590
Hansa Lad
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Mike Lad t GM / owner
Owner /Owner Representative Name printed) Title
0LZ2- 7_
Owner/Owner Repre entativ Signature Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
VVU10IT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
Staybridge Suites Temecula
27500 Jefferson Ave
Temecula, CA 92590
Business Owner
Heritage Inn of Temecula LLC
4520 361h Ave
Fargo, ND 58104
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Ashley Lopez
Owner/Owner Representative Name (printed)
Owner/Owner Representative Signature
Director of Sales
Title
// oq'/
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
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EXHIOIT
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the 'VMBID") in accordance with the Property and Business Improvement District few of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address Business Owner
Rancho California Inn
41873 Moreno Road
Temecula, CA 92590
Viraj Vazir
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Vlraj Vazir
GM
Owner/Owner Representative Name (printed) Title
j Vq
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
PVWIPLIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
Rodeway Inn
28718 Old Town Front Street
Temecula, CA 92590
Business Owner
Bob Patel
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Owner /Owner Representative Name (printed)
Owner/Owner Representative Signature
Own
Title
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
Temecula Creek Inn
44501 Rainbow Canyon Rd
Temecula, CA 92592
Business Owner
Pechanga Development Corporation
45000 Pechanga Parkway
Temecula, CA 92592
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
VEN PEntZ
Owner/Owner Representative Name (printed)
Own er/Owirer ZpresewA a Signature
Pn-E5l DE7, '
Title
l /3-�1/
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISIT TEM ECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the Visit Temecula ValleyTourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 et seq., for the purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lodging Establishment & Address
The Hotel Temecula
42100 Main Street
Temecula, CA 92590
Business Owner
Richard Beck, Michael Beck
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Richard Beck
r
Owner %Owner Representative Name (printed)
Owner/Owner Representative Signature
Partner
Title
Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
EXHIBIT A
MANAGEMENT DISTRICT PLAN SUMMARY
PETITION TO THE CITY OF TEMECULA
TO RENEW THE VISITTEMECULA VALLEY TOURISM BUSINESS IMPROVEMENT
DISTRICT
We petition you to initiate proceedings to renew the VisitTemecula Valley Tourism Business Improvement District (the "VTVTBID") in accordance with the Property and Business Improvement District Law of 1994, Streets and Highways Code Section 36600 etseq., forth purpose of providing services as described in the Management District Plan Summary attached hereto as Exhibit A within the territory shown on the map in Exhibit A.
Lad i ng Establishment & Address
Springhill Suites by Marriott
28220 Jefferson Ave.
Temecula, CA 92590
RIMinOCC n1A/nar
AMI
3001 E Andy Devine Ave
Kingman, AZ 86401.
By my signature below, I certify that I am authorized to sign this Petition on behalf of the business listed above.
Owner/OwnerReprese ative Name (printed) Title
Owner/Owner Representative Signature Date
A complete copy of the Management District Plan is on file with the City of Temecula City Clerk and Finance Director and will be furnished upon request. Requests for a complete copy of the Management District Plan should be made to:
Jennifer Hennessey, Finance Director
City of Temecula
41000 Main Street
Temecula, CA 92590
(951) 694-6444
NOTICE OF PUBLIC MEETING AND PUBLIC HEARING
CONCERNING THE RENEWAL OF THE VISIT TEMECULA VALLEY TOURISM BUSINESS
IMPROVEMENT DISTRICT AND LEVY OF ASSESSMENTS
ON LODGING BUSINESSES WITHIN THE DISTRICT
NOTICE IS HEREBY GIVEN that on September 24, 2024, the City Council (the "Council") of the City of Temecula (the "City"), pursuant to the Property and Business Improvement District Law of 1994 (Streets and Highways Code Section 36600, et seq.), adopted a Resolution of Intention declaring its intention to renew the Visit Temecula Valley Tourism Business Improvement District (the "VTVTBID") and levy assessments on lodging businesses (the "Lodging Businesses"), which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.020, within the VTVTBID, as set forth in the enclosed Resolution of Intention.
NOTICE IS HEREBY FURTHER GIVEN that at 6:00 p.m. on October 22, 2024, at the City of Temecula City Council Chambers, 41000 Main Street, Temecula, California, a public meeting shall be held pursuant to Government Code Section 54954.6 to allow public testimony regarding the renewal of the VTVTBID and the levy of assessments therein as set forth in the enclosed Resolution of Intention.
NOTICE IS HEREBY FURTHER GIVEN that at 6:00 p.m. on November 12, 2024, at the City of Temecula City Council Chambers, 41000 Main Street, Temecula, California, has been set as the time and place for a public hearing at which time the Council will consider renewing the VTVTBID and levying assessments as set forth in the enclosed Resolution of Intention.
Boundaries/Location: No changes to the boundaries of the renewed VTVTBID are proposed.
The exterior boundaries of the existing VTVTBID are the boundaries of the City of Temecula (the "City"). The VTVTBID includes all lodging businesses, existing and in the future, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20.020 ("Lodging Businesses") within these boundaries. There are no benefit zones within the VTVTBID.
Services: No changes to the services provided by the renewed VTVTBID are proposed. The services consist of marketing and sales promotions designed to specifically benefit Lodging Businesses by increasing tourism and marketing the Temecula Valley as a tourist, meeting and event destination.
Budget: The total VTVTBID budget for its new five (5) year term of operation upon renewal is anticipated to be approximately $12,400,000. The amount of revenues raised by the annual assessment proposed to be levied in year one of the renewed VTVTBID is anticipated to be approximately $2,480,000. The annual revenues for each year of the remaining four years of the renewed VTVTBID's five-year term are expected to fluctuate in accordance with occupancy rates and rents charged by the operators of the Lodging Businesses within the renewed VTVTBID, but the amount is not anticipated to be significantly different each year. The City shall not issue bonds in connection with the renewed VTVTBID. The City shall retain from the assessments an amount equal to its actual expenses in renewing the VTVTBID, and 2% of collected assessments each year will be used to pay for collecting the assessments and administrative expenses of the City.
Assessment: No changes to the assessment levied within the existing VTVTBID are proposed upon the third renewal of the VTVTBID throughout its five-year duration. Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the boundaries of the renewed VTVTBID based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the renewed VTVTBID.
Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040, will be exempt from the renewed VTVTBID assessment. New Lodging Businesses established within the boundaries of the renewed VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the renewed VTVTBID shall not be included in gross room rental revenue for the purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code.
Protest: At the public hearing a protest may be made orally or in writing by any interested person.
Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. Written protests may be mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with these requirements shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed renewed VTVTBID that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in the Resolution of Intention, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council.
Collection/Duration: Upon renewal of the VTVTBID, the proposed assessments shall be levied for five fiscal years, beginning with the fiscal year that commences on January 1, 2025, and ends on December 31, 2025, which aligns the VTVTBID's fiscal year with the calendar year. After the expiration of the third five-year term (December 31, 2029), the City Council may renew the assessment pursuant to Section 36600 of the 1994 Law. For purposes of levying and collecting assessments within the renewed VTVTBID, a fiscal year shall commence on January 1st and end on the following December 31 st; provided the City Council may, by resolution, designate the fiscal year as July 1 st to June 30' of the following year, or any other fiscal year, subject to all applicable requirements of the 1994 Law. The City will collect the assessments from Lodging Businesses within the boundaries of the VTVTBID in monthly installments or such other installments as determined pursuant to resolution of the City Council. The City shall forward the assessment revenues to Visit Temecula Valley which will have the responsibility of implementing VTVTBID programs as more fully described in the Management District Plan approved by the City Council on September 24, 2024, and on file with the City Clerk.
Once per year beginning on the anniversary of the renewal of the VTVTBID there shall be a 30- day period in which owners of the Lodging Businesses paying more than 50% of the assessment may petition the City Council to terminate the renewed VTVTBID.
Management: Visit Temecula Valley shall continue to serve as the VTVTBID's Owners' Association. The Owners' Association is charged with managing funds and implementing programs and must provide annual reports to the City Council.
Information: Should you desire additional information about the proposed renewal of the VTVTBID or assessments contact:
Scott Wilson, President & CEO for Visit Temecula Valley 28690 Mercedes Avenue, Suite A
Temecula, California 92590
Telephone: (888) 363-2852 r_7
Dated: � �� l
Ran I, City Clerk
RESOLUTION NO.2024-64
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF TEMECULA DECLARING ITS INTENTION
TO RENEW THE VISIT TEMECULA VALLEY
TOURISM BUSINESS IMPROVEMENT DISTRICT
PURSUANT TO THE PARKING AND BUSINESS
IMPROVEMENT DISTRICT LAW OF 1994 AND
FIXING THE TIME AND PLACE OF A PUBLIC
HEARING THEREON AND GIVING NOTICE
THEREOF
WHEREAS, the Parking and Business Improvement District Law of 1994, California Streets and Highways Code Section 36600 et seq. (the "Law") authorizes cities to establish business improvement districts for the purpose of promoting tourism; and WHEREAS, by Resolution No. 15-09, adopted on February 10, 2015, the City Council established the Visit Temecula Valley Tourism Business Improvement District ("VTVTBID") pursuant to the Law and authorized the levy of an assessment on lodging businesses, which include hotels, motels, and bed and breakfasts as defined in Temecula Municipal Code Section 3.20,020 ("Lodging Businesses"), for an initial term of five fiscal years, commencing with the fiscal year beginning on March 1, 2015, and ending on February 29, 2020; and
WHEREAS, by Resolution No. 20-08, adopted on January 28, 2020, the City Council renewed the VTVTBID which was established pursuant to Resolution No. 15-09 and the Law and authorized the levy of an assessment on Lodging Businesses for a second term with a duration of five years, that commenced with the fiscal year beginning on March 1, 2020, and will end on December 31, 2024; and
WHEREAS, Resolution Nos. 15-09 and 20-08, and the Law, provide that the City Council may again renew the VTVTBID and authorize an assessment on Lodging Businesses for a new term not to exceed ten years by following the procedures for the establishment of a district under the Law; and
WHEREAS, the owners of all of the Lodging Businesses within the City have requested the City Council to initiate proceedings pursuant to the Law to renew the VTVTBID pursuant to a written petition signed by the owners of Lodging Businesses within the VTVTBID which will pay more than 50% of the assessments proposed to be levied; and WHEREAS, the boundaries of the proposed renewed VTVTBID will be the same as the boundaries of the existing VTVTBID; and
WHEREAS, the City Council desires to have Visit Temecula Valley ("VTV") continue to manage the activities provided within the proposed renewed VTVTBID; and
WHEREAS, the VTV has drafted a management district plan (the "Management District Plan") in connection with the proposed renewal of the VTVTBID which contains all the information required by Section 36622 of the Law and filed such Management District Plan with the City Clerk of the City of Temecula ("City"); NOW THEREFORE, the City Council of the City of Temecula does hereby resolve, determine and find as follows:
Section 1. The recitals set forth herein are true and correct.
Section 2. Pursuant to Sections 36621(a) and 36600 of the Law, the City Council hereby declares its intention to renew the VTVTBID, a business improvement district established by the City Council pursuant to the Law, and to levy and collect assessments against Lodging Businesses within the VTVTBID boundaries.
Section 3. The exterior boundaries of the renewed VTVTBID shall be the exterior boundaries of the City, as shown on the map attached hereto as Exhibit A and incorporated herein by such attachment.
Section 4. The City Council hereby approves the Management District Plan on file in the Office of the City Clerk. The City Clerk shall make the Management District Plan and other documents related to the renewal of the VTVTBID available to the public for review during normal business hours, Monday through Friday, 8:00 a.m. — 5:00 p.m.
Section 5. The proposed activities for the renewed VTVTBID include tourism promotions and marketing programs that specifically and specially benefit the Lodging Businesses within the VTVTBID by increasing tourism and marketing the Temecula Valley as a tourism destination. A portion of the assessments each year will be used to pay for administrative expenses of the City.
Section 6. Except where funds are otherwise available, the City proposes to annually levy an assessment on all Lodging Businesses within the VTVTBID boundaries based upon 4% of the rent charged by the operator per occupied room per night to pay for activities within the VTVTBID. Extended stays, defined as stays of more than 30 consecutive calendar days, and those exempt persons as defined in Temecula Municipal Code Section 3.20.040 will be exempt from the VTVTBID assessment. New lodging businesses established within the boundaries of the VTVTBID after the beginning of any fiscal year will not be exempt from the levy of assessment for that fiscal year. Assessments pursuant to the VTVTBID shall not be included in gross room rental revenue for purpose of determining the amount of the transient occupancy tax imposed pursuant to Chapter 3.20 of the Temecula Municipal Code.
Section 7. The annual assessment described in Section 6 may be levied for a term of five fiscal years, commencing with the fiscal year beginning on January 1, 2025 and ending on December 31, 2029, after which term the City may again renew the assessment pursuant to Section 36600 of the Law. For purposes of levying and collecting assessments within the renewed VTVTBID, a fiscal year shall commence on January I" and end on the following N
December 31" ; provided that the City Council may, by resolution, designate the fiscal year as July Pt to June 301h of the following year, or any other fiscal year, subject to all applicable requirements of the Law.
Section 8. The amount of the annual assessment proposed to be levied in year one is anticipated to total approximately $2,480,000. This amount is expected to fluctuate over the remaining four years of the five-year term of the assessment for the renewed VTVTBID in accordance with occupancy rates and rents charged by the operators of the Lodging Businesses within the VTVTBID, but the amount is not anticipated to be significantly different each year. The City shall not issue bonds in connection with the renewed VTVTBID.
Section 9. The City will collect the assessments from Lodging Businesses within the boundaries of the VTVTBID in monthly installments or such other installments as determined pursuant to resolution of the City Council. The funds collected will be distributed to the VTVTBID. Funds remaining at the end of any year may be used in subsequent years in which VTVTBID assessments are levied as long as they are used consistent with the requirements of this Resolution.
Section 10. The time and place for the public meeting for comments on the proposed renewal of the VTVTBID and the levy of the assessments is set for October 22, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California.
Section 11. The time and place for the public hearing to consider renewing the VTVTBID and levying assessments is set for November 12, 2024, at 6:00 p.m., or as soon thereafter as the matter may be heard, at the City of Temecula, City Council Chambers, 41000 Main Street, Temecula, California.
Section 12. At the public hearing a protest may be made orally or in writing by any interested person. Every written protest shall be filed with the City Clerk at or before the time fixed for the public hearing. Written protests may be mailed to the City Clerk, City of Temecula, 41000 Main Street, Temecula, California 92590. The City Council may waive any irregularity in the form or content of any written protest. A written protest may be withdrawn in writing at any time before the conclusion of the public hearing. Each written protest shall contain a description of the business in which the person subscribing the protest is interested sufficient to identify the business and, if a person subscribing is not shown on the official records of the City as the owner of the business, the protest shall contain or be accompanied by written evidence that the person subscribing is the owner of the business or the authorized representative. A written protest that does not comply with these requirements shall not be counted in determining a majority protest. If written protests are received from the owners or authorized representatives of businesses in the proposed renewed VTVTBID that will pay 50 percent or more of the assessments proposed to be levied and protests are not withdrawn so as to reduce the protests to less than 50 percent, no further proceedings to levy the proposed assessment against such businesses, as contained in this Resolution, shall be taken for a period of one year from the date of the finding of a majority protest by the City Council.
Section 13. Further information regarding the proposed renewal of the VTVTBID may be obtained from the City Clerk, City of Temecula, 41000 Main Street, Temecula, California, 92590.
Section 14. The City Clerk is instructed to provide mailed joint notice of the public meeting and public hearing to the Lodging Businesses in accordance with Section 36623 of the Law.
Section 15. This Resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify to the vote adopting this Resolution.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24t" day of September, 2024.
James Stewart, Mayor
ATT
R di J , 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. 2024-64 was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of September, 2024, by the following vote:
AYES: 4 COUNCIL MEMBERS: Alexander, Kalfus, Schwank, Stewart NOES: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
Randi Johl, City Clerk
5 EXHIBIT A
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6 Item No. 23
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Matt Peters, Interim Director of Community Development DATE: November 12, 2024
SUBJECT: Introduce Ordinance Amending Title 8 of the Temecula Municipal Code Regarding Hazardous Vegetation
PREPARED BY: Brandon Rabidou, Principal Management Analyst RECOMMENDATION: That the City Council introduce an ordinance entitled:
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING TITLE 8 OF THE TEMECULA
MUNICIPAL CODE REGARDING HAZARDOUS
VEGETATION, AND MAKE A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) SECTION 15061 (13)(3) (LR23-0105)
SUMMARY OF
ORDINANCE: The proposed ordinance makes amendments to Title 8 (Health and Safety) of the Temecula Municipal Code. Most of the amendments are related to Chapter 8.16 (Hazardous Vegetation) which is directly related to the City's weed abatement program. Proposed changes include the addition of a graphic to communicate requirements, simplified language, and improved noticing. An additional amendment to Chapter 8.12 (Nuisances) is included to further clarify the City's ability to recoup costs through liens, assessments, or civil action(s).
BACKGROUND: The City's hazardous vegetation ordinance was originally updated in 1991 and revised in 1998. Since 1998, various state laws have changed which require the ordinance to be updated. While updating the ordinance for these minor changes, staff took the opportunity to simplify the ordinance with a visual graphic, plain language, and improved public notification. These improvements should improve the administration of the weed abatement program and help the public better understand their responsibilities for mitigating hazardous vegetation.
FISCAL IMPACT: The updated ordinance may have negligible positive fiscal impacts if the ordinance results in improved voluntarily compliance or timely payment of weed abatement costs.
ATTACHMENTS: 1. Ordinance
2. Notice of Public Hearing
3. Notice of Exemption
ORDINANCE NO.2024-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING TITLE 8 OF THE TEMECULA
MUNICIPAL CODE REGARDING HAZARDOUS
VEGETATION, AND MAKE A FINDING OF EXEMPTION
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) SECTION 15061 (B)(3) (LR23-0105)
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Subsection E of Section 8.12.140 (Nuisances —Recovery of abatement expenses) of Chapter 8.12 (Nuisances) of Title 8 (Health and Safety) of the Temecula Municipal Code is hereby amended to read as follows:
"E. Money due to the city pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment or lien proceedings against the parcel of land upon which the nuisance existed as prescribed in this Code." Section 2. Chapter 8.16 (Hazardous Vegetation) of Title 8 (Health and Safety) is hereby amended in its entirety to read as follows:
"Chapter 8.16 Hazardous Vegetation
§ 8.16.010 Definitions.
§ 8.16.020 Duty to abate hazardous vegetation and fuel and exceptions. § 8.16.030 Fire hazard abatement measures.
§ 8.16.040 Enforcement of chapter by City Manager or designee. § 8.16.050 Notice to remove and abate.
§ 8.16.060 Appeal of abatement notice.
§ 8.16.070 Removal of combustible material by city.
§ 8.16.080 Payment for removal —Recovering costs of abatement. § 8.16.090 Demand for payment and notice of nuisance abatement lien, special assessment or civil debt.
§ 8.16.100 City council action following abatement cost hearing. § 8.16.110 Nuisance abatement liens.
§ 8.16.120 Special assessments.
§ 8.16.130 Procedure for refund of payment.
§ 8.16.140 Enforcement —Violation —Penalties.
§ 8.16.150 Legal action and attorneys' fees.
§ 8.16.160 Effective Date of Ordinance.
8.16.010 Definitions.
For purposes of this chapter, the following terms shall have the meanings set forth below:
"Appeals board" means that body designated by the City Manager pursuant to this chapter.
The officer issuing the order to abate may not sit on the appeals board. The appeals board shall hear any and all appeals regarding the determination by the city that hazardous vegetation or combustible material exists on any land or parcel of real property in the city. "Combustible material" means a material that, in the form in which it is used and under the conditions anticipated, will ignite, burn, support combustion or release flammable vapors when subjected to fire or heat. Rubbish, litter, wood, paper, rubber, plastics, hazardous vegetation are examples of combustible materials. Combustible material also means any organic material that is capable of burning, either by fire or through oxidation. "Defensible space" means the buffer that landowners are required to create on their property between a structure and the plants, brush, trees, and other combustible material surrounding the structure that could ignite in the event of a fire. "Discing" means to remove weeds and flammable vegetation with an implement such as a harrow or plow that turns and loosens the soil with a series of disks. "Fuel" means any petroleum -based products (such as tires), cultivated landscape plants, grasses, weeds, and wildland vegetation.
"Hazardous vegetation" means all dry grass, stubble, Russian thistle (tumbleweeds), brush, weeds, rank grow, sagebrush, chaparral, or other vegetation which constitutes a fire hazard.
Hazardous vegetation shall also mean weeds which when mature bear wingy or downy seeds, which will attain such a large growth as to become a fire menace when dry, or which are otherwise noxious or dangerous.
"Hazard reduction office" means that physical location where the notice to remove and abate is generated.
"Hazard reduction officer" means the designee of the City Manager vested with the authority to enforce this chapter.
"Improved parcel" means a portion of land identified by an assessor's parcel number upon which a structure is located.
"Structure" means any dwelling, house, building or other type of construction that is designed or intended for support, enclosure, shelter or protection of persons, animals, or property, having a permanent roof that is supported by walls or posts that connect to, or rest on the ground.
Structure does not include structures that are less than one hundred -twenty (120) square feet in size and not used for human habitation.
8.16.020 Duty to abate hazardous vegetation and fuel and exceptions A. It shall be the duty of every owner or person in control of any real property or interest therein to abate therefrom, and from all sidewalks, privately maintained roads, and parkways, except for those roads accepted into the city maintained system (publicly maintained roads), all N
hazardous vegetation and combustible materials that constitutes a fire hazard which may endanger or damage neighboring property, or which may otherwise endanger the public health, safety and welfare within the city. Failure to comply with the requirements of this section constitutes a public nuisance. The procedures for abatement set forth herein are not exclusive, but are in addition to other procedures set forth in the Municipal Code for the abatement of nuisances. Abatement is required throughout the calendar year.
B. All improved parcels shall comply with the following requirements:
1. Maintain defensible space of one hundred (100) feet from each side and from the front and rear of each structure on the parcel, except for areas that must be avoided as required by erosion control measures, sensitive habitat or any other local, state or federal law. The requirement to maintain defensible space shall not extend beyond the property line. Defensible space shall be maintained in accordance with the requirements of Chapter 49 of the California Fire Code, Title 24, Part 9 of the California Code of Regulations and Title 14, Chapter 7, Division 1.5, Section 1299.03 of the California Code of Regulations, Title 19, Chapter 1, Division 1, Section 3.07 of the California Code of Regulations, as the same may be amended. In the event any of these provisions conflict with the requirements in this Section, the more stringent requirement shall prevail.
2. Fuels shall be maintained in a condition so that a wildfire burning under average weather conditions would be unlikely to ignite the structure. The amount of fuel modification necessary may take into account the flammability of any structure on a parcel as affected by building material, building standards, location and type of vegetation.
3. Remove that portion of any tree which extends within 10 feet of the outlet of any chimney or stovepipe.
4. Cut and remove all dead or dying portions of trees located adjacent to or overhanging any building.
5. Maintain the roof of any structure free of leaves, needles, or other dead vegetative growth.
6. Provide and maintain at all times a screen over the outlet of every chimney or stovepipe that is attached to any fireplace, stove, or other device that burns any solid or liquid fuel.
The screen shall be constructed of nonflammable material with openings of not more than'/2 inch in size.
7. No combustible material shall be placed or stored within ten (10) feet of any building or structure.
C. In the case of any parcel or contiguous parcels of real property under the same ownership consisting of five or less acres upon which hazardous vegetation, combustible materials or fuels
exist which may constitute a fire hazard, remove hazardous vegetation, combustible materials or fuels by discing or mowing the entire acreage. (See Table 1) D. Where the acreage consists of more than five contiguous acres, maintain a one hundred (100) foot wide strip of land at the boundaries of such real property, and through such land so that there shall not be any portion of the real property larger than two and one-half acres which is not enclosed by itself within such a strip, which shall be a fire break. The city fire chief may, at their sole discretion, require firebreaks exceeding this one hundred (100) foot width or discing on parcels larger than five -acres if larger breaks or discing is necessary for the protection of the public safety and welfare. (See Table 1; Figure 1)
Table 1
Abatement Requirements Based on Parcel(s) Size
Size of
Less Than Five (5) Acres
More Than Five (5) Acres
Property/Properties
Parcel or contiguous parcels of
Parcel or contiguous parcels of
real property under same
real property under same
ownership consisting of less than
ownership consisting of more
five (5) acres
than five (5) acres
Abatement
All areas shall be disced or
An area of at least one hundred
Requirements
mowed except for areas required
feet (100') from the property
by erosion control plans,
line(s) (front, rear, side, and
sensitive habitat, or other local,
corner) shall be disced or
state, or federal regulatory
mowed, except for areas required
requirements.
by erosion control plans,
sensitive habitat, or other
regulatory requirements, or an
area that exists beyond the
property line. Additionally, large
parcels shall have a one -hundred -
foot break (100') that reduces
unabated portions of parcels
down to 2.5-acre sections, or
less. Additional discing or
mowing may be required by the
City Fire Chief.
Figure 1
Property Line
Legend 2.5 Acre Sections — — —
Defensihle Areas
Structures
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I I �
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I I I
I I I
I I I
I I I
1 Q1} 41100 � 4100 � .41 00 � 4100
Feet Feet Feet Feet poet
I I I
I I I
100' From I I
Structures I I
I I I
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Example: 10 Acre Parcel
5 E. The requirements set forth in this subsection shall not apply to the following areas:
1. Areas subject to erosion control plans
2. Areas of sensitive habitat
3. Areas protected by other regulatory requirements
4. Areas that exist beyond the property line.
F. Where the parcel is improved or terrain is such that it cannot be disced or mowed, the city fire chief or other designee of the City Manager may require or authorize that other means of removal be used, and that specific standards be met as set forth in this code, Public Resources Code or other recognized fire codes.
8.16.030 Fire hazard abatement measures.
A. Notwithstanding any other ordinance or resolution of the city to the contrary, any person or entity that is an owner of property in the city shall clear and abate hazardous vegetation, combustible materials, or fuels for fire protection purposes on the owner's property, unless such vegetation or landscaping is required by condition of a land use entitlement, such as a tentative tract map or development plan. Hazardous vegetation, combustible material or fuel abatement measures may include, but are not limited to, disking, scraping, grubbing, mowing or other methods of clearing to bare ground. No measure or method which is dangerous or hazardous to human health or safety shall be utilized, nor shall any activity which is contrary to any state or federal law be permitted.
B. Brush, fuel and other fire hazard abatement measures as provided in subsection A of this section shall be taken within one hundred feet of any structure but shall not extend beyond the property line.
8.16.040 Enforcement of chapter by City Manager or designee.
For purposes of enforcing the provisions of this chapter, the City Manager may designate any person or persons as his/her deputy in the performance of the duties vested upon the city fire chief by the provisions of this chapter.
8.16.050 Notice to remove and abate.
A. It shall be the duty of the city fire chief, or designee of the chief, whenever such officer deems it necessary to enforce the provisions of Sections 8.16.020 and 8.16.030 hereof, to issue a notice to remove and abate by either of the following methods:
1. By mailing the notice by first class mail to the owner of such real property as shown on the last equalized tax rolls and by personal service thereon; or
2. By mailing the notice by first class mail to the owner as shown on the last equalized tax rolls and by posting the real property; or
3. By mailing the notice by certified mail, return receipt requested, to the owner as shown on the last equalized tax rolls and to the property address where the hazardous vegetation or combustible materials exist.
B. The notice to remove shall be in substantially the form set forth below:
NOTICE TO REMOVE AND ABATE
Date:
What is this Notice about?
The Temecula Municipal Code (Chapter 8.16) requires you to abate your property listed below.
Abatement requires you to remove combustible materials that may be flammable such as weeds, abandoned tires, dry grass, and other similar flammable materials. This letter serves as notification for the required abatement.
What property is this for?
Property Legal Description:
This description was taken from the Riverside County Assessor's records. Owner, parcel, and address information is listed below:
Property Owner:
Assessor's Parcel Number:
Address:
What do I have to do and by when?
You have thirty (30) calendar days to remove said combustible materials.
What options do I have to abate my property?
Self -Abatement
You complete the work yourself or you may
hire a licensed and insured contractor to
complete this work.
This may be the cheapest option.
Voluntary City Abatement
You (owner/occupier) may grant the City
(and employees, agents, or contractors)
permission to enter your property to remove
and abate combustible materials.
The City will charge all costs of the
abatement to you and these costs must be
paid to the City. If you do not pay the costs
and charges, they will be recorded as a
nuisance abatement lien against your
property, placed on your property tax bill (as
a special assessment and lien), or pursued as a
civil debt owed to the City pursuant to
Temecula Municipal Code Section 3.04.080
(Temecula Municipal Code Section 8.16.080).
If you would like the City to abate your
property you must contact Code Enforcement
at 951-302-4144 to request abatement. If we
do not hear from you in thirty (30) calendar
days, the voluntary abatement option will
automatically be rejected.
Mandatory City Abatement
If combustible materials are not removed, or
voluntary City abatement is not requested
within thirty (30) days from this Notice, the
City Fire Chief (or other designee) may order
abatement by public employees, private
contractors, or other persons.
All costs for abatement will be levied
against the property or billed directly to
the property owner. In addition, you may
be issued an administrative citation for
violating the Municipal Code.
This may be the most expensive option.
You may appeal this order, and the existence of any hazardous vegetation or other combustible material, by presenting a written appeal to the Hazardous Reduction Office, [address] within fifteen (15) calendar days of the date of this Notice to Abate. The Hazard Reduction Officer shall set the appeal for hearing before the Appeals Board, and shall notify the Applicant, in writing, of the hearing date at least twenty (20) calendar days before the hearing.
Name of Issuing Officer
Title of Issuing Officer
8.16.060 Appeal of abatement notice.
A. Appeals Procedure. Any person who is adversely affected by the determination contained in the notice set forth in Section 8.16.050 may appeal to the appeals board within fifteen (15) calendar days of the postmark on the notice to remove and abate by filing a written appeal to the Hazard Reduction Office. An appeal, timely filed and in proper form, shall stay any further action for removal or abatement until the date set for hearing. The Hazard Reduction Office shall set the 8 matter for hearing before the appeals board and shall notify the person appealing by mail of the date set for such hearing, at least twenty (20) calendar days prior to the hearing date. The person appealing shall have the right to appear in person, or by an agent, designated in writing, at the hearing, and present oral, written and/or photographic evidence. The appeals board shall decide the appeal and shall issue its decision, which shall be in writing.
B. Appeals Board. The appeals board is established with the membership as set forth in Section 8.16.010. Members shall serve at the pleasure of the City Manager.
8.16.070 Removal of combustible material by city.
A. Voluntary Removal by City or its Contractor. Upon receiving a notice set forth in Section
8.16.050, the owner or possessor of the property may grant the City and its employees, agents and/or contractors, permission to enter upon the property to remove and abate the hazardous vegetation or combustible material from the property within thirty (30) calendar days of the postmark of the notice. Upon completion of the removal and abatement of the hazardous vegetation or combustible material, the City shall recover from the property owner the full costs, including administrative and legal costs, of abating the hazardous vegetation or combustible material in accordance with the procedures set forth in this chapter.
B. Involuntary Removal by City or its Contractor. If, at the end of the time allowed for compliance in the original notice, or as extended in cases of appeal, or as specified by the appeals board, the property owner does not grant the City permission to enter the property pursuant to Section 8.16.070(A) or compliance has not otherwise been accomplished, the officer issuing the notice or the agency of which he is an officer may order the hazardous vegetation or combustible material to be removed by public officers or by employees of said agency, or may cause the removal to be carried out by a private contractor selected by the city in accordance with applicable statutes and in the manner and under the terms specified by the city council. The cost of such removal accompanied by a reasonable administrative charge may be recovered as set forth in Section 8.16.080.
8.16.080 Payment for removal —Recovering costs of abatement.
A. The city shall recover from the property owner the full costs, including administrative and legal costs, of abating hazardous vegetation or combustible material from any property. The City may recover the costs of abatement by any of the following methods:
1. Nuisance Abatement Lien. The city may record the costs of abatement as a nuisance abatement lien on the property pursuant to the procedures set forth in Sections 8.16.090 and
8.16.110.
2. Special Assessment. The city may impose the costs of abatement as a special assessment lien upon the property pursuant to the procedures set forth in this Sections 8.16.090 and 8.16.120. 01 3. Civil Collection Action. The city may recover the costs of abatement pursuant to the procedures provided in Municipal Code section 3.04.080.
B. Such costs shall be limited to the actual costs incurred by the city in enforcing abatement upon the parcels, including, but not limited to, payment to the contractor, costs of inspection and investigation, notice, boundary determination, measurement, clerical, personnel, consultant, recording or filing the costs with the County, as may be required, and an administrative cost to be set by resolution adopted by the city council on those parcels where such hazardous vegetation or combustible material has not been removed by the property owner at his or her own expense.
8.16.090 Demand for payment and notice of nuisance abatement lien, special assessment or civil debt.
A. After the City has completed abatement pursuant to Section 8.16.070, the City Manager, or his designee, shall file a report stating the abatement costs, plus the reasonable administrative charge, with the City Clerk.
B. The City shall send, by certified U.S. mail, return receipt requested, a "Demand for Payment and Notice of Nuisance Abatement Lien/Special Assessment/Civil Debt" (as applicable) to the owner of record as shown on the last equalized tax roll that sets forth all abatement costs owed to the City. The "Demand for Payment and Notice of Nuisance Abatement Lien/Special Assessment/Civil Debt" shall also be posted at a conspicuous place on the property.
C. The City Clerk shall set the report for public hearing before the City Council at a regular City Council meeting that will be held at least 45 days after the postmark on the "Demand for Payment and Notice of Nuisance Abatement Lien/Special Assessment/Civil Debt".
D. The "Demand for Payment and Notice of Nuisance Abatement Lien/Special Assessment/Civil Debt" shall require that the owner remit payment to the City within forty-five (45) days of the Demand for Payment, and shall be in substantially the following form:
"[Date]
DEMAND FOR PAYMENT AND NOTICE OF [NUISANCE ABATEMENT LIEN / SPECIAL ASSESSMENT / CIVIL DEBT] FOR ABATEMENT COSTS
TO: APN / Address
RE: Collection of Abatement Costs
NOTICE IS HEREBY GIVEN that the cost of abating hazardous vegetation or other combustible material is hereby being billed directly to the property owner for collection by the City.
10 The total amount owed to the City is $
This amount is due and payable to the City of Temecula on or before: [45 Days from Date of Demand for Payment].
The amount includes administrative overhead costs of $
Itemized contractor invoiced
costs
Administrative overhead
Total due & payable to the City
NOTICE IS FURTHER GIVEN that should you fail to timely remit payment to the City, any unpaid amounts shall be placed on a delinquent account list and submitted to the Temecula City Council for consideration and action at a public hearing to be held on [TIME & DATE] at Temecula City Hall, 41000 Main Street, Temecula, California 92590. At said hearing, the City Council will hear any objections or protests from property owners who have not paid the total amount specified above. If you wish to object to this bill, you must appear before the City Council at the public hearing.
NOTICE IS FURTHER GIVEN that at the conclusion of the hearing, the City Council shall confirm delinquent charges as a [nuisance abatement lien against the subject property / special assessment and lien against the subject property / civil debt owed to the City] until said amount is paid in full. Note that if the delinquent charges are confirmed as a special assessment and lien against the property and, after three (3) years, the assessment remains unpaid, the property subject to this notice may be sold by the tax collector. Payment should be submitted to the City of Temecula, 41000 Main Street, Temecula, California 92590, Attention: " E. At the hearing, the City Council shall hear any objections or protests by persons who may be liable for the costs of abatement. The Council shall add related administrative charges and make such revisions or corrections to the report as it deems justified.
8.16.100 City council action following abatement cost hearing.
At the conclusion of the public hearing described in Section 8.16.090, the city council shall do one of the following:
A. Confirm the costs of the abatement by resolution and order the costs to be recorded as a nuisance abatement lien or special assessment on the property, or recorded as a civil debt owed to the City pursuant to Municipal Code Section 3.04.080;
IF
B. Modify the costs of the abatement by resolution and order this new figure to be recorded as nuisance abatement lien or special assessment on the property, or recorded as a civil debt owed to the City pursuant to Municipal Code Section 3.04.080; or C. Cancel all or any portion of any such lien, special assessment, debt, penalty or costs heretofore entered, and shall order that the same be canceled by the City or county auditor - controller, as applicable, if uncollected, or, except in the case provided for in subsection (C)(5) of this section, refunded by the City or county treasurer -tax collector, as applicable, if collected, if the charges were charged or paid:
More than once;
2. Through clerical error;
3. Through the error or mistake of the appeals board, or of the officer, board or commission designed by them to give notice, in respect to any material fact, including the case where the cost report rendered and confirmed, as hereinbefore provided, shows the City abated the hazardous vegetation or combustible material but such is not the actual fact;
4. Illegally; or
5. On property acquired after the lien date by the state or by any county, city, school district, special district or other political subdivision, and because of this public ownership, is not subject to sale for delinquent taxes.
8.16.110 Nuisance abatement liens.
If the City Council orders the costs of abatement as a nuisance abatement lien against the property, the City Clerk shall prepare and file with the County Recorder a certified copy of the City Council resolution. The County Recorder shall record a lien against the property pursuant to the resolution.
The lien shall specify the City, on whose behalf the lien is imposed, the amount of the lien, the date of the abatement order, the street address, legal description and assessor's parcel number of the parcel on which the lien is imposed, and the name and address of the recorded owner of the parcel.
8.16.120 Special assessments.
If the City Council orders the costs of abatement be filed as a special assessment against the property, the following shall apply:
A. The City Clerk shall prepare and file with the County Auditor a certified copy of the City Council resolution adopted pursuant to Section 8.16.100. 12 B. The County Auditor shall enter each assessment in the county tax roll opposite the subject parcel of land. The assessment may be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedures and sale, in case of delinquency, as municipal taxes.
C. In accordance with Section 38773.5 of the California Government Code, all laws applicable to the levy, collection, and enforcement of the municipal taxes shall be applicable to the special assessment.
8.16.130 Procedure for refund of payment.
No order for refund shall be made except on a written claim:
A. Verified by the person who paid the special assessment, his guardian, executor or administrator; and
B. Filed within one year after making the payment sought to be refunded.
8.16.140 Enforcement —Violation —Penalties.
It shall be unlawful, subject to punishment in accordance with Chapter 1.20, 1.21, or 1.24 and in accordance with Section 8.12.180, for any person —natural or corporate —owning, possessing, occupying or controlling any lands or premises subject to the provisions of this chapter to fail to perform the duty set forth in Sections 8.16.020 or 8.16.030 of this chapter, or to fail to comply with the requirements in the notice to remove and abate as specified in Section 8.16.050 of this chapter or to interfere with the performance of the duties herein specified for any of the officers designated in this chapter or their deputies, or to refuse to allow any such officer or their deputies or employees, or approved private contractors, to enter upon any premises for the purpose of inspecting and/or removing any combustible material hereinbefore described, or to interfere in any manner whatsoever with said officers or contractors in the work of inspections and removal herein provided. Such penalties are in addition to any civil or equitable remedies available to the city to enforce the provisions of this chapter.
8.16.150 Legal action and attorneys' fees.
In addition to the remedies set forth in this Chapter, the City Council may bring legal action in a court of competent jurisdiction for the recovery of any monies expended by it in order to enforce the provisions of this Chapter. In any such legal action, the prevailing party shall be entitled to recover the cost of such action, including, but not limited to, reasonable attorneys' fees and costs.
An award of attorneys' fees to a prevailing party shall not exceed the amount of reasonable attorneys' fees incurred in the action or proceeding.
13 8.16.160 Effective Date of Ordinance.
This ordinance shall be effective as of 12:01 a.m. on January 1, 2025." Section 3. Environmental Findings. The City Council hereby finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") pursuant to Title 14 of the California Code of Regulations, CEQA Guidelines Section 15308 because the Code Amendments impose regulations to assure the maintenance and protection of the environment from wildfires and other environmental hazards. The Ordinance is further exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility that the adoption of the Ordinance will have a significant effect on the environment as the Ordinance clarifies fire hazard prevention measures, abatement options, and the mechanisms for the City to recoup any costs it incurs abating the fire hazard.
Section 4. Severability. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation.
Section 5. Certification. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same or a summary thereof to be published and posted in the manner required by law.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 12t' day of November, 2024.
ATTEST:
Randi Johl, City Clerk
[SEAL]
James Stewart, Mayor
14 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. 2024- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 12th day of November, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Randi Johl, City Clerk
15 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.: Long Range Project No. LR23-0105
Applicant: City of Temecula
Location: Citywide
Proposal: Adopt an ordinance of the City Council of the City of Temecula amending Title 8 of the Temecula Municipal Code regarding hazardous vegetation.
Environmental Action: In accordance with the California Environmental Quality Act ("CEQA"), the proposed ordinance is exempt from further environmental review and a Notice of Exemption will be adopted in compliance with CEQA (Section 15061(b)(3)).
PLACE OF HEARING: 41000 Main St., Temecula, CA 92590
City of Temecula, Council Chambers
DATE OF HEARING: November 12, 2024
TIME OF HEARING: 6:00 PM
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 draft ordinance may be viewed at the public information counter, Temecula Civic Center, Community Services 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 Brandon Rabidou, City of Temecula Community Development Department, (951) 506-5142.
City of Temecula
Community Development
41000 Main Street • Temecula, CA 92590
Phone (951 ) 694-6400 • TemeculaCA.gov
VIA -ELECTRONIC SUBMITTAL
[email protected]
November 12, 2024
Supervising Legal Certification Clerk
County of Riverside
P.O. Box 751
Riverside, CA 92501-0751
SUBJECT: Filing of a Notice of Exemption for Long Range Project Number LR23-0105, an update to Tile 8 of the Temecula Municipal Code
Dear Sir/Madam:
Enclosed is the Notice of Exemption for the above referenced project. In addition, pursuant to Assembly Bill 3158 (Chapter 1706) the Applicant will pay for the County Administrative fee to enable the City to file the Notice of Exemption required under Public Resources Code Section 21152 and 14 California Code Regulations 1507. The payment of the $50.00 filing fee is under protest. It is the opinion of the City that the administrative fee has been increased in a manner inconsistent with the provisions of State Law. Under Public Resources Code Section 21152 and 14 California Code Regulations 1507, the County is entitled to receive a $25.00 filing fee.
Also, please email a stamped copy of the Notice of Exemption within five working days after the 30-day posting to the email listed below.
If you have any questions regarding this matter, please contact Brandon Rabidou at email:
[email protected].
Sincerely,
Matt Peters
Interim Director of Community Development
Enclosures: Notice of Exemption Form
Electronic Payment - Filing Fee Receipt
City of Temecula
Community Development
Planning Division
Notice of Exemption
TO: County Clerk and Recorders Office FROM: Planning Division County of Riverside City of Temecula
P.O. Box 751 41000 Main Street
Riverside, CA 92501-0751 Temecula, CA 92590
Project Title: Long Range Project Number LR23-0105 Title 8 Municipal Code Update Description of Project: An Ordinance of the City Council of the City of Temecula amending Title 8 of the Temecula Municipal Code regarding hazardous vegetation, and make a finding of exemption under the California Environmental Quality Act (CEQA) Section 15061 (b)(3) (LR23-0105) Project Location: Citywide
Applicant/Proponent: City of Temecula
The City Council approved the above -described project on November 12, 2024, and found that the project is exempt from the provisions of the California Environmental Quality Act, as amended.
Exempt Status: (check one)
❑Ministerial (Section 21080(b)(1); Section 15268); ❑ Statutory Exemptions (Section Number: ) ❑ Declared Emergency (Section 21080(b)(3); Section ® Categorical Exemption: (Section 15061(b)(3)) 15269(a)); ❑ Other: Section 15162 Categorical Exemption ❑Emergency Project (Section 21080(b)(4); Section
15269(b)(c));
Statement of Reasons Supporting the Finding that the Project is Exempt: Pursuant to Section 15061(b)(3) of the CEQA Guidelines as it can be seen with certainty that there is no possibility that the adoption of the Ordinance will have a significant effect on the environment as the Ordinance clarifies fire hazard prevention measures, abatement options, and the mechanisms for the City to recoup any costs it incurs abating the fire hazard.
Contact Person/Title: Brandon Rabidou, Principal Management Analyst Signature:
Matt Peters,
Interim Director of Community Development
Date received for filing at the County Clerk and Recorders Office:
Telephone Number (951) 506-5142
Date:
Item No. 24
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Jennifer Hennessy, Director of Finance
DATE: November 12, 2024
SUBJECT: Receive and File Assembly Bill 1600 Financial Reports — Fiscal Year 2023-24 Development Impact Fee Expenditures
PREPARED BY: Paula Majors, Fiscal Services Manager
RECOMMENDATION: That the City Council conduct a public hearing and receive and file Assembly Bill 1600 Financial Reports — Development Impact Fee Expenditures.
BACKGROUND: Government Code Sections 66006 requires that an accounting of the Development Impact Fees be made public, and the information reviewed in a regularly scheduled public hearing. The Legislature finds and declares that the timely and proper allocation of development fees promotes economic growth and is, therefore, a matter of statewide interest and concern.
Annually, the City Finance Department staff compiles a report of expenditures made with the Development Impact Fees collected and interest accrued during the year. Staff has compiled the AB 1600 Report for this purpose and recommends acceptance and approval of the report of expenditures made with the Development Impact Fees after hearing public testimony.
FISCAL IMPACT: Monies must be used within five years for specified purposes or returned to the developer. All funds are programmed to be spent in accordance with the Fiscal Years 2025-2029 Capital Improvement Program adopted May 28, 2024, by the City Council.
ATTACHMENTS: 1. Summary of Development Impact Fees
2. AB 1600 Financial Reports
3. Notice of Public Hearing
City of Temecula
Summary of Development Impact Fees
Fiscal Year 2023-24
Development
Impact Fee
Beginning
Fund Balance
Fees Interest FY23-24 Ending Fund
Collected Earned Expenditures Balance
Capital Improvement Projects
FY23-24
Expenditure
s
% Complete
% Funded
with DIFs
Open Space Land
$962,782
$31,739 $37,652 $0 $1,032,174
CD18-01/ 703 - Bike Lane and Trail Program
$0
18.8%
3.3%
Acquisition
PWNT-25/ 785 - Nicolas Road Multi -Use Trail
$0
0.0%
20.0%
Trails
$0
4.6%
6.2%
PW08-04/ 739 Santa Gertrudis Creek
Pedestrian/Bicycle Trail Extension
$0
98.1 %
5.3%
Street Improvements
$2,995,724
$1,881,466 $195,462 $671,061 $5,743,714
PW23-02/ 534 - Ynez Road Improvements - Ph 1
0 11.7%
1.3%
PW17-17/ 535 - Ynez Road Improvements - Ph
II
$0
7.2%
7.2%
PWMP-09/ 622 - Medians & Parkways
$0
74.5%
100.0%
PW16-05/ 648 - Murrieta Creek Bridge at
Overland"
($829,427)
6.7%
20.9%
PW20-11/ 783 - Overland Drive Widening
$102,817
12.4%
100.0%
PW23-04/ 791 - Rancho California Road
Medians
$21,823
1.3%
64.0%
PW23-01/ 797 - De Portola Rd/Jedediah Smith
Rd Roundabout
$33,726
3.0%
44.8%
Traffic Signals & Traffic
Control Systems
Park & Recreation
Improvements
Corporate Facilities
Fire Protection Facilities
Library
Police Facilities
$0 $274,086 $10,293 ($21,957) $262,422 PWTE-19/ 680 -Traffic Signal Equipment Enh PWTS-06/ 682 - Traffic Signal Installation
PW23-13 -Traffic Signal- Safety Lights and
Signal Communications Upgrade- Citywide
$2,421,245 $957,727 $127,142 $0
$221,673 $254,984 $19,136 ($31,594)
$81,110
$57,115
$9,069
($102,210)
$1,714,182
$237,139
$73,755
$0
$8,065
$216,136
$8,364
$0
$3,506,115
PW17-21/ 692 - Margarita Rec Center
PW19-07/ 730 - CRC Renovations
PW21-03/ 787 - Pickleball Courts
PW22-05/ 793 - Bike Lane & Trail - RRSP Trails
PW20-15/ 204 - Urban Forest Management Plan
$464,198
PW17-01/ 711 -City Security Camera System
IT20-01/ 780 - Old Town Security Camera &
Sound System
$45,084
PW19-13/ 697 - Fire Station 73 Gym/Garage
PW19-14/ 687 - Fire Station 84 Renovation
$2,025,077
IT24-02 - Library Alternate Emergency
Operations Center Enhancements
Library Technology Enhancements
$232,565
PW17-21/ 692 - Margarita Rec Center
PW17-01/ 711 - City Security Camera System
$21,957
41.8%
15.4%
$0
64.5%
59.2%
$0
2.8%
18.3%
$0
96.5%
4.8%
$0
41.0%
14.7%
$0
24.2%
40.7%
$0
4.6%
44.3%
$0
92.1 %
13.9%
$0
82.1 %
16.7%
$31,594
88.8%
47.6%
$102,210
16.2%
4.9%
$0
19.9%
21.5%
$0
0.0%
100.0%
$0
0.0%
100.0%
$0
96.5%
1.1 %
$0
82.1 %
25.0%
City of Temecula
OPEN SPACE LAND ACQUISITIONS
Government Code 66000 Calculation
Fiscal Year 2023-24
The impact fees for Open Space Land Acquisitions are based on the cost of land needed to maintain the City's existing ratio of open space acreage to population. Because these fees are population driven, they apply only to residential development. The fee is $973.29 per residential attached unit (condominium, apartment, townhouse, and duplex), and $1,358.50 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index.
Account Description
Beginning
Fund Balance
Fiscal Year
2023-24
Ending
Fund Balance
Revenues & Other Sources:
Developer Fees
Interest Income
$31,739
$37,652
Total Sources
$69,391
Expenditures & Other Uses:
Capital Projects
Total Uses
Total Available
1 $962,782
1 $69,391
1 $1,032,174
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance
June 30, 2024
Revenues Remaining from FY2019-20
Revenues Remaining from FY2020-21
Revenues Remaining from FY2021-22
$94,551
Revenues Remaining from FY2022-23
$868,232
Revenues Remaining from FY2023-24
$69,391
Total Ending Fund Balance
$1,032,174
Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures
Capital Improvement Projects
Total Project
Budget
FY23-24 DIF
Expenditure
% of Project
Complete
% Funded
With DIF
CD18-01/ 703 - Bike Lane and Trail Program
$2,209,748
18.83%
3.27%
PWNT-25/ 785 - Nicolas Road Multi -Use Trail Ext.
$1,500,000
0.0%
20.00%
PW22-05/ 793 - Bike Lane and Trail RRSP Trails
$2,100,000
4.61%
6.15%
PW08-04/ 739 Santa Gertrudis Creek
Pedestrian/Bicycle Trail Extension
$7,333,595
98.06%
5.31 %
Total
City of Temecula
STREET IMPROVEMENTS
Government Code 66000 Calculation
Fiscal Year 2023-24
The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $1,976.81 per residential attached unit (condominium, apartment, townhouse, and duplex), $2,823.97 per residential detached unit (single family), and $3.85 - $10.79 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index.
Account Description
Beginning
Fund Balance
Fiscal Year
2023-24
Ending
Fund Balance
Revenues & Other Sources:
Developer Fees
Interest Income
$1,881,466
$195,462
Total Sources
$2,076,929
Expenditures & Other Uses:
Capital Projects
($671,061)
Total Uses
($671,061)
Total Available
$2,995,724
$2,747,990
$5,743,714
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance
June 30, 2024
Revenues Remaining from
FY2019-20
Revenues Remaining from
FY2020-21
$493,046
Revenues Remaining from
FY2021-22
$728,726
Revenues Remaining from
FY2022-23
$1,603,379
Revenues Remaining from
FY2023-24
$2,918,563
Total Ending Fund Balance
$5,743,714
Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures
Capital Improvement Projects
Total Project
Budget
FY23-24 DIF
Expenditure
% of Project
Complete
% Funded
With DIF
Est. Start of
Construction
PW23-02/ 534 - Ynez Road Improvements - Ph I
$2,950,000
11.69%
1.33%
7/1/2024
PW17-17/ 535 - Ynez Road Improvements - Ph II
$4,806,343
7.22%
7.22%
7/1/2027
PWMP-09/ 622 - Medians & Parkways
$894,838
74.52%
100.00%
PW16-05/ 648 - Murrieta Creek Bridge at Overland*
$26,015,920
($829,427)
6.73%
20.87%
7/1/2026
PW20-11/ 783 - Overland Drive Widening
$4,471,436
$102,817
12.41%
100.00%
7/1/2026
PW23-04/ 791 - Rancho California Road Medians
$3,845,018
$21,823
1.27%
64.02%
7/1/2026
PW23-01/ 797 - De Portola Rd/Jedediah Smith Rd
Roundabout
$1,450,000
$33,726
2.99%
44.83%
7/1/2024
Total
($671,061)
PW16-051648 - Murrieta Creek Bridge at Overland credit balance due to HBP Grant funding approval. ** PWMP-091622 - Medians & Parkways project is a reimbursement to developers for eligible improvements upon project completion.
City of Temecula
TRAFFIC SIGNALS AND TRAFFIC CONTROL SYSTEMS
Government Code 66000 Calculation
Fiscal Year 2023-24
The fees are collected based on the total cost of such improvements and number of peak hour vehicle trips generated by future development. The fee is $279.80 per residential attached unit (condominium, apartment, townhouse, and duplex), and $399.75 per residential detached unit (single family), and $0.57-$1.53 per square foot of floor area from commercial development, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index.
Account Description
Beginning
Fund Balance
Fiscal Year
2023-24
Ending
Fund Balance
Revenues & Other Sources:
Developer Fees
Interest Income
$274,086
$10,293
Total Sources
$284,379
Expenditures & Other Uses:
Capital Projects
$21,957
Total Uses
$21,957
Total Available
1 $262,422
1 $262,422
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance
June 30, 2024
Revenues Remaining from FY2019-20
Revenues Remaining from FY2020-21
Revenues Remaining from FY2021-22
Revenues Remaining from FY2022-23
Revenues Remaining from FY2023-24
$262,422
Total Ending Fund Balance
$262,422
Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures
Capital Improvement Projects
Total Project
Budget
FY23-24 DIF
Expenditure
% of Project
Complete
% Funded
With DIF
Est. Start of
Construction
PWTE-19/ 680 - Traffic Signal Equipment Enh.
$3,526,788
$21,957
41.82%
15.36%
7/1/2019
PWTS-06/ 682 - Traffic Signal Installation
$2,967,683
64.51 %
59.23%
PW23-13 - Traffic Signal- Safety Lights and Signal
Communications Upgrade- Citywide
$3,255,900
2.76%
18.26%
7/1/2024
Total
$21,957
* PWTS-061682 - Traffic Signal Installation project is a reimbursement to developers for eligible improvements upon project completion.
City of Temecula
PARK and RECREATION IMPROVEMENTS
Government Code 66000 Calculation
Fiscal Year 2023-24
The fees are collected for park improvements based on the cost of improvements needed to maintain the City's existing ratio of improved park acreage to population. The fee for recreation facilities is based on the existing ratio of facility replacement cost to population. Because the fees are population driven, it only applies to residential developments.
The fee is $3,339.07 per residential attached unit (condominium, apartment, townhouse, and duplex), and $4,660.79 per residential detached unit (single family), payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index.
Account Description
Beginning
Fund Balance
Fiscal Year
2023-24
Ending
Fund Balance
Revenues & Other Sources:
Developer Fees
Interest Income
$957,727
$127,142
Total Sources
$1,084,870
Expenditures & Other Uses:
Capital Projects
Total Uses
Total Available
$2,421,245
$1,084,870
$3,506,115
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance
June 30, 2024
Revenues Remaining from
FY2019-20
Revenues Remaining from
FY2020-21
$928,768
Revenues Remaining from
FY2021-22
$428,442
Revenues Remaining from
FY2022-23
$1,064,035
Revenues Remaining from
FY2023-24
$1,084,870
Total Ending Fund Balance
$3,506,115
Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures
Capital Improvement Projects
Total Project
Budget
FY23-24 DIF
Expenditure
% of Project
Complete
% Funded
With DIF
PW17-21/ 692 - Margarita Rec Center
$12,601,508
96.49%
4.76%
PW19-07/ 730 - CRC Renovations
$13,107,069
41.04%
14.66%
PW21-03/ 787 - Pickleball Courts
$3,561,878
24.15%
40.71 %
PW22-05/ 793 - Bike Lane & Trail - RRSP Trails
$2,100,000
4.61 %
44.33%
PW20-15/ 204 - Urban Forest Management Plan
$376,230
92.07%1
13.90%
Total
City of Temecula
CORPORATE FACILITIES
Government Code 66000 Calculation
Fiscal Year 2023-24
Fees are collected for City administrative and maintenance facilities. The need for future space at the Civic Center is due to the demand of services housed at the Civic Center. The need for maintenance facilities is due to an increase in street and park maintenance. The fee is $410.79 per residential attached unit (condominium, apartment, townhouse, and duplex), $766.16 per residential detached unit (single family), and $0.25 - $0.75 per square foot of floor area for commercial developments, payable at the time of issuance of a building permit. The fees are adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index.
Account Description
Beginning
Fund Balance
Fiscal Year
2023-24
Ending
Fund Balance
Revenues & Other Sources:
Developer Fees
Interest Income
$254,984
$19,136
Total Sources
$274,119
Expenditures & Other Uses:
Capital Projects
$31,594
Total Uses
$31,594
Total Available
1 $221,673
$242,525
$464,198
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance
June 30, 2024
Revenues Remaining from FY2019-20
Revenues Remaining from FY2020-21
Revenues Remaining from FY2021-22
Revenues Remaining from FY2022-23
$190,079
Revenues Remaining from FY2023-24
$274,119
Total Ending Fund Balance
$464,198
Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures
Total Project
FY23-24 DIF
% of Project
% Funded
Capital Improvement Projects
Budget
Expenditure
Complete
With DIF
PW17-01/ 711 - City Security Camera System
$4,491,785
82.08%
16.74%
IT20-01 / 780 - Old Town Security Camera & Sounc
$1,260,000
$31,594
88.81 %
47.62%
Total
$31,594
City of Temecula
FIRE PROTECTION FACILITIES
Government Code 66000 Calculation
Fiscal Year 2023-24
Fees are collected to provide future fire protection facilities and apparatus. The fee is $449.75 per residential attached unit (condominium, apartment, townhouse, and duplex), $969.25 per residential detached unit (single family), and $0.16 - $0.25 per square foot of floor area for commercial developments, payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index.
Account Description
Beginning
Fund Balance
Fiscal Year
2023-24
Ending
Fund Balance
Revenues & Other Sources:
Developer Fees
Interest Income
$57,115
$9,069
Total Sources
$66,184
Expenditures & Other Uses:
Capital Projects
$102,210
Total Uses
$102,210
Total Available
$81,110
($36,026)
$45,084
Five Year Revenue Tesi
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance
June 30, 2024
Revenues Remaining from FY2019-20
Revenues Remaining from FY2020-21
Revenues Remaining from FY2021-22
Revenues Remaining from FY2022-23
Revenues Remaining from FY2023-24
$45,084
Total Ending Fund Balance
$45,084
Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures
Total Project
FY23-24 DIF
% of Project
% Funded
Capital Improvement Projects
Budget
Expenditure
Complete
With DIF
PW19-13/ 697 - Fire Station 73 Gym/Garage
$3,477,515
$102,210
16.19%
4.92%
PW19-14/ 687 - Fire Station 84 Renovation
$2,089,276
19.86%
21.45%
Total
$102,210
City of Temecula
LIBRARY
Government Code 66000 Calculation
Fiscal Year 2023-24
Fees are collected to provide future facilities and materials. Because these fees are population -driven, they apply only to residential development. The fee is $889.36 per residential attached unit (condominium, apartment, townhouse, and duplex), and $1,241.39 per residential detached unit (single family), payable at the time of issuance of building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index.
Account Description
Beginning
Fund Balance
Fiscal Year
2023-24
Ending
Fund Balance
Revenues & Other Sources:
Developer Fees
Interest Income
$237,139
$73,755
Total Sources
$310,894
Expenditures & Other Uses:
Capital Projects
Total Uses
Total Available
$1,714,182
$310,894
$2,025,077
Five Year Revenue Test
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance
June 30, 2024
Revenues Remaining from
FY2019-20
Revenues Remaining from
FY2020-21
$124,213
Revenues Remaining from
FY2021-22
$469,649
Revenues Remaining from
FY2022-23
$1,120,320
Revenues Remaining from
FY2023-24
$310,895
Total Ending Fund Balance
$1,714,182
Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures
Capital Improvement Projects
Total Project
Budget
FY23-24 DIF
Expenditure
% of Project
Complete
% Funded
With DIF
IT24-02 - Library Alternate Emergency Operations
$700,000
100.00%
Center Enhancements
Library Technology Enhancements
$240,000
100.00%
Total
City of Temecula
POLICE FACILITIES
Government Code 66000 Calculation
Fiscal Year 2023-24
Fees are collected to provide future space for police facilities and equipment. The fee is $722.01 per residential attached unit (condominium, apartment, townhouse, and duplex), $408.10 per residential detached unit (single family), and $0.08 - $0.40 per square foot of floor area for commercial development, payable at the time of issuance of a building permit. The fee is adjusted annually based on the percentage increase or decrease, if any, of the Engineering News Record Building Cost Index.
Account Description
Beginning
Fund Balance
Fiscal Year
2023-24
Ending
Fund Balance
Revenues & Other Sources:
Developer Fees
Interest Income
$216,136
$8,364
Total Sources
$224,499
Expenditures & Other Uses:
Capital Projects
Total Uses
Total Available
1 $8,065
1 $224,4991
$232,565
Five Year Revenue Tesi
Using First In First Out Method
Unspent Funds Represent Ending Fund Balance
June 30, 2024
Revenues Remaining from
FY2019-20
Revenues Remaining from
FY2020-21
Revenues Remaining from
FY2021-22
Revenues Remaining from
FY2022-23
$8,065
Revenues Remaining from
FY2023-24
$224,500
Total Ending Fund Balance
$232,565
Five year test met in accordance with Government Code 66001 Capital Improvement Facilities Expenditures
Total Project
FY23-24 DIF
% of Project
% Funded
Capital Improvement Projects
Budget
Expenditure
Complete
With DIF
PW17-21/ 692 - Margarita Rec Center
$12,601,508
96.49%
1.09%
PW17-01/ 711 - City Security Camera System
$4,491,785
82.08%
24.96%
Total
Notice of Public Hearinq
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: AB 1600 Annual Report
Applicant: City of Temecula, California
Location: Citywide
Proposal: City Council to Receive and File Report Only
Environmental Action: Not Applicable
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 filing of the report 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 annual report may be viewed at the public information counter, Temecula Civic Center, City Clerk 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 Jennifer Hennessy, Director of Finance, City of Temecula Finance Department, (951) 694-6430.
PLACE OF HEARING: City Council Chambers
41000 Main Street
Temecula, CA
DATE OF HEARING: November 12, 2024
TIME OF HEARING: 6:00 PM
Item No. 25
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Randi Johl, Director of Legislative Affairs/City Clerk DATE: November 12, 2024
SUBJECT: Appoint Members to the Community Services, Planning, Race, Equity, Diversity and Inclusion and Traffic Safety Commissions
PREPARED BY: Randi Johl, Director of Legislative Affairs/City Clerk RECOMMENDATION: That the City Council appoint members to the Community Services, Planning, Race, Equity, Diversity and Inclusion and Traffic Safety Commissions and provide related direction.
BACKGROUND: The City currently has the following vacancies on its committees and commissions: Old Town Local Advisory Committee (1-Architect), Community Services Commission (2), Planning Commission (2), Race, Equity, Diversity and Inclusion Commission (2), and Traffic Safety Commission (1). These vacancies were advertised and recruited for utilizing a variety of methods, including but not limited to, the printed newspaper, City website, Channel 3, social media, and community stakeholder platforms. The application period for these vacancies was August 1, 2024 — September 30, 2024. The attached redacted applications were submitted for consideration by the deadline. No applications were received for the architect vacancy on the Old Town Local Advisory Committee. Terms will begin January 1, 2025 and run through December 31, 2027. It is recommended that the City Council receive applicant presentations and appoint members to the Old Town Local Advisory Committee and Community Services, Planning, Race, Equity, Diversity and Inclusion and Traffic Safety Commissions.
FISCAL IMPACT: None
ATTACHMENTS: 1. Community Services Commission Applications
2. Planning Commission Applications
3. Race, Equity, Diversity and Inclusion Commission Applications
4. Traffic Safety Commission Applications
Submit Date: Aug 18, 2024
City of Temecula - Boards, Committees and Commissions
Appointment Application
Important Information
The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered.
Profile
Amanda
First Name
Home Address
Temecula
City
R
Middle
Initial
Boudreault
Last Name
Suite or Apt
CA 92592
State Postal Code
Which district do you live in? Find your district here:
https://temecula.maps.arcgis.com/apps/instant/lookup/index.htmi ? appid=e9f3983bc7e649e49143b806f901029d *
W District 1
Email Address
Home: ■
Primary Phone
The City of Temecula has multiple boards, committees and commissions. While more than one selection may be made below, applicants are encouraged to only select those that they truly wish to serve on and those that are actively recruiting for members.
Thank you.
Note:
1. The 2024 vacancy for the Old Town Local Advisory Committee is specifically for an architect.
2. While there are no vacancies that currently exist, vacancies will exist effective January 1, 2025.
Which Boards would you like to apply for?
Community Services Commission: Submitted
Education and Employment
Amanda R Boudreault
List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application.
Please see resume.
List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application.
Please see resume. I have economic development and city government experience.
Service Experience
List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
Although I do not have experience volunteering on a City/County/State Board/Committee/Commissions I have attended and spoken at city commissions in the past.
I am confident that I have enough experience in government and communities to bring value to the commission. Hoping to get involved with the city while expanding my professional experience.
List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
Please see resume.
Statement of Interest
Describe why you wish to serve on this board, committee, or commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific.
I am deeply committed to the well-being and advancement of communities. My professional background revolves around this altruistic belief. I have worked in city government and collaborated with city officials in various capacities for the last five years. My experience as an analyst and director in both economic development and communications gives me a broad background that can bring value to the commission. In my city government experience, I have worked with developers and businesses on land use and provided concierge services to help businesses thrive. As a communications strategist I have also assisted many areas of government to communicate effectively to the greater community.
Value Statement
Amanda R Boudreault
Question applies to multiple boards
The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles.
If appointed to the board, I would be welcoming and open to all people and opinions. I would uphold the city's DEI principles by actively listening and engaging others, promoting inclusive practices to make sure all have an opportunity to participate, and ensuring accessibility for people of all abilities, languages, and backgrounds.
References
List Three Professional and/or Personal References (Name, Position, Phone, Email):
Tess Sangster, Community & Economic Development Director - City of San Marcos,_ - [email protected] Wendy Blubaugh, Graphic Designer - City of San Marcos, [email protected] AnthonyBoudreault, Real Estate Broker - Coldwell Banker,
Self -Selection Options
Question applies to multiple boards
Equal Employment Opportunity
The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only.
Question applies to multiple boards
What is your gender?
Question applies to multiple boards
What range does your age fall into below?
Question applies to multiple boards
What is your ethnic background?
Attachments
Question applies to multiple boards
2024_Resume_UpdatedAug24.pdf
Resume - If you wish to attach a resume, please
do so here.
Amanda R Boudreault
Question applies to multiple boards
Recommendations - If you wish to attach a letter
of recommendation, please do so here.
Question applies to multiple boards
Miscellaneous - If you wish to attach other
materials, please do so here.
Acknowledgment
I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act.
fJ I Agree
Question applies to multiple boards
Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting.
Amanda R Boudreault
.'T > 11,11111l > > il
I I Temecula, CA
Passionate professional dedicated to continual learning and making impactful contributions. Proficient in economic development, budget management, data analysis, website development, and communications.
Skilled at navigating ambiguous situations and collaborating to provide clarity. Eager to further my professional growth while making a difference in my community.
Highlighted Skulls
❖ CALED ACE Certified
❖ Website Development, Granicus &
WordPress
❖ Advanced Project Management
❖ Experienced with Various CRMs
❖ Adobe Suite Proficiency
❖ Organizational Planning
❖ Problem Solving Capabilities
❖ Professional Communication and
Competency
Experience
Senior Management Analyst - Economic Development
City of San Marcos
Jun. 2022 — Oct. 2024
San Marcos, CA
• Engage businesses within the city's sphere of influence, offering support such as business concierge services for permitting, business visits, and connection to resources and networking opportunities such as Innovate78, local institutions, and other organizations. • Oversee budget planning, tracking, and monitoring to ensure budget alignment with departmental needs. Ensure prompt processing of expenses to appropriate line items. • Manage waste and recycling mandates (SB 1383 and SB54), coordinate with contractors to ensure compliance with outreach, education, reporting, and enforcement requirements. • Actively manage the City website, including redesign, content creation, and press releases. Provide training and assistance to each department. Installed Google G4 analytics to monitor website traffic. • Lead or participate in cross functional teams to navigate city-wide projects and initiatives, enhancing service and experience for internal and external stakeholders. • Supervise two part-time employees including project direction, task delegation, and approval/ monitoring bi-weekly timesheets.
• Utilize ClickUp software to actively manage city-wide communications requests for external and internal collateral. Examples include graphic design, social media, copy and print requests, press releases, program writing, and website editing.
• Successfully initiated and established HubSpot CRM to track economic development efforts, facilitate mass communications to the local business community, and measure business engagement outcomes.
• Approach new tasks and duties as assigned by the City Manager and/or Administration department with enthusiasm and dedication.
Director of Research & Municipal Services Dec. 2021 — Jun.2022 San Diego North Economic Development Council San Marcos, CA • Oversaw and managed municipal contracts on behalf of SDNEDC, including the facilitation of Innovate 78 research services and events.
• Successfully composed and secured an NRP grant from San Diego County Board of Supervisors to publish the annual North County Indicators Report. Managed project lifecycle, ensuring adherence to defined timelines and data accuracy. Oversaw production of the professional report layout.
• Designed and curated event offerings and event programming, including speaker panels, event logistics, marketing copy, and venue selection.
• Lead and coordinated meetings for various organizational functions, supporting both internal and external initiatives.
• Utilized organization -wide budget allocations to determine pricing and resource allocation for events and research tools. Negotiated pricing and terms for logistics as necessary. • Facilitated the hiring and onboarding for new hires. Provided active supervision and delegated projects to align with organizations strategic objectives.
Marketing and Events Coordinator Jul. 2020 — Dec. 2021
San Diego North Economic Development Council San Marcos, CA • Strategized, organized, and facilitated weekly promotional newsletters reaching over 4,000 subscribers in municipal, business, and academic communities. • Collaborated with Economic Development Managers and Mayors to market business related prosperity and continuity across 9 incorporated cities within North San Diego County. • Managed development, production, and distribution of promotional collateral. • Evaluated CRM platforms for added value and efficiency. Smoothly transitioned organization's e-correspondence to an upgraded marketing platform.
• Engaged and grew audience and impressions across multiple social media platforms including Twitter, LinkedIn, Instagram, Facebook, and YouTube.
• Enhanced organization's website through continued web development. Established and installed Google Analytics and Google Tag Manager to monitor traffic driven to the website from social media campaigns.
Project Manager, Office of Business Research and Analysis California State University San Marcos
Nov. 2018 - Dec. 2020
San Marcos, CA
• Researched and published Economic Impact Reports and business plans across California on behalf of CSUSM.
• Provided economic analysis to illustrate industry value for geographic locations using specialized ArcGIS and IMPLAN software.
• Targeted and marketed organization's capabilities and services to prospective clients and employees.
• Analyzed data sets to correlate and improve business operations and implementation. • Utilized cloud -based technology to work remotely and communicate with team.
Education
California State University San Marcos
Bachelor of Science, Management & Human Resources
Mira Costa Community College
Associate of Science, Business Administration for Transfer Volunteer Experience
Boys and Girls Club of San Marcos Committee Member
San Marcos Chamber of Commerce Community Committee Member Hostess of Annual Coat Drive for One Warm Coat
Professional Accolades
Aug. 2018 - May 2020
Aug. 2015 - Dec. 2017
Accredited California Economic Developer, CALED
Submit Date: Sep 07, 2024
City of Temecula - Boards, Committees and Commissions
Appointment Application
Important Information
The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered.
Profile
Liselle R DeGrave
First Name Middle Last Name
Initial
Home Address
Temecula
City
Suite or Apt
CA 92592
State Postal Code
Which district do you live in? Find your district here:
https://temecula.maps.arcgis.com/apps/instant/lookup/index.htmi ? appid=e9f3983bc7e649e49143b806f901029d *
W District 2
[email protected]
Email Address
Home:
Primary Phone
The City of Temecula has multiple boards, committees and commissions. While more than one selection may be made below, applicants are encouraged to only select those that they truly wish to serve on and those that are actively recruiting for members.
Thank you.
Note:
1. The 2024 vacancy for the Old Town Local Advisory Committee is specifically for an architect.
2. While there are no vacancies that currently exist, vacancies will exist effective January 1, 2025.
Which Boards would you like to apply for?
Community Services Commission: Submitted
Education and Employment
Liselle R DeGrave
List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application.
San Diego State University - B.A., Communications Studies, Emphasis in Public Relations; Minor in Spanish Accreditation in Public Relations - Universal Accreditation Board J. Lindsay Wolf PIO Institute Certification- California Association of Public Information Officials FEMA - Incident Command System for Public Works Certificate FEMA - National Incident System Training Certificate Woman Owned Small Business Minority Owned Small Business Small Business (SB) Micro - California Department of General Services List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application.
DeGrave Communications Temecula, CA 92592 (physical address) 40575 Cal Oaks Rd D2-137, Murrieta, CA 92562 (mailing address) President, CEO A veteran communicator, Liselle has over 20 years of experience as a public relations professional. Her expertise includes spearheading communications, marketing and outreach projects for public -sector clients throughout California. Her background blends both in-house communications and agency expertise to ensure impactful communications strategies for the clients she serves. Primary responsibilities include project management, business development, overseeing public relations outreach projects including community service outreach projects.
Service Experience
List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
None
List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
Public Relations Society of America - Board Member/ Assembly Delegate / APR Chair (2006, 2007, 2016, 2017, 2019) Rose Again Foundation - PR Volunteer (2017 - 2021) Community Mission of Hope - Food pantry Volunteer/ translator (2019 - 2020) Hispanic Public Relations Association - Director at Large (2021) Public Relations Society of America - Guest Speaker PRSA Gives Back (2021) Cal Baptist University - Guest Speaker to PR Students (2022, 2023, 2024) Jacob's House - Video production volunteer (2024) California Association of Public Information Officials - Guest Speaker Mentorship Mondays, webinar (2024) California Association of Public Information Officials - Guest Speaker Branding, conference (2024) Statement of Interest
Liselle R DeGrave
Describe why you wish to serve on this board, committee, or commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific.
Temecula has been my hometown since my family moved here in 1998, and I am fortunate to have witnessed its remarkable growth and transformation. As a member of the first graduating class of Chaparral High School, I experienced firsthand the impact of Temecula's community services and programs. From my participation in the Youth Advisory Council during high school to playing softball at what is now Ronald Reagan Park, the city's services have always been a significant part of my life. It's also where I met my husband of 21 years at the Paloma Del Sol ball fields. I've seen Temecula evolve into a vibrant city that offers an impressive variety of programs and events. As a mother, I'm grateful for the amazing resources available to my family —from attending the Rod Run with our 57 Chevy Bel Air to riding in a float at the Christmas parade, Temecula has enriched our lives in countless ways.
My daughter has thrived as a Junior Lifeguard, and my son enjoys playing baseball on the many well -maintained fields across the city. It's this deep connection to Temecula and the opportunities it provides that drives me to give back. That's why I'm applying to serve on the Community Services Commission —to contribute to the programs that have positively shaped my life and the lives of my family members. Professional Experience Professionally, I am the founder and owner of DeGrave Communications, a full -service public relations firm that specializes in working with public agencies and nonprofits across California. We help cities manage everything from strategic communications to marketing outreach, including video production and social media campaigns. My work with community services outreach projects has been among the most fulfilling of my career. I've been involved in developing Parks and Rec booklets, city magazines, outreach for concerts in the park, and other city events, and I recognize how these efforts impact residents' quality of life. Community services programming is more than just entertainment —it's the glue that connects residents with their city and fosters pride in where they live. My professional experience in public relations, particularly with cities, positions me to bring valuable insights to the Community Services Commission. I understand the importance of communicating the value of city programs to residents and ensuring their tax dollars are used effectively. Volunteerism In addition to my professional experience, I have volunteered and partnered with numerous local organizations, including Habitat for Humanity, The Community Mission of Hope, Jacob's House, the Rose Again Foundation, Professor Pennypickle's Workshop, Animal Friends of the Valleys, and TVUSD's Career Technical Education (CTE) Program. These experiences have deepened my connection to the community and reaffirmed my commitment to service.
Sports and Community Engagement I am also passionate about youth sports and have been actively involved as a coach for cheer teams at Chaparral High School and Pop Warner, and I've organized middle school summer camps. My early career included working as a summer counselor at the Boys and Girls Club, which reinforced my belief in the importance of accessible, engaging community resources for youth and families. Closing In conclusion, my life has been intertwined with Temecula's growth, from its days as a small, close-knit town to the thriving community it is today. My desire to serve on the Community Services Commission stems from a deep love for this city and a commitment to giving back. I believe my background in public relations and community engagement, combined with my personal connection to the city, makes me uniquely qualified for this position. If selected, I will work tirelessly to support and expand the programs that make Temecula such a special place to live, ensuring that our community continues to thrive for generations to come. I am excited to serve in this capacity.
Value Statement
Liselle R DeGrave
Question applies to multiple boards
The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles.
As a City of Temecula Community Services Commissioner, I would ensure that all voices within our community are heard and valued. I believe in actively engaging with residents from diverse backgrounds and creating inclusive programs that reflect the needs and aspirations of every individual. I would work collaboratively with fellow commissioners and city staff to foster an environment where everyone, regardless of their background, has equal access to opportunities and feels a true sense of belonging in our city.
References
List Three Professional and/or Personal References (Name, Position, Phone, Email):
Tammy Marine, CEO, Habitat for Humanity (951) 296-3362 ext 206 [email protected] Kelly Avon, Owner, Valley Events (951) 7571567 [email protected] Heather Toth, Owner/ Operator, ChickFila Temecula Brooke Nunn, President/
CEO, Temecula Valley Chamber of Commerce, (951) 676- 5090 x 310 [email protected] Self -Selection Options
Question applies to multiple boards
Equal Employment Opportunity
The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only.
Question applies to multiple boards
What is your gender?
Question applies to multiple boards
What range does your age fall into below?
Question applies to multiple boards
What is your ethnic background?
Attachments
Question applies to multiple boards
Resume-Liselle= DeGrave.pdf
Resume - If you wish to attach a resume, please
do so here.
Liselle R DeGrave
Question applies to multiple boards
Recommendations - If you wish to attach a letter
of recommendation, please do so here.
Question applies to multiple boards
Miscellaneous - If you wish to attach other
materials, please do so here.
Acknowledgment
I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act.
fJ I Agree
Question applies to multiple boards
Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting.
Liselle R DeGrave
LISELLE REGUEIRO DEGRAVE,
PRESIDENT OF DEGRAVE COMMUNICATIONS
Liselle Regueiro DeGrave, APR, an award -winning
public relations consultant, provides clients with
support services in the areas of strategic
communication planning, writing, media relations,
social media, event management, video production
and creation of collateral materials. With over 20
years of experience of working both internally and
externally with public agencies, she has built DeGrave
Communications, Inc. as a firm that understands the
unique challenges faced by government agencies.
Public agencies exist to serve their communities;
communications should reflect this.
CONTACT
Mailing Address
A40575 CAL OAKS ROAD D2-137
MURRIETA, CA 92562
[email protected]
WWW.DEGRAVEPR.COM
V @DEGRAVEPR
SKILLS/CERTIFICATIONS
PROFICIENT IN ENGLISH & SPANISH
ACCREDITED IN PUBLIC RELATIONS (APR) - UNIVERSAL ACCREDITATION BOARD J. LINDSAY WOLF PIO INSTITUTE CERTIFICATION - CALIFORNIA ASSOCIATION
OF PUBLIC INFORMATION OFFICIALS
FEMA - NIMS IS — 700 A CERTIFICATE, ICS — 100 CERTIFICATE
AWARDS/ACHIEVEMENTS
IE PUBLIC RELATIONS SOCIETY OF AMERICA CAPELLA AWARD (multiple years) IE PUBLIC RELATIONS SOCIETY OF AMERICA PRISM AWARD (multiple years) IE PUBLIC RELATIONS SOCIETY OF AMERICA SPIRIT OF PR AWARD 2019 IE PUBLIC RELATIONS SOCIETY OF AMERICA BEST IN SHOW 2020 OC PUBLIC RELATIONS SOCIETY OF AMERICA PROTOS AWARD 2005 NATIONAL PUBLIC RELATIONS SOCIETY OF AMERICA BRONZE ANVIL 2020 CA ASSOC. OF PUBLIC INFORMATION OFFICERS EPIC AWARD (multiple years) PODCAST HOST, PRESSING ON IN PUBLIC RELATIONS (2019 - present)
PUBLISHED AUTHOR, A PRACTICAL GUIDE TO STARTING YOUR OWN PR FIRM
ME MB ER ORGAN IZ A T IO NS
EDUCATION
2004 BACHELOR OF ARTS, COMMUNICATIONS
2000 San Diego State University
Bachelor of Arts in Communications, Emphasis in Public Relations Minor in Spanish
EXPERIENCE
PRESENT PRESIDENT/PUBLIC RELATIONS CONSULTANT
2004 DeGrave Communications, Temecula, California
2015
2011
2007
2005
2005
2004
CALIFORNIA ASSOCIATION OF PUBLIC INFORMATION OFFICIALS
PUBLIC RELATIONS SOCIETY IE CHAPTER (BOARD MEMBER: 2019, 2017, 2016, 2007, 2006) PUBLIC RELATIONS SOCIETY OF AMERICA— NATIONAL CHAPTER
Management of strategic communication outreach campaigns.
Administration of event logistics for multi -county, public sector events.
Creation of strategic communication outreach programs for clients. Media relations outreach targeting Southern California media in print, online, TV and radio. Social media management for public sector agencies.
Development of multilingual outreach campaign in disadvantaged communities, within three counties.
EDUCATIONAL OUTREACH SPECIALIST
Western Municipal Water District, Riverside, California Implemented all education programs for District including: educator grant program, college scholarships, school assemblies, classroom resources and teacher workshops. Wrote stakeholder newsletter, news releases and copy for outreach materials. Managed award -winning annual Earth Night in the Garden event with more than 2,500 attendees and over 40 partnering agencies. Delivered presentations at District board meetings, school district meetings and workshops.
PUBLIC AFFAIR S/ LEGISLATIVE SPECIALIST
Rancho California Water District, Temecula, California
Administered all communicative and legislative outreach for District.
Supported District legislative efforts with lobbyist to create needed talking points and material. Handled community outreach events, and communications, including community events, newsletter and collaterals.
Managed all media relations: wrote press materials, pitched media, and secured media coverage. Supervised education program reaching 26 schools.
AC C O U N T EXECUTIVE
Euro RSCG Magnet Communications, Corona, California
Coordinated media relations for national clients: Johnson & Johnson, Marshalls, US Food and Drug Administration, Heineken, Lactaid and Splenda. Pitched national Hispanic media in five major US markets: Los Angeles, New York, Miami, Chicago, El Paso. Drafted news releases, media advisories, and public service announcements. Supported event logistics:
coordinated vendors, media, staff, giveaways and set-up.
Submit Date: Aug 01, 2024
City of Temecula - Boards, Committees and Commissions
Appointment Application
Important Information
The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered.
Profile
Yuan Hawkes
First Name Middle Last Name
Initial
Home Address Suite or Apt
Temecula CA 92591
City State Postal Code
Which district do you live in? Find your district here:
https://temecula.maps.arcgis.com/apps/instant/lookup/index.htmi ? appid=e9f3983bc7e649e49143b806f901029d *
P District 5
Email Address
Mobile:
Primary Phone
The City of Temecula has multiple boards, committees and commissions. While more than one selection may be made below, applicants are encouraged to only select those that they truly wish to serve on and those that are actively recruiting for members.
Thank you.
Note: The 2024 vacancy for the Old Town Local Advisory Committee is specifically for an architect.
Which Boards would you like to apply for?
Community Services Commission: Submitted
Education and Employment
List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application.
Ph.D. Molecular Biology, University of Illinois at Chicago; B.S. Biology, Wuhan University (See Resume)
Yuan Hawkes
List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. 2022-present, Commissioner, City of Temecula Community Services Commission 2019-2022, Springs Charter School, 27740 Jefferson Avenue, Temecula, CA 92590, Board Director, overseeing and approving the sound fiscal and operational management of the school. (see resume)
Service Experience
List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. 2022-present, Commissioner, City of Temecula Community Services Commission (see resume)
List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
2018-present, President, Homeowners Association; 2020-21, VP membership, Optimal Speakers Toastmasters; 2015-16 Board of Directors of Toastmasters District 12; 2015-16 Area Director, Toastmasters International District 12; 2014-15 President, Temecula Toastmasters; 2015-16, Teacher, Good News Club; 2013-14, Sunday School Teacher, Rancho Community Church. (See Resume)
Statement of Interest
Yuan Hawkes
Describe why you wish to serve on this board, committee, or commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific.
I would like to continue to serve on the community services commission because I love our community and this is one way that I can give back to the city that I call home. My family has grown with the city in the last 17 years. I was married here and my children were born and raised here. We have thoroughly enjoyed the family friendly environment and the quality of life. We have actively participated in many city's events: library story times, swim lessons, drawing lessons, photo contests, concerts, museums, and fireworks. I love engaging with the community. I am so honored to serve as a commissioner in the last three years. I have seen the needs, heard the concerns and brought the feedback. I was no longer an outsider looking in, but an insider aiding in better serving our community. I have faithfully served the community, whether it was visiting the seniors, judging various contests or celebrating city's milestones. I believe I am qualified because I am a leader, planner and communicator. I have served on various committees, including Harbor Springs Charter School board of directors. Currently I am also the president of my HOA, where I have led the board for 6 years and we have not raised fees regardless of inflation. I have also served as area director, president and VP membership of Toastmasters. I volunteer regularly at my church as well. I was voted the Toastmaster of the year because of my leadership. My PhD training and research work gave me a keen eye for details and the ability to solve problems and think critically. I am also an award -winning speaker who just earned the district champion title and I desire to use my skills whenever needed. I am competitive, compassionate and competent. I have an all -in attitude that causes me to strive for excellence. In addition, I am a team player who wants the best for the whole team. Thank you, council members, for entrusting me with this responsibility for the last three years. I ask you for three more years to continue to serve the city I love.
Value Statement
Question applies to multiple boards
The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles.
I have had great appreciation for equity, diversity and inclusion ever since I arrived in the United States. The equity I received, the diversity I experienced and the inclusion I felt since day one influenced my decision to become a naturalized citizen. I have also had opportunities to uphold those values as a commissioner. I support the effort to provide services to our residents of all ages, abilities and backgrounds. I enjoy being part of a community with a diverse population of various ethnic, economic, educational and age levels. I embrace and celebrate the diversity. As a minority woman, I also bring equity, diversity and inclusion to the commission.
References
List Three Professional and/or Personal References (Name, Position, Phone, Email):
Kathleen Hermsmeyer, Ed.D. Superintendent, Springs Charter School, [email protected]; Mary Jo Jarrell, Assistant Manager, Chick-fil-A Murrieta, Steven Solorzano, Business Owner,
Self -Selection Options
Yuan Hawkes
Question applies to multiple boards
Equal Employment Opportunity
The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only.
Question applies to multiple boards
What is your gender?
Question applies to multiple boards
What range does your age fall into below?
Question applies to multiple boards
What is your ethnic background?
Attachments
Question applies to multiple boards
updated _CV-YuanHawkes.pdf
Resume - If you wish to attach a resume, please
do so here.
Question applies to multiple boards
Dr._Yua n_Hawkes_Letter_of_Rec_051421. pdf
Recommendations - If you wish to attach a letter
of recommendation, please do so here.
Question applies to multiple boards
Miscellaneous - If you wish to attach other
materials, please do so here.
Acknowledgment
I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act.
V I Agree
Yuan Hawkes
Question applies to multiple boards
Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting.
Yuan Hawkes
Yuan Hawkes, PhD
Temecula, CA 92591
(c)
QUALIFICATIONS
• Proven leader with 10+ years of experience.
• Award winning speaker-2024 District Champion of Toastmasters International. • High performing research scientist with 20+ years of post graduate experience and excellent academic qualifications.
• Substantial knowledge in molecular biology, antibody engineering and cancer research.
• Exceptional follow-through abilities to plan and oversee projects from concept to delivery. Well -organized and detail oriented.
• Demonstrated ability to prioritize multiple responsibilities to achieve results. • Extensive experience working with cross -functional teams. • Excellent presentation, written and project management skills. • Highly motivated with a proven record of productivity. • Strong experiment design and troubleshooting skills.
EDUCATION AND WORK EXPERIENCE
Commissioner 2022-current
Director/Vice Chair 2019-2022
Scientist 111 2008- 2011,
Scientist II 2007-2008,
Research Asso
2003-2007,
Post-doc
2002-2003,
Ph. D.
1997-2002,
B.S.
1993-1997,
VOLUNTEER EXPERIENCE
City of Temecula Community Services Commission
Springs Charter School Board of Directors
Millipore, Antibody Development
Millipore, Antibody Development
The Scripps Research Institute
Alexion Antibody Technologies
University of Illinois at Chicago, Molecular Biology.
Wuhan University, Biology.
2018- present: HOA President (Award Series Association) 2020-2021: VP of Membership (Optimal Speakers Toastmasters) 2015-2016: Area Director (Toastmasters District 12)
2014-2015: President (Temecula Toastmasters)
2015-2016: Teacher (Good News Club)
2013-2014: Teacher(Rancho Community Church)
WORK EXPERIENCE
2022- current: Commissioner (City of Temecula Community Services Commission) • Review and make recommendations to community services of the city 2019- 2022: Board Director (Springs Charter School)
• Oversee the sound fiscal and operational management of the school 2007-2011: Research Scientist 11 & III (Millipore, Bioscience)
Yuan Hawkes—Curriculum vitae
e2
Successfully developed a recombinant rabbit monoclonal antibodies program which rescued the antibody production from unstable rabbit hybridomas. • Independently developed a novel method of engineering recombinant rabbit monoclonal antibodies from rabbit hybridoma cells within 6 months of date of hire.
• Promoted from scientist I I to scientist I I I after 5 months on the job. • Successfully launched 20 recombinant rabbit monoclonal antibodies which became the top sellers among Millipore's antibody portfolio, • Constructed CHO stable cell lines for production and easy scale -up. • Provided technical leadership and guidance to junior Scientists. • Consistently received "high meet" on annual performance review.
Converted human antibodies to mouse or rabbit recombinant antibodies. • Achieved great success by developing the top two selling antibodies, among several thousand, in less than a year since their launch in 2009,bringing in $200k annual revenue.
• Demonstrated success in forging and nurturing collaborations among R&D, marketing and manufacturing.
• Delivered these antibodies ahead of timelines
2003- 2007: Postdoctoral Scientist (The Scripps Research Institute, Dr. Carlos F Barbas, III )
Project 1: Studied the effect of engineered tetravalent bispecific antibodies in tumor angiogenesis.
• Engineered one of a kind bispecific tetravalent antibodies in adenovirus system and transient transfection system.
• Purified large scale of adenovirus and recombinant antibodies for in vivo tumor model.
• Designed and executed mouse xenograft tumor models.
• Characterized the engineered antibodies by FACS, western blotting, ELISA, proliferation and migration assays.
• Stained xenograft tumor tissues using Immunohistochemistry.
Project 2: Designed and produced various IgG fusions proteins. 2002- 2003: Postdoctoral Scientist (Alexion Antibody Technologies, Inc.) Discoverina therapeutic antibodies for cancers by ahaae dISDIav technoloa • Constructed phage display libraries
• Performed whole cell panning using constructed libraries. • High -throughput screening using 96-well FACS and ELISA on Tecan. • Obtained and characterized a panel of potential targets after high -throughput screening.
Yuan Hawkes—Curriculum vitae paae 3
1997-2002: Ph.D thesis research (University of Illinois at Chicago, Molecular Genetics)
Studied the roles of a breast cancer susceptibility gene BRCA2.
Project 1: Identified a novel pathway of BRCA2 by its interaction with a cytoskeleton protein filamin-1.
• Extensively characterized the interaction and mapped the interaction domains. • Established a number of stable cell lines through retroviral infection or electroporation.
• Discovered novel roles of filamin-1 in mammalian DNA damage response through its interaction with BRCA2.
• Identified down -regulation of filamin-1 in colon, stomach, uterus and rectum tumors by cDNA hybridization.
Project 2: Identified a novel protein BCCIPa (a potential tumor suppressor) as a BRCA2- interacting protein.
• Thoroughly characterized the interaction and mapped the interaction domain in BRCA2.
• Purified BCCIPa for polyclonal antibody production.
PROFESSIONAL SKILLS
• Molecular biology: DNA/RNA extraction, gene cloning, vector design, library construction, PCR, RT-PCR, and site -specific mutagenesis. • Cell biology: stable CHO cell construction and banking, retroviral infection, large scale adenovirus CSC12 purification/infection, lipo-transfection, electroporation, flow cytometry, cell cycle analysis, immunohistochemistry, fluorescent and confocal microscopy, cell -based assays (e.g. DNA repair, proliferation, migration assays)
• Biochemistry: recombinant protein expression and purification, FPLC purification, Western blotting, cellular protein fractionation, and protein -protein interaction assays (GST pull -down, co-immunoprecipitation & yeast two -hybrid). • High -throughput screening: ELISA, 96-well FACS, automated machine (Tecan and Qpix).
• Computer skills: Accolade, Oracle, Word, Excel, Powerpoint, Photoshop, DNA Star, Macvector, VectorNTl, CellQuest and bioinformatics. • Preclinical tumor models: model design, anesthesia, IP, IV and SC injection, eye or tail vein bleeding, tumor measurement and in vivo Matrigel plug assay. • Written skills: Scientific writing of publications and grant applications.
MANAGEMENT SKILLS
• Trained and supervised junior scientists and visiting scholars on recombinant monoclonal antibody projects (2005-2011)
Yuan Hawkes—Curriculum vitae
e4
PUBLICATIONS
• Tragoolpua, K., Intasai , N., Kasinrerk, W., Mai, S., Yuan, Y. and Tayapiwatana, C. 2008. Generation of functional scFv intrabody to abate the expression of CD147 surface molecule of 293A cells. BMC Biotechnology 8:5 • Yuan, Y., Meng, X.,-Maestas, A. and Shen, Z. 2004. Recovery from DNA damage -induced G2 arrest requires actin -binding protein filamin-A/actin-binding protein 280. J Biol Chem. 279: 6098-105 • Yuan, Y., and Shen, Z. 2001. Interaction with BRCA2 suggests a role for filamin-1 (hsFLNa) in DNA damage response. J Biol Chem. 276:48318-24. • Liu, J., Y. Yuan, Huan, J., and Shen, Z. 2001. Inhibition of breast and brain cancer cell growth by BCCIPa, an evolutionarily conserved nuclear protein that interacts with BRCA2. Oncogene 20:336-45.
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• Yuan Y. J. Archdeacon. etc. 2009, AACR, Recombinant rabbit monoclonal antibodies recognizing polyubiquitin chains joined through lys 48 or lys63. • Yuan, Y. and C. Yang. 2007, Engineering of recombinant rabbit antibodies, Millipore science expo.
• Yuan, Y. and N. Jendreyko, M. Popkov, C. Rader and C. Barbas. 2005. Targeting tumor angiogenesis with intrabodies. Keystone Symposia. Santa Fe, NM. • Yuan, Y. and Z. Shen. 2002. A role of filamin-1 in the adaptation of G2-arrest following irradiation. 49th Annual Meeting of the Radiation Research Society, Reno, Nevada.
• Yuan, Y., G. Iliakis and Z. Shen. 2001. Role of filamin-1 in DNA damage response. Gordon Research Conference (Radiation Oncology). Ventura, CA. • Yuan, Y. and Z. Shen. 2000. Lack of ABP-280 renders melanoma cells hypersensitive to gamma radiation. Second annual Steve Schiff Center for Skin Cancer Research Mini -Symposium. Albuquerque, NM.
AWARDS
• 1st place, Toastmasters International Speech Contest, Area, Division, District 2024
• Toastmasters of the Month, 2024 March, June
• 1st place, Toastmasters Speech Contest, 2016, 2017, 2019 • 2nd Place,Toastmasters International Speech Contest, 2017, 2019 • 3rd Place, Toastmasters Humorous Speech Contest, 2016 • Toastmaster of The Year, 2014-1015
• Young Investigator Travel Award, 49th Annual Meeting of the Radiation Research Society, Reno, Nevada, 2002
• First Place Poster Winner, University of New Mexico, 2000
.5rin s
CHARTER SCHOOLS
May 13, 2021
Dear City Council of Temecula,
I highly recommend Dr. Yuan Hawkes as a candidate for the Temecula planning commission. In fact, she is well suited to any role or position that requires intelligence, critical thinking, responsibility, excellent communication, and leadership. My name is Dr. Kathleen Hermsmeyer, and I am the Superintendent of the Springs Charter School network, which enrolls more than 9500 students in and around the Temecula area.
Dr. Hawkes began with us as a board member for Harbor Springs Charter School in 2019. In this role, she works tirelessly promoting our school's mission of parent choice and continuing our commitment to excellence.
Her background as an innovative scientist, Toastmasters area director, and public speaker means that she is able to add value to our board and truly support the growth and development of our expanding operation.
Yuan deeply believes in our charter school's core belief of personalizing learning for all students. She is an active parent at River Springs Charter School's Temecula Student Center, her children's school site. Yuan is always willing to volunteer for extra duties, including several subcommittees. At all times, she is prepared and thoughtful. Our board packets are often over 200 pages each month, so that's no small feat! We appreciate Yuan's energy and fearlessness in advocating for students. She is successful because of her grace, professionalism, and a "can -do" spirit.
Dr. Hawkes would be an asset to the planning commission and has my highest recommendation. If you have any further questions with regard to her background or qualifications, please do not hesitate to call me on my cell phone at
Sincerely,
Kathleen Hermsmeyer, Ed.D.
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Submit Date: Sep 13, 2024
City of Temecula - Boards, Committees and Commissions
Appointment Application
Important Information
The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered.
Profile
Michele
First Name
Home Address
TEMECULA
City
Nelson
Middle Last Name
Initial
Suite or Apt
CA 92592
State Postal Code
Which district do you live in? Find your district here:
https://temecula.maps.arcgis.com/apps/instant/lookup/index.htmi ? appid=e9f3983bc7e649e49143b806f901029d *
W District 3
Email Address
Home: 0
Primary Phone
The City of Temecula has multiple boards, committees and commissions. While more than one selection may be made below, applicants are encouraged to only select those that they truly wish to serve on and those that are actively recruiting for members.
Thank you.
Note:
1. The 2024 vacancy for the Old Town Local Advisory Committee is specifically for an architect.
2. While there are no vacancies that currently exist, vacancies will exist effective January 1, 2025.
Which Boards would you like to apply for?
Community Services Commission: Submitted
Education and Employment
Michele Nelson
List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application.
see resume
List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application. see resume
Service Experience
List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application. see resume
List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
see resume
Statement of Interest
Describe why you wish to serve on this board, committee, or commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific.
I am eager to serve the city of Temecula because I am deeply committed to this community.
I have lived in the area for almost 20 years, and I have watched it grow and seen some of the struggles as well. My background in several areas during my career has equipped me with a unique perspective and set of skills that align well with the objectives of this commission.
Throughout my Naval and Civilian career, I have demonstrated a strong dedication to being a strong leader for those with small voices, and I believe that my experience in Toastmasters will allow me to contribute meaningfully the work being done. I am particularly drawn to community initiatives and am excited about the opportunity to collaborate with other dedicated members to achieve our shared objectives. In addition to my professional background, I bring a passion for Temecula, a commitment to shared values and a collaborative spirit. I am confident that my analytics experience will enable me to provide valuable insights and support. Ultimately, my goal is to be of service to my community, and I am enthusiastic about the opportunity to contribute to the success of this commission. Thank you for considering my application, and I look forward to the possibility of working together to make a positive impact.
Value Statement
Michele Nelson
Question applies to multiple boards
The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles.
I would uphold current policies, but also would want to make sure that the current policies serve our community as well. These are important issues that need a variety of input from experience and thoughtful leaders.
References
List Three Professional and/or Personal References (Name, Position, Phone, Email):
Yuan Hawkes, PhD, Vice Chair Community Servies Commision, Temecula Jim McLaughlin, Community Leader, VPe Twin Cities Toastmasters Temecula Self -Selection Options
Question applies to multiple boards
Equal Employment Opportunity
The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only.
Question applies to multiple boards
What is your gender?
Question applies to multiple boards
What range does your age fall into below?
Question applies to multiple boards
What is your ethnic background?
Attachments
Question applies to multiple boards
MNelsonCV_2024.pdf
Resume - If you wish to attach a resume, please
do so here.
Question applies to multiple boards
Commissioner.docx
Recommendations - If you wish to attach a letter
of recommendation, please do so here.
Michele Nelson
Question applies to multiple boards
Miscellaneous - If you wish to attach other
materials, please do so here.
Acknowledgment
I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act.
W I Agree
Question applies to multiple boards
Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting.
Michele Nelson
Michele Nelson
Solution Sales Engineer and Consultant
SUMMARY
Experienced and knowledgeable Technical Solution Sales Engineer and Consultant committed to maintaining innovative technical skills and up-to-date industry knowledge. Projects solutions with confidence and articulates that into solving problems with empathy and persuasion. Excellent presentation and negotiation skills.
CONTACT
Mobile:
Email:
Hometown: Temecula, CA
Linkedln:
www.linkedin.com/in/michele-
nelson-95aO642
EDUCATION
Master's Degree,
Computer Info Systems
UNIVERSITY OF PHOENIX
- San Diego, CA
Bachelor's Degree,
Accountancy
CALIFORNIA STATE UNIVERSITY
- Long Beach, CA
KEY SKILLS
Value Solution Selling
Effective Persuasive Presenter
Customer Relations
Negotiation skills
Project Management
Analytical skills
Exemplary Communicator
Problem solving
Team leadership
PROFESSIONAL EXPERIENCE
Senior Enterprise Solution Consulting Engineer
DocuSign
June 2022 - July 2023
• Applied advanced sales methodologies to identify prospects, nurture leads, and close deals, leveraging data -driven strategies to increase sales performance and achieve revenue targets.
• Developed and implemented value -driven solutions that addressed client needs and business challenges, resulting in increased client satisfaction, improved operational efficiency, and measurable business growth. • Provided exceptional customer support by addressing inquiries, resolving issues, and delivering solutions, leading to increased customer satisfaction and retention through effective problem -solving and communication. • Accelerated new Account Executives (AE) on industry language, regulations, and common DocuSign use cases.
SME for DocuSign Signature Appliance and Standards Based Signatures Business Intelligence Senior Solution Consulting Engineer DataSelf
Dec 2020 - May 2022
• Designed and implemented customized technical solutions for clients, leveraging in-depth product knowledge and problem -solving skills to address complex requirements and ensure successful project outcomes. • Developed and implemented business intelligence solutions, including data visualization and reporting tools, to deliver actionable insights and support strategic decision -making, resulting in improved operational efficiency and business performance.
• Configured and optimized ETL processes to efficiently extract, transform, and load data across various systems, enhancing data accuracy and reducing processing time for improved business intelligence.
• Led the development and execution of Proof of Concept (POC) projects, validating technical feasibility and showcasing potential solutions to stakeholders, resulting in informed decision -making and successful project adoption.
• Architected and integrated disparate data systems, designing scalable solutions to streamline data flow, enhance interoperability, and ensure seamless access and analysis across platforms.
• Created Statements of Work (SOWs) for complex projects, detailing scope, deliverables, timelines, and resource requirements, ensuring alignment with client expectations and project objectives.
LEADERSHIP
Business Intelligence Solution Architect and Consultant DXC Technology
Sep 2018 — Aug 2020
Data Science Certificate
UCLA -2024
Fostered strong team collaboration by coordinating with cross -functional teams, sharing insights, and driving joint efforts to successfully complete Data Analyst Certificate
projects and meet organizational objectives.
Calbright College -2024
Developed and managed intellectual property (IP), including proprietary content, to enhance product viability and support strategic business initiatives with over $1 million in revenue.
President
Twin Cities Business Leaders
Demonstrated expertise in AWS and Azure cloud platforms, utilizing their Toastmasters, Temecula
services for scalable solutions, optimizing cloud infrastructure, and enhancing system performance to meet organizational needs.
2024 - 2025
Business Intelligence Solution Architect and Consultant CASA
Global Software, Inc.
Court Appointed Special Advocates
Apr 2017 — Sep 2018
(Foster Children)
Temecula
2014
Fostered strong team collaboration by coordinating with cross -functional teams, sharing insights, and driving joint efforts to successfully complete projects and meet organizational objectives.
BIG Sister BIG Brother
BIG Sister Advocate
Proficient in web -based technologies, including HTML, CSS, JavaScript, and modern frameworks (Rest API, SOAP), with experience in building and San Diego, CA
maintaining responsive, user -centric websites and applications. 2004
• Demo2win technique and philosophy of Tell -Show -Tell which resulted in increased revenue.
USNR, Retired
• Extracted and analyzed financial data from ERP systems leading to improved financial reporting accuracy and a 15% reduction in month -end close time.
TECHNOLOGIES
• Automatically consolidate financial data such as taxes, financial year-end reports, and prepare filing docs.
• Create Self -serve BI reports that compare performance metrics, forecast ERP (D365, Sage, Acumatica,
sales, revenue, expenses, inventory, and more.
etc.)
Business Intelligence (Tableau,
Business Intelligence Solution Architect and Consultant PowerBI, B1360, Action
Solver Technologies
Analytics)
Aug 2015 — Mar 2017
Data Warehouse SQL, NoSQL
• Subject Matter Expert (SME) for Corporate Performance Management (CPM) DHTML, Javascript, CSS, XML, IIS,
Provided strategic guidance and expertise in CPM systems, including AJAX
budgeting, forecasting, and performance analytics.
ASP, PHP
Led the implementation of CPM tools, developed customized solutions to eCommerce technologies
optimize financial planning processes, and trained cross -functional teams on best practices and system functionalities.
Adobe Suite
Managed the full sales cycle from prospecting and lead generation to closing Microsoft Suite
and post -sales support, achieving a 30% increase in sales.
AWS, Azure, Scala
Demonstrated expertise in identifying client needs, delivering tailored solutions, and building long-term relationships to drive revenue growth.
Python, R programming
language
Configured and optimized natural language query interfaces for analytics, enhancing user interaction.
Hadoop
Designed and implemented BI solutions using tools such as, Power BI, Security and ethics
resulting in a 30% reduction in report generation time or a 20% increase in data -driven decision -making.
September 4, 2024
RE: Commissioner
Dear Mr. Mayor and city council members,
I am writing to enthusiastically recommend Ms. Michele Nelson for the position of Commissioner with the City of Temecula. I have had the pleasure of knowing her for the last two years, and in that time, I have witnessed her exceptional commitment to public service, leadership abilities, and deep-rooted passion for community development.
Michele has lived in Temecula for 20 years. She possesses a remarkable combination of skills and experiences that make her an outstanding candidate for this role. Her background in the Navy, and her degree in accounting, has equipped her with a thorough understanding of municipal operations and the intricacies of community engagement. For instance, her role as VP of membership at our club involved building membership, demonstrating her ability to handle complex issues with poise and effectiveness.
Michele's most notable strength is her exceptional communication skills. Currently, she is serving as the president of Twin City Business Leaders Toastmasters club, where we met and got acquainted. She has a unique talent for articulating complex ideas in a clear and compelling manner, which has been instrumental in leading our club. This skill will undoubtedly serve her well as a commissioner, where clear communication and the ability to convey the needs and concerns of the community are crucial.
In addition to her professional qualifications, Michele is a person of outstanding character. Her commitment to integrity, transparency, and ethical leadership is evident in all her endeavors. She consistently goes above and beyond to ensure that her work benefits the community, demonstrating a deep respect for the diverse needs and perspectives of all citizens.
Michele also has a proven track record of collaborative teamwork and innovative problem -solving. Her ability to work effectively with diverse groups and stakeholders has led to the successful implementation of several initiatives, including membership building campaigns in our Toastmasters club. These experiences have honed her ability to navigate complex challenges and drive positive outcomes for the community.
In summary, Ms. Nelson is an exceptional candidate for the Commissioner position.
Her extensive experience, impressive skill set, and unwavering dedication to public service make her an ideal fit for this role. I am confident that Ms. Nelson will bring valuable insights, strong leadership, and a genuine commitment to the City of Temecula.
Thank you for considering Ms. Nelson for this important position. Please feel free to contact me if you require any additional information or have further questions.
Sincerely,
Yuan Hawkes
Yuan Hawkes, PhD, Vice Chair, Community Services Commission, City of Temecula
Submit Date: Sep 27, 2024
City of Temecula - Boards, Committees and Commissions
Appointment Application
Important Information
The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered.
Profile
Laura V Reich
First Name Middle Last Name
Initial
Home Address
temecula
City
Suite or Apt
CA 92592
State Postal Code
Which district do you live in? Find your district here:
https://temecula.maps.arcgis.com/apps/instant/lookup/index.htmi ? appid=e9f3983bc7e649e49143b806f901029d *
W District 3
Email Address
Mobile:
Primary Phone
The City of Temecula has multiple boards, committees and commissions. While more than one selection may be made below, applicants are encouraged to only select those that they truly wish to serve on and those that are actively recruiting for members.
Thank you.
Note:
1. The 2024 vacancy for the Old Town Local Advisory Committee is specifically for an architect.
2. While there are no vacancies that currently exist, vacancies will exist effective January 1, 2025.
Which Boards would you like to apply for?
Community Services Commission: Submitted
Education and Employment
Laura V Reich
List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application.
San Diego State University University of Cincinnati - BA List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application.
LUXE Home Interiors, Temecula, CA - owner/designer - 2005 - 2010 Ist Bank, Sun City,CA - account sales 1992- 1993 Stay at home mom since 1993 1St Stage Property Transformation - Interior Designer October 2023-Present
Service Experience
List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
Balloon &Wine Festival - Kids Fair Co -Chair - Vendor Coordinator Co -Chair -Food/Wine Pairing Co -Chair -Wine by the Glass server
List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
PTSA - Held various prominent positions at elementary, middle and high schools levels in the TVUSD - total of 15 years VHES Broadcast News - producer- 7 years TVIHA - various volunteer positions with hockey teams. Including team manager for the city teams and THVS hockey team. Total of 6 years. Girl Scout Association - leader for same group of girls - 5 years TVYSA - soccer coach - 2 years Scholarship Foundation - member - 1 year Donated remodel design services to Rancho Damacitas Mission Hope/Community Mission of Hope - Front Desk Volunteer - 2 years Community Mission of Hope Champions Luncheon 2023 - Coordinated set up/Decorating Community Mission of Hope Gala 2023 - Coordinated set- up/break down, entertainment Ride The Vines Charity Event through Bike Temecula Valley and CMOH - 2 years Mission Hope- Updating of Empowerment Village 2024 Villa Avanti HOA Board President- 2 years. Board member for 3 years Through the years of living in Temecula, I have donated hundreds of volunteer hours through my church, business, special events and our schools.
Statement of Interest
Laura V Reich
Describe why you wish to serve on this board, committee, or commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific.
I am interested in the opportunity to serve the Community Services Commission. I believe I can help create community enrichment through our parks, community and recreation services the commission seeks. I have been a citizen of the city of Temecula for almost 30 years. I have seen the city grow and prosper. During these years I have given countless volunteer hours to various organizations (please see above). I believe in making a difference in our community. I would like to make a difference in bringing our community together and have people of different cultural backgrounds feel welcome. My experiences in serving the community have given me insight into what works and doesn't work to bring people together. I feel this experience helps me understand, create and provide quality services, activities, programs and facilities for the citizens of Temecula and the surrounding communities. And as a retired manager of messes (MOM), I have the time and creativity, but most importantly, the desire to serve my community. I hope that my interest in this commission as well as my previous involvement in the community and availability to serve will persuade you to choose me as a member. I appreciate your time in reviewing my application and hope to hear from you soon.
Value Statement
Question applies to multiple boards
The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles.
I plan to uphold the values on the principles of the Community Services Commission by promising to follow through with a mission statement. I believe people of all races and cultural backgrounds can work together to build a community we all love and feel safe in. I believe everyone deserves to be heard, valued and included in all of the city services, events and programs regardless race, religious beliefs or sexual preferences. My goal is to help develop parks and recreational areas to promote healthier lifestyles and that all feel welcome in our beautiful city.
References
List Three Professional and/or Personal References (Name, Position, Phone, Email):
SharillCortez - high school principal; W 951 657 0728, ; email - Kim Cervantes - real estate agent ; cell
Britt Sipe - Sunridge Community Church lead pastor
[email protected]
Self -Selection Options
Question applies to multiple boards
Equal Employment Opportunity
The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only.
Laura V Reich
Question applies to multiple boards
What is your gender?
Question applies to multiple boards
What range does your age fall into below?
Question applies to multiple boards
What is your ethnic background?
Attachments
Question applies to multiple boards
September _6.docx
Resume - If you wish to attach a resume, please
do so here.
Question applies to multiple boards
Lau ra_Reich_Recommend ation. pdf
Recommendations - If you wish to attach a letter
of recommendation, please do so here.
Question applies to multiple boards
Lau ra_Reich_letter_of_recommend ation.docx.pdf
Miscellaneous - If you wish to attach other
materials, please do so here.
Acknowledgment
I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act.
V I Agree
Question applies to multiple boards
Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting.
Laura V Reich
September 6, 2024
To Whom It May Concern,
I have known Laura for well over 20 years. She has been a neighbor as well as the parent of a past student of mine. Laura is an individual of high integrity and brings a lot of enthusiasm to everything she does. Laura's application outlining the numerous community organizations that she has helped lead and participate in will help you to quickly ascertain that she is one of those rare people that "gets it done". Her high energy and sense of humor make her someone that others gravitate to and appreciate when there is a task at hand. The Community Services Commission will be an excellent fit for Laura. Her breath of experience in the community is a perfect fit. There have been times when Laura took the lead in various groups and her attention to detail and the ability to motivate others made a huge difference.
It is without reservation that I recommend Laura for the city of Temecula's Community Services Commission. I am familiar with the caliber of individual that the city hopes to find in its Commission members. Without a question Laura is a real find!
Sincerely,
Dale Borgeson
Commissioner Emeritus
k '_' e
,-Avalon
�" Management
Excellence in Association Management
September 7, 2024
Dear Members of the Community Services Commission,
43529 Ridge Park Drive
Temecula, California 92590
Phone: (951) 699-2918
Fax: (951) 699-0522
I am writing to highly recommend Laura Reich for the position with the City of Temecula Community Services Commission. I have had the pleasure of working closely with Laura since she began her tenure on our Community Board of Directors as a volunteer. Over the nearly three years she served on the board, Laura demonstrated exceptional leadership qualities and a profound commitment to our community.
Laura's journey began as a dedicated board member with no prior HOA experience. Her remarkable ability to grasp complex issues and her innate leadership skills were quickly recognized when the board faced serious challenges with its President. The board members, confident in Laura's abilities, asked her to step into the role of Board President —a role she accepted with remarkable grace and efficiency.
In my 15 years working in the HOA industry and collaborating with over 100 board members, I have never witnessed someone with so little initial experience take on the presidency and, within a short period, bring about such significant improvements. Laura's approach was both strategic and empathetic. She worked closely with each board member, understanding their perspectives and fostering a collaborative environment that transformed our board into a well -functioning and cohesive unit.
Laura's impact as Board President was transformative. She has a unique talent for managing and leading individuals, ensuring that each person's voice is heard and valued. Her exceptional direction has not only improved board operations but also enhanced my effectiveness as the Manager. I am consistently impressed by her proactive approach, her problem -solving abilities, and her dedication to our community's well-being.
Laura Reich embodies the qualities that are essential for effective community service —leadership, dedication, and a collaborative spirit. I am confident that she will bring the same level of excellence and commitment to the City of Temecula Community Services Commission. She has my highest recommendation, and I am certain she will make a significant positive impact in this new role.
Thank you for considering Laura for this position. Should you require any further information, please feel free to contact me.
Sincerely,
Traci Russell
Senior Community Manager, CMCA, AMS
MISSION H '= PE
Helping people access healthy food and stable housing since 1984 BOARD OF DIRECTORS Dear Members of the Community Services Commission, Steve Hargis, Chair
Technology Executive
I'm writing to wholeheartedly recommend Laura Reich for a position on the Temecula Community Services Commission. Laura has been a dedicated volunteer at Mission Nicole Albrecht, vice-Chaw
Hope for the past two years, and during that time, she has proven herself to be a Treasurer
Elite Tax Partners
compassionate, professional, and deeply committed member of our team. p p Y
Monica Hargis, Secretary
Laura's primary role has been at our busy front desk, where she consistently interacts Re6redAnalyst
with our clients with kindness and respect. Her professionalism in handling a wide range Christen@ Close,
of situations is impressive, and she always goes the extra mile to ensure everyone feels Immediate past Chair
welcomed and supported.
Murrieta Davalopment, Inc_
Beyond her regular duties, Laura is the first to step up whenever additional opportunities John Broussard
to serve arise. She has taken the lead on various projects, seeing them through from Edur,ator1Author
start to finish with enthusiasm and dedication. Her love for the Temecula community Howard Fraser
shines through in everything she does, and her passion for helping others is truly Retired Educator
inspiring.
Joseph Gray
As a resident of Temecula, I would be proud to have Laura serve on the Community I}RMatrix
Services Commission. Her ability to connect with others and foster positive relationships Stetanl Laszko
is a significant asset, and I believe she would be an excellent representative of our MythcsTechnology
community.
Lyman Legters
Casey Family Programs
Thank you for considering Laura Reich for this important position. If you have an Y 9 P P Y Y
questions or need further information, please feel free to contact me.
James Nakakihara
Educator
Sincerely,
Kimberly Palmer
Mason Real Estate
Allison Willits
Director of Operations
Tom R*ney
Mission Hope
Up On The Roof_ Inc_
Sonia Tagliaferri
Kaiser Permanente
Scott Treadway
Rancho United
Laurie Webster
WebSec Cv"ration
Dnnyse Wilson
Real Estate Places
Tax ID# 95-3551068
Mission Hope 141760 Rider Way, Temecula, CA 92590 1 951-444-1404 1 www.missionhope.com
Submit Date: Sep 20, 2024
City of Temecula - Boards, Committees and Commissions
Appointment Application
Important Information
The appointment process is a public process subject to the Ralph M. Brown Act and Public Records Act. An applicant presentation is required at a City Council meeting. An applicant must be a resident of the City of Temecula at the time the application is submitted. All applications on file at the close of an advertised period for a vacancy will be considered.
Profile
Thomas J Renzy
First Name Middle Last Name
Initial
Home Address
Temecula
City
Suite or Apt
CA 92592
State Postal Code
Which district do you live in? Find your district here:
https://temecula.maps.arcgis.com/apps/instant/lookup/index.htmi ? appid=e9f3983bc7e649e49143b806f901029d *
W District 3
Email Address
Mobile:
Primary Phone
The City of Temecula has multiple boards, committees and commissions. While more than one selection may be made below, applicants are encouraged to only select those that they truly wish to serve on and those that are actively recruiting for members.
Thank you.
Note:
1. The 2024 vacancy for the Old Town Local Advisory Committee is specifically for an architect.
2. While there are no vacancies that currently exist, vacancies will exist effective January 1, 2025.
Which Boards would you like to apply for?
Community Services Commission: Submitted
Education and Employment
Thomas J Renzy
List Educational Background (Degrees, Licenses, Certificates, etc.). State "see resume" if attaching a resume with this information at the end of this application.
See resume for more information.
List Employment History for Five Years (Employer Name and Address, Position Title, Primary Responsibilities). State "see resume" if attaching a resume with this information at the end of this application.
Cisco Systems - 170 West Tasman Drive San Jose California 95134. 1 have worked there for the last 17 years (see resume).
Service Experience
List Previous City/County/State Board/Committee/Commission Service (Name of Entity, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
I don't currently have any experience with City/County/State Board/Committee/Commission Service jobs or duties.
List Organizational Service (Professional, Technical, Volunteer, Non -Profit, Service Clubs) (Name of Group, Positions Held, Years of Service). State "see resume" if attaching a resume with this information at the end of this application.
Watch DOGS (Dads of Great Students) Coach (Football, Lacrosse) Statement of Interest
Describe why you wish to serve on this board, committee, or commission, how you have engaged with the City previously (i.e., attending meetings and events, etc.), and why you believe you are qualified for the position. Please be specific.
My desire to apply for this position as a 14 year resident is to give back to the city of Temecula and it's residents. Temecula is a wonderful town and my family and I feel very fortunate to live here. We have also come to know a lot of the people in our community who were very giving. Though I have never served on a board, committee, or commission, I have a strong desire to give back to the community in Temecula. I feel that the community services commission would be an excellent way to give back to the city that has given myself and my family so much. My current employer (Cisco) encourages us to give back which is another reason for me to look at this great opportunity. I am both a fast learner and willing to do whatever is needed.
Value Statement
Thomas J Renzy
Question applies to multiple boards
The City of Temecula places a high value on the principles of equity, diversity and inclusion. If appointed, how would you uphold and/or contribute to these principles.
I would uphold these principles by making sure that any projects and decisions that are made: Do these projects and decisions provide benefit to all the citizens of Temecula, regardless of color, race, religion? Do we have good representation in these projects? Ensure that ALL decisions that are made are inclusive and to the benefit of Temecula residents.
References
List Three Professional and/or Personal References (Name, Position, Phone, Email):
Cory Smith, JCraig Rubin,
Craig Buckley,
Self -Selection Options
Question applies to multiple boards
Equal Employment Opportunity
The City of Temecula is required by federal and state law to collect certain information and maintain statistical data on applicants. Your responses to the next three questions are confidential and will be filed and tracked separately from your application for appointment. Results are used for reporting purposes only.
Question applies to multiple boards
What is your gender?
Question applies to multiple boards
What range does your age fall into below?
Question applies to multiple boards
What is your ethnic background?
Attachments
Question applies to multiple boards
resume _ city _of Temecula.txt
Resume - If you wish to attach a resume, please
do so here.
Thomas J Renzy
Question applies to multiple boards
Recommendations - If you wish to attach a letter
of recommendation, please do so here.
Question applies to multiple boards
Miscellaneous - If you wish to attach other
materials, please do so here.
Acknowledgment
I understand that any or all information on this form may be verified. I consent to the release of this information pursuant to the California Public Records Act.
fJ I Agree
Question applies to multiple boards
Note: Please click "save" to ensure proper retention of all information, including attachments, prior to viewing/printing PDF and submitting.
Thomas J Renzy
Thomas Renz
Temecula CA 92592
Cell:
Objective
Seeking a challenging position where I can leverage my experience and expertise in network design,
implementation, and operations to help businesses gain a competitive advantage.
Summary of Qualifications
- Over 20 years experience in Computer Networking
- In-depth knowledge of network design and architectures - Strong ability to apply technical solutions to business requirements - Extensive experience working with a wide range of customers from Retail, Healthcare, to Financial
- Expert troubleshooting and analytical skills
- Self Motivated requiring little management oversight
- Ability to work effectively with colleagues and customers - Ability to interact effectively with C-level executives and senior business managers
- Excellent written and oral communication skills
- Ability to deliver presentations and convey design and technical strategies to multiple audiences
- Designed and Proctored Walk In Self Paced Labs for Cisco Live Areas of Technical Expertise
- Routing Protocols: BGP, EIGRP, OSPF, MPLS, RIP
- Data Center Designs using Application Centric Infrastructure (ACI) - Automation tools such as Ansible, Terraform, Python
- Routed Protocols: TCP/IP, IPv6, IGMP, PIM, DNS (BIND) - Data Center Platforms: Nexus 9000, 7000/7700, Nexus 6000/5500, FEX 2232/2248 - Policy Controllers : Cisco Application Policy Controller (APIC) - Router Platforms: ASR 1000, ISR-G2 (2900/3900), CSR1000v - LAN Platforms: Catalyst 6500/6880-x, Catalyst 4500/4500-X, Catalyst 3750/3850 - WAN: MPLS L3 VPN, PfR, Ethernet, OC-3/12, DS3, Frame -Relay - LAN: STP/RSTP/MSTP, Etherchannel, VPC, FEX, VLAN, VLAN Trunking - Security: IKE, IPSec, DMVPN, GETVPN, TACACS+, RADIUS
- Operating Systems: Cisco IOS, Cisco NX-OS, UNIX, Mac OSX, Linux - Scripting: Python, EEM, UNIX Shells
- Tools: Wireshark, tcpdump, IOS packet capture, Ethanalyzer Profession Experience
Technical Leader
Cisco
April 2007 - Present
As Technical Leader:
* Worked with a wide range of customers in High Tech, Financial, Retail, and Bio-tech.
* Provided technical leadership for AS customers on a number of their designs and initiatives
* Successfully helped lead customer projects for new network designs around ACI, Data Center and WAN.
* Led Proactive Design Reviews for existing environments * Provided escalation support with TAC on critical issues * Led discussions on business requirements for new projects. * Worked closely with Account Teams to drive new business and renewals for
AS subscription accounts.
* Provided training to customers on Data Center, Routing, Switching, and other technologies.
* Participated in AS virtual teams for IPv6 and Security (DMVPN, GETVPN) * Mentored Junior Network Consulting Engineers and GSP Team members Symantec Corporation Sunnyvale, California, USA
Network Architect (June 2005 - April 2007)
As the architectural and technical lead for Symantec's Global Network team:
* Successfully led the integration of the VERITAS and Symantec Networks. * Led the redesign and implementation of Symantec Corporation's world wide WAN in twelve months.
* Designed a new corporate lights out Data Center network. * Led Symantec's Data Center consolidation effort that resulted in a savings of $7 Million.
* Architected a solution to secure Securing traffic over the Global WAN using Dynamic Multipoint VPN (DMVPN).
* Domain Name System using BIND 8.x, 9.x on Sun Solaris and Linux. * Hostmaster responsibility for over 170 domain names including symantec.com
* Designed a global IP address management and allocation scheme. * Provided escalation for complex network issues for NOC and junior engineers.
* Contributed to the development and mentoring junior Network engineers.
VERITAS Software, Inc., Sunnyvale, California, USA
Senior Network Engineer (May 1999 - July 2005)
Architected, planned, implemented, and managed:
* Corporate WAN Design and administration
* Corporate standard for IP addressing allocation and management. * Administration of Cisco router and switch platforms
* IP routing protocols BGP, EIGRP, OSPF, RIP.
* Large Campus LAN Design with Cisco Switches using HSRP, VTP, and STP. * Multihomed Internet architecture using BGP.
* Domain Name System using BIND 8.x, 9.x on Sun Solaris. * Hostmaster responsibility for over 170 domain names.
* IP administration and registration responsibilty for Internet networks. * Enterprise Wide IP Multicast for streaming video and training. * Planned and executed network maintenance activities.
* Provided training for our Junior Network Engineers and Network Operations team.
Seagate Software, Orlando, Florida, USA
Network Engineer (Feb. 1997 - May 1999)
Design, implementation, deployment, and management of:
* Local and wide -area networks across 20 company sites with 1000 users. * IP, AppleTalk, and IPX networks using EIGRP, IPX EIGRP, RIP. * Cisco routers 2500, 4500, 7500.
* LAN switch adminstration using Cisco Catalyst 5500 and 2900. * Redundant internet firewalls using Checkpoint Firewalls. * Migration of IP space to private Internet addressing (RFC1918) globally. * Integration with Seagate Technology World Wide network. * Remote access (PPP over POTS and ISDN).
* Internet services (WWW (Apache), FTP, sendmail hacks) hosted on Solaris. * DNS administration using BIND 4.x and 8.x.
* Hostmaster reponsibilities for all domains and IP addresses.
WorldRamp Internet, Inc., Orlando, Florida, USA
Network and UNIX Administrator (Aug. 1996-Feb. 1997)
Network and UNIX Systems engineer for ISP network, including:
* DNS administration for over 200 domain names.
* Solaris systems administration.
* Ascend router configuration for customer connections. * T-1, Frame Relay, ISDN, DSO, and analog connections.
* Email (SMTP/POP3/sendmail) and Web (Apache) server administration. * Systems programming in C, Perl, and Unix shell scripting. * Client -facing consultation involving Unix, Networking, and cable installation.