The URL can be used to link to this page

Home My WebLink About052411 CC Agenda In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the office of the City Clerk (951) 694-6444. Notification 48 hours prior to a meeting will enable the City to make reasonable arrangements to ensure accessibility to that meeting [28 CFR 35.102.35.104 ADA Title II] AGENDA TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 24, 2011 — 7:00 PM At approximately 9:45 P.M., the City Council will determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and may continue all other items on which additional time is required until a future meeting. All meetings are scheduled to end at 10:00 P.M. 6:00 P.M. — The City Council/Temecula Redevelopment Agency will convene in Closed Session in the Canyons Conference Room on the third floor of the Temecula City Hall concerning the following matters: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding one parcel of real property owned by Mr. and Mrs. Oto consisting of approximately 4.86 acres (APN 940-140-010) located on the escarpment west of the City limits in unincorporated Riverside County at 43955 Via Horca. The parties to the negotiations for the purchase of the property are the Mr. and Mrs. Oto, Riverside County Regional Conservation Authority and the City of Temecula. Negotiators for the City of Temecula are: Bob Johnson, Patrick Richardson, and Luke Watson. Under negotiation are price and the terms of the City and Authority's purchase of the property. 2) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is Hargis et al, v. City of Temecula, Redevelopment Agency of the City of Temecula, et, aL, Riverside County Superior Court Case No. RIC 522582. 3) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to one matter of pending litigation to which the City is a plaintiff. The title of the litigation is City of Temecula, et, al, v. Tovey/Shultz Construction, lnc., et, al., Riverside County Superior Court Case No. RIC 541908 (Old Town Community Theater construction litigation). Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. Next in Order: Ordinance: 11-02 Resolution: 11-35 1 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Susan Miyamoto Invocation: Pastor John Wells of Mountain View Community Church Flag Salute: Council Member Edwards ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the City Council on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the City Council on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Council Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the City Council addressing that item. There is a five-minute time limit for each speaker. CITY COUNCIL REPORTS Reports by the members of the City Council on matters not on the agenda will be made at this time. A total, not to exceed, 10 minutes will be devoted to these reports. CONSENTCALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 Standard Ordinance and Resolution Adoption Procedure RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. 2 Action Minutes RECOMMENDATION: 2.1 Approve the action minutes of May 10, 2011. z 3 List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Financial Statements for the Nine Months Ended March 31, 2011 RECOMMENDATION: 4.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2011; 4.2 Approve an appropriation of $130,000 in the City Attorney line item budget for legal services. 5 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Communitv Recreation Center (CRC) Enerqv Manaqement and Retrofit Proiect - FY 2011-12, Proiect No. PW11-O5 RECOMMENDATION: 5.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center (CRC) Energy Management and Retrofit Project — FY 2011-12, Project No. PW11-O5. 6 Acceptance of Improvements and Notice of Completion for the Citvwide Storm Drain Improvements, Rancho California Road at Vincent Moraqa Drive, Proiect No. PW09-09 RECOMMENDATION: 6.1 Accept the construction of the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW 09-09, as complete; 6.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 6.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 3 7 Resolution of Support for Senate Bill 264 (Correa) Recreational Activities: Skateboard Parks (at the request of Mavor Roberts) RECOMMENDATION: 7.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT SENATE BILL 264 (CORREA) WHICH WILL EXTEND QUALIFIED IMMUNITY TO LOCAL PUBLIC AGENCIES THAT OPERATE PUBLIC SKATEBOARDING PARKS INDEFINITELY, PROVIDED THAT THEY MEET CERTAIN REQUIREMENTS ::::::�:::::::�::: RECESS CITY COUNCIL MEETING TO SCHEDULED MEETINGS OF THE TEMECULA COMMUNITY SERVICES DISTRICT, THE CITY OF TEMECULA REDEVELOPMENT AGENCY, THE TEMECULA HOUSING AUTHORITY, AND THE TEMECULA PUBLIC FINANCING AUTHORITY ::::::�:::::::�::: 4 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-03 CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Board of Directors on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Board of Directors on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or District Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Board of Directors addressing that item. There is a five-minute time limit for each speaker. CSD CONSENT CALENDAR 8 Action Minutes RECOMMENDATION: 8.1 Approve the action minutes of May 10, 2011. 9 Financial Statements for the Nine Months Ended March 31, 2011 RECOMMENDATION: 9.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2011; 9.2 Approve an appropriation of $150,000 in the TCSD Parks and Recreation Operating Budget for legal services. 10 Food, Beveraqe, and Alcohol Beveraqe Sales Aqreement with Sherrv Berrv Music RECOMMENDATION: 10.1 Approve an agreement with Sherry Berry Music to provide food, beverage, and alcoholic beverage sales at the Old Town Temecula Community Theater for three (3) years beginning April 1, 2011 with two (2) additional one (1) year extensions. s 11 Amendments to Annual Aqreements for various services required bv the Communitv Services Department Maintenance Division for fiscal vear 2011-2012 RECOMMENDATION: 11.1 Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011-2012 for routine maintenance and emergency services for various Maintenance Division needs. General Maintenance Contractor Services: Always Reliable Backflow $25,000 Certified Pool Water Specialist $20,000 Clear Image Window Cleaning $30,000 Diamond Environmental Services $30,000 Golden State Fire Protection, Inc. $30,000 Priority Door Systems $20,000 South County Pest Control $20,000 Southern California Sound, Stage & Lighting$20,000 Steam Superior $30,000 Straight Line Glass $10,000 Temecula Valley Security Center $20,000 12 Harveston Center Lease Aqreement RECOMMENDATION: 12.1 Approve a three year lease agreement, in its substantial form, with an option for two additional one year terms to operate the Harveston Center in the Harveston development as a community activity center; 12.2 Appropriate $30,000 from TCSD Fund Balance to provide tenant improvements and equipment at the Harveston Center to accommodate classes and programs. CSD DEPARTMENTAL REPORT 13 Communitv Services Department Monthlv Report CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Wednesday, May 25, 2011, at 10:00 A.M., for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. 6 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-07 CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Roberts, Washington, Naggar RDA PUBLIC COMMENTS A total of 30 minutes is provided so members of the public may address the Agency Members on items that appear within the Consent Calendar or ones that are not listed on the agenda. Each speaker is limited to three minutes. If the speaker chooses to address the Agency Members on an item listed on the Consent Calendar or a matter not listed on the agenda, a Request to Speak form must be filled out and filed with the City Clerk. Once the speaker is called to speak, please come forward and state your name for the record. For all Public Hearing or Agency Business items on the agenda, a Request to Speak form must be filed with the City Clerk prior to the Agency Members addressing that item. There is a five-minute time limit for each speaker. RDA CONSENT CALENDAR 14 Action Minutes RECOMMENDATION: 14.1 Approve the action minutes of May 10, 2011. 15 Financial Statements for the Nine Months Ended March 31, 2011 RECOMMENDATION: 15.1 Receive and file the Financial Statements for the Nine Months Ended March 31, 2011. 16 Aqreement between Melodv's Ad Works and the Redevelopment Aqencv for FY 2011- 12 RECOMMENDATION: 16.1 Approve an agreement with Melody's Ad Works, Inc. in the amount of $39,700 for promoting and marketing Special Events in Old Town for FY 2011-12. RDA DEPARTMENTAL REPORT 17 Redevelopment Department Monthlv Report 7 RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Wednesday, May 25, 2011, at 10:00 A.M., for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. s TEMECULA HOUSING AUTHORITY MEETING — no meeting TEMECULA PUBLIC FINANCING AUTHORITY MEETING — no meeting 9 RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 18 An Interim Urqencv Ordinance for a Citvwide moratorium on the approval of Conditional Use Permits for businesses to sell alcoholic beveraqes for off sale consumption (LR11- 00071 RECOMMENDATION: 18.1 Adopt an Interim Urgency ordinance entitled: URGENCY ORDINANCE NO. 11- AN INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA DEPARTMENTAL REPORTS 19 Planninq Department Monthlv Report 20 Economic Development Departmental Report 21 Public Works Department Monthlv Report 22 Citv Council Travel/Conference Report - April 2011 23 Police Department Monthlv Report CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Wednesday, May 25, 2011, at 10:00 A.M., for the purpose of a Budget Workshop, Civic Center - Conference Center, 41000 Main Street, Temecula, California. 10 NOTICE TO THE PUBLIC The agenda packet (including staff reports) will be available for viewing at the Main Reception at City Hall (41000 Main Street, Temecula) or at the Temecula Library (30600 Pauba Road, Temecula) after 4:00 PM the Friday before the City Council meeting. At that time, the packet may as well be accessed on the City's website —www.citvoftemecula.orq Supplemental material received after the posting of the Agenda Any supplemental material distributed to a majority of the City Council regarding any item on the Agenda, after the posting of the Agenda, will be available for public review at the Main Reception at the Civic Center (41000 Main Street, Temecula — 8:00 — 5:00 PM). In addition, such material will be made available on the City's web — www.citvoftemecula.orq — and will be available for public review at the respective meeting. If you have any questions regarding any item of business on the Agenda for this meeting, please contact City Clerk's Department — 951-694-6444. 11 CONSENT CALENDAR Item No. 1 Item No. 2 ACTION MINUTES TEMECULA CITY COUNCIL A REGULAR MEETING CITY COUNCIL CHAMBERS 41000 MAIN STREET MAY 10, 2011 — 7:00 PM 6:00 P.M. - Closed Session of the City Council/Temecula Redevelopment Agency pursuant to Government Code Section: 1) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding three parcels of real property in the City of Temecula: (1) 42221 Main Street (APN 922-053-038) owned by Jong C. Han; (2) 42100 Main Street (APNs 922-045-020, 922-045-013, 922-045-014 and 922-045-015) owned by Parker Family Enterprises; and (3) 42045 Third Street (APN 922-045-016) owned by Trust of John B. Kilgore. Negotiating parties are Bob Johnson and Patrick Richardson on behalf of the City of Temecula and the Redevelopment Agency of the City of Temecula and the owners of the designated parcels Jong C. Han, Parker Family Enterprises and Trust of John B. Kilgore. Under negotiation are price and the terms of the City and Agency's purchase of the parcels of real property. 2) Conference with real property negotiators pursuant to Government Code Section 54956.8 regarding the lease of the Harveston Welcome Center consisting of approximately .80 acre of a 2.45 acre parcel of real property located at 40135 Village Road, Temecula (a portion of APN 916-560-006). Negotiating parties are Herman Parker, Director of Community Services, on behalf of the City of Temecula and the Temecula Community Services District and the owner of the property LSK, LLC. Under negotiation are price and the terms of the City/TCSD's lease of the property. 3) Conference with City Attorney pursuant to Government Code Section 54956.9(a) with respect to two matters of pending litigation to which the City is a party. The title of the litigation is City of Temecula v. Pechanga Band of Luiseno lndians, United States District Court Case No. CV10-07378 DSF(VBK), Central District of California and City of Temecula v. Pechanga Band of Luiseno lndians, Riverside Superior Court Case No. RIC10019644. Public Information concerning existing litigation between the City and various parties may be acquired by reviewing the public documents held by the City Clerk. At 6:08 P.M., Mayor Roberts called the City Council meeting to order and recessed to Closed Session to consider the matters described on the Closed Session agenda. The City Council meeting convened at 7:00 P.M. Action Minutes\051011 1 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Country at the Merc Invocation: Pastor John Ruhlman of Life Church Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts PRESENTATIONS/PROCLAMATIONS Citv of Murrieta Citv Council Presentation-Realitv Rallv WRCOG Presentation on AB 811 — Supervisor Jeff Stone National Weather Service Award to John Tolman Certificates of Achievement for Eaqle Scouts PUBLIC COMMENTS The following individuals addressed the City Council: • Sandi Capel/Gwyn Sanborn • Kathy Vining • Jimmy Moore • Paul Runkle • Florencia J. Juarez • Stephanie Victor • Bryon Caponera • Stephen Eldred • Tom Vining • Mark Katan CITY COUNCIL REPORTS CONSENTCALENDAR 1 Standard Ordinance and Resolution Adoption Procedure - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 1.1 Motion to waive the reading of the text of all ordinances and resolutions included in the agenda. Action Minutes\051011 2 2 Action Minutes - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 2.1 Approve the action minutes of April 19, 2011; 2.2 Approve the action minutes of April 26, 2011. 3 List of Demands - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 11-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Citv Treasurer's Report as of March 31, 2011 - Approved Staff Recommendation (5-0- 0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of March 31, 2011. 5 Approve the Sponsorship Request for the 2011 Komen Inland Empire Race for the Cure - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 5.1 Approve the Event Sponsorship Agreement in the amount of $22,500 cash, city- support costs in the amount of approximately $14,981 and promotional services valued at $12,865 for the 2011 Komen Inland Empire Race for the Cure and authorize the Mayor to execute the Agreement. Action Minutes\051011 3 6 Purchase of Four Honda Police Motorcvcles - Approved Staff Recommendation (5-0- 0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 6.1 Approve the purchase of four Honda Police Motorcycles for a total amount of $79,264. 7 Aqreement for Librarv Operations Services at the Temecula Public Librarv between the Citv of Temecula and the Countv of Riverside - Approved Staff Recommendation (5- 0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 7.1 Approve the five year Agreement for Library Operations Services at the Temecula Public Library between the City of Temecula and the County of Riverside for an annual amount not to exceed $180,000. 8 Authorization to spend $50,000 on medical supplies with Life Assist - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 8.1 Approve the request to spend $50,000 on the purchase of inedical supplies with Life Assist, Inc. for fiscal year 2010/2011. 9 Temporarv Street Closures for 2011 Summerfest Events - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 9.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2011 Summerfest Events: 'WESTERN DAYS' 'OLD TOWN TEMECULA STREET PAINTING FESTIVAL' '4TH OF JULY PARADE' '4TH OF JULY FIREWORKS' Action Minutes\051011 4 10 Transportation Uniform Mitiqation Fee (TUM� Reimbursement Aqreements with the Western Riverside Council of Governments MIRCOG) for the State Route 79 (SR- 79)/Western Bvpass Bridqe Proiect - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 10.1 Approve Amendment No. 1 to decrease the current TUMF Reimbursement Agreement by $310,000 between the City and WRCOG for the Plans, Specifications, and Estimates (PS&E) Phase of the SR-79Mlestern Bypass Bridge Project; 10.2 Approve a new TUMF Reimbursement Agreement in the amount of $310,000 between the City and WRCOG for the Right-of-Way (ROV� Phase of the SR- 79Mlestern Bypass Bridge Project; 10.3 Authorize the City Manager to execute the TUMF documents. 11 Third Amendment to the Professional Services Aqreement with KRW & Associates for Enqineerinq Plan Check, and Map and Leqal Description Review for fiscal vear 2011- 2012 - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 11.1 Approve a Third Amendment to the Professional Services Agreement with KRW & Associates in the amount of $15,000 for Engineering Plan Check, and Map and Legal Description Reviewfor fiscal year 2011-2012. 12 Approval of Amendments to the Annual Aqreements for Title and Escrow Services and Landscape Plancheck and Inspection Services for various Capital Improvement Proiects for fiscal vear 2011-2012 - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 12.1 Approve the amendments to the following annual agreements for Title and Escrow Services and for Landscape Plancheck and Inspection services for various Capital Improvement Projects (CIP) Division project needs for fiscal year 2011-2012. Title and Escrow Services Chicago Title $ 30,000 Landscape, Plan Check David Neault & Associates $100,000 & Inspection Services Action Minutes\051011 5 CONSENT CALENDAR ITEM NO. 13 WAS PULLED FOR SEPARATE DISCUSSION 13 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for Marqarita Road Riqht-of-Wav Enhancements, Proiect No. PW10-04 - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 13.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for Margarita Road Right-of-Way Enhancements, Project No. PW10-04. Carol Monroe addressed the City Council with regard to this item. 14 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Citvwide Pavement Rehabilitation Proqram, Proiect Nos. PW10-O5b and PW10-O5d - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 14.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Citywide Pavement Rehabilitation Program, Project Nos. PW10-O5b and PW10-O5d. 15 Citv of Temecula Traffic Impact Analvsis Guidelines - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 15.1 Adopt a resolution entitled: RESOLUTION NO. 11-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADOPTING TRAFFIC IMPACT ANALYSIS GUIDELINES, DATED MAY 2011 Action Minutes\051011 6 16 Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Librarv Parkinq Expansion, Proiect No. PW08-07 - Approved Staff Recommendation (5-0-0) — Council Member Washington made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval RECOMMENDATION: 16.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Library Parking Expansion, Project No. PW08-07. At 833 P.M., the City Council convened as the Temecula Community Services District, the Redevelopment Agency, the Temecula Public Financing Authority, and the Temecula Public Financing Authority. At 8:43 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 27 Supportive Housinq/Services White Paper - Approved Staff Recommendation as amended by renaming the Homeless Shelter Ad Hoc Subcommittee as the Supportive Housing/Services Ad Hoc Subcommittee (5-0-0) — Council Member Naggar made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval RECOMMENDATION: 27.1 Approve the recommended Actions Steps outlined in the Supportive Housing/Services White Paper. Planning and Redevelopment Director Richardson provided the staff report (as per agenda material). The following individuals addressed the City Council: • Liz Calanche • Bret Kelley • Patrick M. Schmidt • Dan Atwood • Ed Morel • Jan Bates • Jessica Fields • Brittany Walden • Bob Taylor • Caroll Bettencourt • Benjamin Augustson • Taylor Jones • Kandis Howell • Lee Mark • Angela Bendon • Mike Orth Action Minutes\051011 7 • Charles A. Avery • Allen Byrd • Gail Ewing • Jim Ewing • Lois M. Richardson • Ron Sieber • Richard Tyrrell • Andrea Ireland • Gayle Kleeger • Tom Vining • Bernard Budnay • Bill Jackson • Kathy Vining • Duke Seino • John Rosingana • JoAnna Schultz • Ted Webiner • Paulette Dickens • Zac Elliott • Ron Gerdes • Erik Johnson • Frederick Grindle • Wayne Hall 28 Formation of Teen Center Ad-Hoc Subcommittee - Approved Staff Recommendation by appointing Council Members Comerchero and Washington to the Ad Hoc Subcommittee (5-0-0) — Council Member Naggar made the motion; it was seconded by Council Member Edwards; and electronic vote reflected unanimous approval RECOMMENDATION: 28.1 Appoint two members to serve on the Teen Center Ad-Hoc Subcommittee. DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT With regard to the three Closed Session Items, City Attorney Thorson noted the following: Item No. 1(real property negotiations) — this matter was not heard and would be continued in order to allow staff to address additional issues; Item No. 2(Lease of the Harveston Welcome Center) — City Council gave staff direction and that there would be no final action taken accept a public meeting. Action Minutes\051011 8 Item No. 3(City of Temecula v. Pechanga Band of Luiseno lndians) — City Council determined by a 4-0 vote (Council Member Naggar absent) to not appeal the decision to dismiss the Federal Court Action and to authorize the City Attorney's office to dismiss the State Court Action. ADJOURNMENT At 12:40 A.M. on Wednesday, May 11, 2011, the City Council meeting was formally adjourned to Tuesday, May 24, 2011, at 530 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] Action Minutes\051011 9 Item No. 3 Approvals City Attorney 5 Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 24, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Leah Thomas, Accounting Specialist RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A BACKGROUND: All claims and demands are reported and summarized for review and approval by the City Council on a routine basis at each City Council meeting. The attached claims represent the paid claims and demands since the last City Council meeting. FISCAL IMPACT: All claims and demands were paid from appropriated funds or authorized resources of the City and have been recorded in accordance with the City's policies and procedures. ATTACHMENTS: Resolution List of Demands RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAW CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $3,044,685.35. Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of May, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of May, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk CITY OF TEMECULA LIST OF DEMANDS OS/OS/2011 TOTAL CHECK RUN $ 555,618.73 OS/12/2011 TOTAL CHECK RUN 2,053,636.99 OS/12/2011 TOTAL PAYROLL RUN: 435,429.63 TOTAL LIST OF DEMANDS FOR OS/2420ll COUNCIL MEETING: $ 3,044,68535 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 762,365.05 130 RECOVERY ACT JAG FUNDING 712.10 140 COMMUNITY DEV BLOCK GRANT 9,333.00 165 AFFORDABLE HOUSING 24,431.15 190 TEMECULA COMMUNITY SERVICES DISTRICT 433,200.52 192 TCSD SERVICE LEVEL B 76,88335 194 TCSD SERVICE LEVEL D 708.17 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 7,373.77 197 TEMECULA LIBRARY FUND 11,941.86 210 CAPITAL IMPROVEMENT PROJECTS FUND 181,404.09 280 REDEVELOPMENT AGENCY - CIP PROJECT 910,407.64 300 INSURANCE FUND 2,983.18 320 INFORMATION TECHNOLOGY 62,036.68 330 SUPPORT SERVICES 15,890.04 340 FACILITIES 38,843.90 375 SUMMER YOUTH EMPLOYMENT PROGRAM 90.48 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,434.49 502 SERVICE LEVEL"C"ZONE 2 V✓INCHESTER CREEK 1,524.74 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 2,05821 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 233.75 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,52334 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 779.02 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 633.40 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 5,668.67 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 7435 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 293.80 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 66.81 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,525.65 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 1,96236 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 512.85 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 664.87 516 SERVICE LEVEL"C"ZONE 16 TRADEV✓INDS 91335 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 76.72 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 3,953.89 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 2,385.50 520 SERVICE LEVEL"C"ZONE 20 CROV✓NE HILL 6,040.58 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 11,941.79 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 19728 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 38434 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 7,115.99 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 1,768.75 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 8023 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 331.53 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 10,04827 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 126.91 700 CERBT CALIFORNIA EE RETIREE-GASB45 4,32930 $ 2,609,255.72 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 241,374.61 165 AFFORDABLE HOUSING 1Q83636 190 TEMECULA COMMUNITY SERVICES DISTRICT 113,452.68 192 TCSD SERVICE LEVEL B 140.89 194 TCSD SERVICE LEVEL D 900.78 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 999.63 197 TEMECULA LIBRARY FUND 45826 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,551.71 300 INSURANCE FUND 1,77338 320 INFORMATION TECHNOLOGY 21,511.81 330 SUPPORT SERVICES 5,471.13 340 FACILITIES 8,558.59 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 9835 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 65.65 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 77.77 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 1439 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 15827 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 28.56 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 40.77 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 268.70 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.17 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11.88 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.52 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 179.07 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 3826 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 2232 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 19.17 516 SERVICE LEVEL"C"ZONE 16 TRADEV✓INDS 44.83 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.75 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 165.97 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 89.03 520 SERVICE LEVEL"C"ZONE 20 CROV✓NE HILL 240.81 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 406.96 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9.76 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10.71 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 22929 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 73.68 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.19 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10.71 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 338.10 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 638 700 CERBT CALIFORNIA EE RETIREE-GASB45 20,733.78 435,429.63 TOTAL BY FUND: $ 3,044,68535 apChkLst Final Check List Page: 1 OS/OS/2011 2:16:36PM CIN OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 145322 05/05/2011 011347 A F S INC vehicle repair/maint: pw maint 400.00 vehicle repair/maint: pw maint 400.00 vehicle repair/maint: pw maint 400.00 1,200.00 145323 05/05/2011 010851 ADAMIAK, DAWN reimb:prize give-a-way'11 TCSD expo 323.36 323.36 145324 05/05/2011 012943 ALPHA MECHANICAL SERVICE HVAC maint: parking garage 305.00 WC HVAC maint Library 729.00 HVAC maint CRC 800.00 HVAC maint Ch Museum 201.00 HVAC maint Theater 299.00 HVAC maint: MPSC 235.00 HVAC maint Chapel 50.00 HVAC maint: N Museum 150.00 HVAC maint Fld Op Ctr 283.00 HVAC maint TCC 120.00 HVAC maint TCC 97.00 HVAC maint Stn 73 58.00 HVAC maint Stn 92 292.00 HVAC maint Stn 84 211.00 HVAC svcs: PBSP 133.00 HVAC srvcs: harveston 72.00 4,035.00 145325 05/05/2011 009570 AMERICAN REPROGRAPHICS REPROGRAPHIC SVCS: CCTV 72.10 72.10 CO LLC 145326 05/05/2011 002187 ANIMAL FRIENDS OF THE Mar'11 sheltering services 10,625.00 VALLEYS Mar'11 animal control services 10,000.00 20,625.00 145327 05/05/2011 013950 AQUA CHILL OF SAN DIEGO Apr drinking water sys: pd substation 27.19 MAY DRINKING WATER SYS:CIVIC/F 150.08 177.27 145328 05/05/2011 008314 AQUATIC DESIGN GROUP waterslide rehab: crc pool 875.00 875.00 145329 05/05/2011 014025 ARAS 360 TECHNOLOGIES WC ares 360 suite software pgm:PD 2,515.00 2,515.00 145330 05/05/2011 011954 BAKER & TAYLOR WC (21) BOOK PURCHASE: LIBRARY 45520 45520 145331 05/05/2011 004205 BALLET FOLKLORICO TCSD Instructor Earnings 192.50 192.50 145332 05/05/2011 004040 BIG FOOT GRAPHICS 100 mile club t-shirts: Aquatics 795.00 795.00 Page:1 apChkLst Final Check List Page: 2 OS/OS/2011 2:16:36PM CIN OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145333 05/05/2011 004262 BIO-TOX LABORATORIES DUI & drug screenings: Police 1,532.50 DUI & drug screenings: Police 385.51 DUI & drug screenings: Police 285.50 2,203.51 145334 05/05/2011 000128 BROWN & BROWN OF CALIF WC Ins HEUB9055L51210 78,267.00 78,267.00 WC 145335 05/05/2011 012878 C S OFFICE INTERIORS ergonomic equipment CRC 1,248.07 1,248.07 145336 05/05/2011 003138 CAL MAT PW patch truck materials 406.31 PW patch truck materials 409.68 PW patch truck materials 691.52 1,507.51 145337 05/05/2011 001159 CALIF DEPT OF JUSTICE Mar fngerprinting svc: HR/PD 3,674.00 3,674.00 145338 05/05/2011 004971 CANON FINANCIAL SERVICES, Apr Copier Lease: Fire 182.55 WC Apr Library Copiers Lease: Central Svc 2,836.52 June Canon copier Iease:Civic Ctr 3,004.54 6,023.61 145339 05/05/2011 000131 CARL WARREN & COMPANY MAR LIABILITY CLAIMS MGMT 940.69 940.69 WC SVC:FINANCE 145340 05/05/2011 000137 CHEVRON AND TEXACO Cityvehicles fuel: CM 403.64 403.64 145341 05/05/2011 000442 COMPUTER ALERT SYSTEMS alarm maint/repair: Library 75.00 75.00 145342 05/05/2011 002945 CONSOLIDATED ELECTRICAL light pole: harveston park 1,087.50 DIST. light pole repair harveston park 2,392.50 3,480.00 145343 05/05/2011 001264 COSTCO WHOLESALE MISC SUPPLIES'11 EGG HUNT 2,21223 MISC SUPPLIES: THEATER 10.82 MISC SUPPLIES: THEATER 247.28 MISC SUPPLIES: THEATER 63.25 storage recks: TCSD 881.91 3,415.49 145344 05/05/2011 013379 COUSSOU, CELINE TCSD Instructor Earnings 43470 43470 145345 05/05/2011 014169 CUB SCOUT PACK #148 refund:sec dep:Amphitheater 150.00 150.00 145346 05/05/2011 011027 DEL RIO ENTERPRISE WC. concrete work:butterfeld stage pk 23,837.02 23,837.02 145347 05/05/2011 003945 DIAMOND ENVIRONMENTAL Apr restroom svc: GOHS 52.88 SRVCS portable restroomsspcl games 3/18 1,243.63 1,296.51 Page2 apChkLst Final Check List Page: 3 OS/OS/2011 2:16:36PM CIN OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145348 05/05/2011 013801 DONOVAN, II, RICHARD A Innerstate project: OCD Intensity 575.00 575.00 145349 05/05/2011 007319 EAGLE ROAD SERVICE & TIRE VEHICLE REPAIR/MAINT: PW MAINT 3,834.00 3,834.00 WC 145350 05/05/2011 000395 ECONOMIC DEVELOPMENT '11 sponsorship: Bus Summit 4/27 1,500.00 1,500.00 CORP 145351 05/05/2011 011202 EMH SPORTS & FITNESS TCSD instructor earnings 588.00 INSTITUTE TCSD instructor earnings 252.00 840.00 145352 05/05/2011 011203 ENVIRONMENTAL CLEANWG Aprjanitorial svc:park restrooms 5,315.00 5,315.00 145353 05/05/2011 003959 EVERETT & EVERETT Res Imprv Prg: Braught, Crystal 1,750.00 1,750.00 PAINTWG WC 145354 05/05/2011 001056 EXCEL LANDSCAPE Mar Landscape maint svc:Medians 14,26970 Mar Ldscp maint svcs:citywide parks 50,935.88 Mar Landscape maint svc FS #84 8,885.54 Mar Landscape maint svc:north slopes 19,749.97 Mar Landscape maint svcsouth slopes 34,844.87 128,685.96 145355 05/05/2011 011922 FIRST AMERICAN CORELOGIC Mar database subsc code enf 18.00 WC Feb database subsc: code enf 36.00 54.00 145356 05/05/2011 007866 G C S SUPPLIES INC toner cartridges: info tech 547.09 toner cartridges: info tech 753.38 toner cartridges: info tech 196.30 1,496.77 145357 05/05/2011 010326 G E MOBILE WATER, WC Apr washer maint Stn 73 26.10 Apr washer maint: Stn 73 57.00 83.10 145358 05/05/2011 001937 GALLS INC uniform svc: Police Volunteers 5.00 uniform svc: Police Volunteers 14.90 19.90 145359 05/05/2011 013076 GAUDET, YVONNE M. TCSD instructor earnings 739.20 739.20 145360 05/05/2011 010452 GAYLORD BROS INC exhibit supplies: N Museum 94.38 94.38 145361 05/05/2011 014067 GENTRY, JANN photograph cd: eco dev 150.00 150.00 145362 05/05/2011 000177 GLENNIES OFFICE PRODUCTS OFFICE SUPPLIES: TCSD 969.64 WC Office Supplies: Info Tech 465.81 1,435.45 145363 05/05/2011 000186 HANKS HARDWARE INC Hardware supplies: Fire Dept 940.74 940.74 Page:3 � apChkLst Final Check List Page: 4 05/05/2011 2:16:36PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) � Check # Date Vendor Description Amount Paid Check Totai 145364 05/05/2011 004188 HARRIS & ASSOCIATES Mar pavement rehab: citywide 41,085.75 41,085.75 145365 05l05/2011 004811 HEWLETT PACKARD (25) COMPAQ PC PURCH:INFO TECH 19,624.37 HP procurve switches:mpsc/tcc 2,266.65 21,891.02 145366 05/05i2011 010210 HOME DEPOT SUPPIY INC, misc tools/equip: civic center 656.35 656.35 � THE 145367 05/05/2011 003624 HOWELL, ANN MARIE promotional designs: eco dev 2,110.50 2,110.50 145368 05/05/2011 004406 IGOE & COMPANY INC Apr flex benefit pian pmt 205.00 205.00 145369 05l05l2011 �09135 IMPACT MARKETING 8� DESIGN uniforms: theater ushers 144.42 144.42 INC 145370 05/05/2011 013420 INGRAM LIBRARY SERVICES (1) BOOK PURCHASE: LIBRARY 22.45 22.45 INC 145371 05l05/2011 006914 tNNOVATIVE DOCUMENT Mar copier mainUusage: citywide 4,590.19 SOLUTIONS Mar copier mainUusage: Library 856.69 5,446.88 145372 OS/05/2011 001407 iNCER VALLEY POOL SUPPLY goo�sizing chemicals � 690.46 690.46 P 145373 05/05/2011 013612 INTERNATIONAL CHILI '11 sanction fee chili cookoff 5/22 350.00 350.00 SOCIETY 145374 05/05/2011 001186 IRWIN, JOHN TCSD instructor eamings 333.20 TCSD instructor earnings 411.60 TCSD instructor earnings 72.80 817.60 145375 05i05i2011 014097 JIMNI SYSTEMS, INC. Sea��e repairs: 13,249.08 13,249.08 K 3 K 145376 05/05/2011 013788 KOA CORPORATION consulting svc: traffic study 3,906.45 3,906.45 145377 05(05/2011 009336 KOPIE SHOP LLC PROMOTIONAL ITEMS: THEATER 371.00 371.00 145378 05/05/2011 000209 L 8� M FERTILIZER INC misc parts/equip: Stn 84 93.11 MISC PARTS/SUPPLIES: PW MAINT 1,677.83 1,770.94 145379 05/05/2011 013877 LANDRUM & BROWN INC consulting svc:air quality study 3,240.00 3,240.00 145380 05/05/2011 004905 LIEBERT, CASSIDY & Mar HR legal svcs for TE060-01 675.00 675.00 WHITMORE Page:4 apChkLst Final Check List Page: 5 OS/OS/2011 2:16:36PM CIN OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145381 05/05/2011 003726 LIFE ASSIST INC MEDICAL SUPPLIES: PARAMEDICS 255.41 255.41 145382 05/05/2011 013769 LIGHTSQUARED LP APR SATTELITE PHONE SVC: FIRE/CM 147.50 147.50 145383 05/05/2011 013982 M C I COMM SERVICE Apr �x-0714 gen usage:PD mall alarm 24.53 Apr �x-0346 general usage 23.87 48.40 145384 05/05/2011 004141 MAINTEXINC cleaning/maintsupplies:chmuseum 18.71 18.71 145385 05/05/2011 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 525.00 TCSD Instructor Earnings 770.00 TCSD Instructor Earnings 252.00 1,547.00 145386 05/05/2011 013390 MILLER, JOSHUA TCSD Instructor Earnings 210.00 210.00 145387 05/05/2011 012962 MILLER, MISTY TCSD Instructor Earnings 882.00 882.00 145388 05/05/2011 012580 MINUTEMAN PRESS Correction Notices: B&S 180.20 180.20 145389 05/05/2011 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 226.80 A. TCSD Instructor Earnings 94.50 TCSD Instructor Earnings 10920 TCSD Instructor Earnings 196.00 626.50 145390 05/05/2011 013004 MOBILE TRUCK SERVICE INC VEHICLE REPAIR/MAINT:PW MAINT 828.13 VEHICLE REPAIR/MAINT: PW MAINT 150.00 978.13 145391 05/05/2011 012787 MOREHOUSE, JACK W. entertainment:bluegrass festival 400.00 400.00 145392 05/05/2011 013375 MYERS-RUSSO, ERICA TCSD Instructor Earnings 268.80 TCSD Instructor Earnings 100.80 TCSD Instructor Earnings 8820 TCSD Instructor Earnings 138.60 596.40 145393 05/05/2011 003964 OFFICE DEPOT BUSINESS SVS misc office supplies: PW 16.02 DIV printing svcs: police 217.94 233.96 145394 05/05/2011 002105 OLD TOWN TIRE & SERVICE vehicle repair/maint: PW CIP 190.92 vehicle repair/maint: PW Traffc 95.00 VEHICLE REPAIR/MAINT: PW 372.00 VEHICLE REPAIR/MAINT: PW MAINT 75.00 VEHICLE REPAIR/MAINT: PW MAINT 80.07 812.99 145395 05/05/2011 002105 OLD TOWN TIRE & SERVICE vehicle repair/maint: TCSD 80.07 80.07 Page:S apChkLst Final Check List Page: 6 OS/OS/2011 2:16:36PM CIN OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145396 05/05/2011 001171 ORIENTAL TRADING COMPANY RECREATION SUPPLIES: CRC 47.96 47.96 WC 145397 05/05/2011 014092 P& P HARDWARE uniforms: pd comm enforcement 228.38 228.38 145398 05/05/2011 012833 PC MALL GOV, WC. projector bulbs: Stn 84 946.13 misc computer supplies: info tech 195.72 computersupplierinfotech 1,416.32 computersupplies:infotech 45.68 2,603.85 145399 05/05/2011 000246 PERS (EMPLOYEES' CaIPERS valuation fee 300.00 300.00 RETIREMENT) 145400 05/05/2011 010338 POOL & ELECTRICAL pool supplies: citywide 138.55 138.55 PRODUCTS WC 145401 05/05/2011 000262 RANCHO CALIF WATER Mar var water meters:30650 Pauba Rd 167.27 167.27 DISTRICT 145402 05/05/2011 012251 ROTH, DONALD J. TCSD Instructor Earnings 441.00 TCSD Instructor Earnings 84.00 525.00 145403 05/05/2011 002226 RUSSO, MARY ANNE TCSD Instructor Earnings 441.00 TCSD Instructor Earnings 630.00 1,071.00 145404 05/05/2011 001919 SENIOR CITIZENS SERVICE CDGB reimb senior svc ctrRood bank 9,333.00 9,333.00 CENTER 145405 05/05/2011 009213 SHERRY BERRY MUSIC sttlmnt: Jazz � the Merc 4/28 618.00 618.00 Page:6 apChkLst Final Check List Page: 7 OS/OS/2011 2:16:36PM CIN OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145407 05/05/2011 000537 SO CALIF EDISON Apr 2-28-629-0507:30600 Pauba Rd 6,157.19 Apr 2-31-404-602028771 OT fmt st 1,313.46 Apr 2-27-805-3194:42051 Main St 3,524.03 Apr 2-31-536-3226:28690 Mercedes 1,777.17 Apr 2-31-912-7494:28690 Mercedes 838.55 Apr 2-25-393-4681:41951 Moraga Rd 451.99 Apr 2-14-204-1615:30027 Frnt St RDIC 32.94 Apr 2-32-903-8293:41000 Main St 11,826.88 Apr 2-29-223-8607:42035 2nd St PED 442.85 Apr 2-02-351-4946:41845 6th St 1,048.09 Apr 2-29-933-3831:43230 Bus Pk Dr 1,301.23 Apr 2-19-171-8568:28300 Mercedes 68.56 Apr 2-18-937-3152:28314 Mercedes 520.59 Apr 2-29-224-0175:Fire Stns 1,600.75 Apr 2-29-295-3510:32211 Wolf vly rd 920.31 Apr 2-31-282-0665:27407 Diaz PED 23.32 Mar 2-29-807-1226:28077 Diaz PED 22.05 Apr 2-29-953-8249:46497 Wolf Crk Dr 22.57 Apr 2-29-953-8447:31738 Wolf vly PE[ 21.11 Apr 2-29-657-2332:45538 Redwood 21.11 Apr 2-30-220-8749:45850 N Wolf Crk 407.26 Apr 2-29-657-2563:42902 Butterfeld 171.67 Apr 2-31-936-3511:46488 Pechanga 43.68 Apr 2-33-357-5785:44747 Redhawk 25.68 Apr 2-31-419-2873:43000 Hwy 395 21.90 Apr 2-00-397-5067:TCSD svc lev C 1,867.37 Apr 2-28-904-7706:32329 overland trl 154.77 Apr 2-30-520-4414:32781 Tem Pkwy 426.86 Apr 2-21-981-4720:30153 Tem Pkwy 36.41 Apr 2-20-817-9929:28410 OT frnt st 91.44 Apr 2-29-953-8082:31523 Wolf vly rd 25.92 Apr 2-29-458-7548:32000 rncho cal yd 263.78 Apr 2-31-536-3481:41902 Main St 226.28 Apr 2-31-536-3655:41904 Main St 1,096.13 Apr 2-27-371-8494:42189 Winchester 26.61 36,820.51 145408 05/05/2011 001212 SO CALIF GAS COMPANY Apr 091-085-1632-O:TES Pool 15.29 Apr 101-525-1560-6:27415 Enterprise 187.47 202.76 145409 05/05/2011 002503 SOUTH COAST AIR QUALIN F4535 ICE air quality: CRC 293.21 FY 10/11 emissions: CRC 109.00 G5884 ICE air quality svcs:Civic Ctr 29321 FY 10/11 emissions: Civic Ctr 114.56 809.98 145410 05/05/2011 000305 TARGET BANK BUS CARD misc supplies: code enf 37.72 SRVCS MISC SUPPLIES: MPSC 176.37 artist hospitality: Theater 121.77 335.86 Page:7 apChkLst Final Check List Page: 8 OS/OS/2011 2:16:36PM CIN OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 145411 05/05/2011 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,817.00 4,817.00 145412 05/05/2011 004274 TEMECULA VALLEY SECURITY locksmith svcs: civic center 90.00 CENTR locksmith svcs: TCC safe building 90.00 locksmith svcs: civic center 26.00 206.00 145413 05/05/2011 003941 TEMECULA WINNELSON plumbing supplies: CRC 110.93 COMPANY plumbing supplies: CRC 27.19 138.12 145414 05/05/2011 010276 TIME WARNER CABLE May high speed internet:42081 Main St 58.49 58.49 145415 05/05/2011 003031 TRAFFIC CONTROL SERVICE traffc control paint: pw maint 194.51 194.51 WC 145416 05/05/2011 011659 ULINE INC banner boxes: central svcs 86.07 86.07 145417 05/05/2011 004261 VERIZON Apr �x-5706 general usage 147.74 Apr �x-5696 gen usage:Sports Compl 36.93 Apr �x-3526 gen usage:Fire Alarm 110.80 Apr �x-2676 general usage 36.93 Apr �x-2016 gen usage:Reverse 911 121.95 454.35 145418 05/05/2011 009031 VYLANI'S POLYNESIAN entertainer: MPSC luau 42 200.00 200.00 DANCERS 145419 05/05/2011 006248 WALKER, JESSICA TCSD Instructor Earnings 201.60 201.60 145420 05/05/2011 014146 WAL-MART refund:eng grad dep:LD07-124GR 44,985.72 44,985.72 145421 05/05/2011 001342 WAXIE SANITARY SUPPLY WC misc janitorial supplies:citywide 1,868.11 1,868.11 145422 05/05/2011 003730 WESTCOASTARBORISTSWC treetrimmingsvc:pwmaint 14,342.00 tree trimming svcs: vail ranch 864.00 15,206.00 145423 05/05/2011 013970 WESTERN FIRE CHIEFS ASSN publications: Fire 973.34 973.34 145424 05/05/2011 000348 ZIGLER, GAIL reimb: refreshments council panel 4/26 141.45 141.45 145425 05/05/2011 014145 ZKS REAL ESTATE PARTNERS, refund:eng grad dep:PM 21797 18,000.00 LLC refund:eng grad dep:PM 23822 5,500.00 23,500.00 Grand total for UNION BANK OF CALIFORNIA: 555,61873 Page:B apChkLst Final Check List Page: 9 OS/OS/2011 2:16:36PM CIN OF TEMECULA 103 checks in this report Grand Total All Checks: 555,61873 Page:9 apChkLS[ Final Check Lis[ Page: 1 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 1694 OS/09/2011 000353 RIVERSIDECOAUDITOR FY10/11SERAFpmt 896,504.00 896,504.00 1695 OS/12/2011 000444 INSTATAX (EDD) State Disability Ins Payment 23,848.61 23,848.61 1696 OS/12/2011 000283 INSTATAX QRS) Federal Income Taxes Payment 82,150.84 82,150.84 1697 OS/12/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 14,913.06 14,913.06 SOLUTION 1698 OS/12/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 125,823.52 125,823.52 RETIREMENT) 1699 OS/12/2011 000642 TEMECULA CIN FLEXIBLE Child Care Reimbursement Payment 8,752.89 Child Care Reimbursement Payment 0.00 8,752.89 1700 OS/12/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 3,244.10 3,244.10 SOLUTION 1701 OS/12/2011 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1702 OS/12/2011 000245 PERS-HEALTH INSUR PERS Health Admin Cost Payment 79,850.27 PREMIUM Blue Shield HMO Payment 0.00 79,850.27 145426 OS/12/2011 003203 ARTISTICEMBROIDERY STAFFUNIFORMAPRONS:CH 794.06 794.06 MUSEUM 145427 OS/12/2011 003203 ARTISTIC EMBROIDERY MISC APPAREL & PROMO ITEMS:CIN 424.55 424.55 HALL 145428 OS/12/2011 003552 A F L A C AFLAC Cancer Payment 3,142.81 3,142.81 145429 OS/12/2011 004973 ABACHERLI,LINDI TCSDinstructorearnings 640.00 640.00 145430 OS/12/2011 008552 ADKINS DESIGN CONSULTING APR GRAPHIC DESIGN SVCS: 1,447.73 1,447.73 THEATER 145431 OS/12/2011 004802 ADLERHORSTINTERNATIONAL JUTETRAININGAID:CRAMER 20.66 INC TRACKINGSEMINAR:4/25-29CRAMER 750.00 770.66 145432 OS/12/2011 004180 ADVISORS MARKETING POMO ITEMS: TCSD SPECIAL EVENTS 5,311.54 5,311.54 GROUP,LLC Page:i apChkLS[ Final Check Lis[ Page: 2 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145433 OS/12/2011 009374 ALLEGROMUSICALVENTURES pianotuning:theater 170.00 170.00 145434 OS/12/2011 003954 ALTERNATIVEFIRE refund:permitpincwnspfees:F11-0046 601.00 601.00 PROTECTION 145435 OS/12/2011 004240 AMERICAN FORENSIC NURSES DUI & drug screenings: Police 1,057.68 (AFN) May Stand By Fee: Police 1,248.00 DUI & drug screenings: Police 451.88 2,757.56 145436 OS/12/2011 000936 AMERICAN RED CROSS Red Cross certifcates:aquatic 80.00 80.00 145437 OS/12/2011 011961 AT&TMOBILIN AprTripWre:Graffitti:Police 129.78 129.78 145438 OS/12/2011 011954 BAKER &TAYLOR INC (24) BOOK PURCHASE: LIBRARY 598.01 598.01 145439 OS/12/2011 008061 BATTERYZONE, INQ Emergency Battenes:Citizen Corps 1,46524 1,46524 145440 OS/12/2011 011261 BAUMANN, JOAN refund:CPR/AED 8250.105 64.00 64.00 145441 OS/12/2011 014179 BERSHAW, WAYNE refund:Seniorexcursion 4100.103 16.00 16.00 145442 OS/12/2011 004040 BIGFOOTGRAPHICS TCSDinstructorearnings 245.00 GLOWTSHIRTS:TEENEGGHUNT4/15 488.00 733.00 145443 OS/12/2011 012583 BLANCA Y PRICE Feb landscape insp svc: Planning 9,162.55 credit: billing adj PA11-0033 fees not 360.00 8,802.55 145444 OS/12/2011 013684 BLUE SHIELD OF CALIFORNIA COBRA SUBSIDYMEDICAL 978.89 978.89 COVERAGE PMT OS/11 145445 OS/12/2011 009082 C B C TECHNICAL INC misc supplies: Theater 114.19 misc supplies: Theater 7.81 122.00 145446 OS/12/2011 012878 C S OFFICE INTERIORS ergonomic equip: Finance 94.32 94.32 145447 OS/12/2011 003138 CAL MAT PW patch truck matenals 88.68 PW patch truck materials 60926 PW patch truck materials 144.58 PW patch truck materials 78524 1,62776 145448 OS/12/2011 001054 CALIF BUILDING OFFICIALS regist:Acc Ext Paths 5/18 Tooke, Mike 40.00 regist:Acc EM Paths 5/18 Clements,B 40.00 regist:Acc EM Paths 5/18 Lankenau,S 40.00 120.00 Page2 apChkLS[ Final Check Lis[ Page: 3 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145449 OS/12/2011 010939 CALIF DEPT OF INDUSTRIAL 157047 elevator inspec:prkng garage 225.00 157049 elevator inspec:prkng garage 225.00 450.00 145450 OS/12/2011 000152 CALIF PARKS & RECREATION 8/11-7/12 CPRS mb: Parker, Herman 450.00 450.00 SOC 145451 OS/12/2011 009431 CALIF, STATE OF-FRANCHISE Support Payment 207.00 207.00 TAX 145452 OS/12/2011 014180 CAMPBELL, PATRICIA refund:sec dep:picnic rental:Harveston 150.00 150.00 145453 OS/12/2011 003997 COASTRECREATIONINC playgroundequip:wolfcreek 506.28 playground equip: wolf creek 80.41 586.69 145454 OS/12/2011 014117 COLEMAN-MARSHALL, INC. maint supplies: pablo apis park 4,89375 4,89375 145455 OS/12/2011 004405 COMMUNINHEALTH CommunityHealthChantiesPayment 62.00 62.00 CHARITIES 145456 OS/12/2011 013286 CONNEXONTELECOMINC Apr911routingsvc:InfoTech 320.00 320.00 145457 OS/12/2011 014181 CORREA, MEGAN refund:hip hop beg class 2610.103 62.50 62.50 145458 OS/12/2011 001264 COSTCO WHOLESALE misc supplies:emp recognition 90.00 MISC SUPPLIES: INFOTECH 137.71 MISC SUPPLIES: THEATER 54.51 282.22 145459 OS/12/2011 013379 COUSSOU, CELINE TCSD Instructor Eamings 347.20 347.20 145460 OS/12/2011 010650 CRAFTSMEN PLUMBING & plumbing repairs: skate park 2,828.00 2,828.00 HVACINC 145461 OS/12/2011 013560 CROWN BUILDING MAINT CO Aprjanitorial svc: harveston park 131.84 INC Aprjanitorialsvcs:ciryfacilities 4,077.02 4,208.86 145462 OS/12/2011 014172 CRUZ, CARLINA SHAE scholarship: Innerstate Dance Grant 100.00 100.00 145463 OS/12/2011 002990 DAVIDTURCH&ASSOCIATES Apr-Maylobbyistcnsltsvcs:CM 7,000.00 7,000.00 145464 OS/12/2011 014125 DESIGN FOR PLAY PLAYSTRUCTURE RETROFIT:VAR 10,000.00 10,000.00 PARK SITES 145465 OS/12/2011 003945 DIAMONDENVIRONMENTAL sewermaint:RRSP/skatepark 650.00 SRVCS sewermaint:RRSP/skatepark 63.77 713.77 Page� apChkLS[ Final Check Lis[ Page: 4 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145466 OS/12/2011 010572 DISCOUNTTIRE CENTER vehicle repair/maint: Fire Prev 600.07 600.07 145467 OS/12/2011 003317 DOMENOE, CHERYL reimb: supplies Youth/Gov't 5/18-19 101.23 101.23 145468 OS/12/2011 004192 DOWNSCOMMERCIAL FuelforCityvehicles:PWlndv/npdes 235.73 FUELING INC FuelforCityvehicles:PWMaint 1,601.54 Fuel for Cityvehicles: Code Enf 518.69 Fuel for City vehicles: B&S 383.52 Fuel for City vehicles: TCS D 63.12 Fuel for City vehicles: TCS D 2,438.82 Fuel for Cityvehicles: PW Traffic 479.67 Fuel for City vehicles: PW 440.02 FuelforCityvehicles:Police 125.79 6,286.90 145469 OS/12/2011 001669 DUNN EDWARDS graffiti removal supplies:PW Maint 443.50 443.50 CORPORATION 145470 OS/12/2011 000523 EASTERN MUNICIPAL WATER PW07-OS deposit engineering review 500.00 500.00 DIST 145471 OS/12/2011 002390 EASTERN MUNICIPAL WATER Aprwatermeter:39656 Diego Dr 147.70 147.70 DIST 145472 OS/12/2011 004829 ELLISON WILSON ADVOCACY May advocacy cnslt: CM 3,500.00 3,500.00 LLC 145473 OS/12/2011 003665 EXCEL COMMERCIAL Apr long distance phone svcs 5428 54.28 145474 OS/12/2011 009953 FEDERALCLEANING Mayjanitorialsvcs:pdmalloffce 625.00 625.00 CONTRACTORS 145475 OS/12/2011 000165 FEDERAL EXPRESS INC 3/31-4/14 city express mail svcs 460.26 460.26 145476 OS/12/2011 010804 FEHR & PEERSASSOCIATES 10/09-3/11 CNSLT: LIBERNQUARRY 1,395.62 1,395.62 145477 OS/12/2011 011922 FIRSTAMERICANCORELOGIC Mardatabasesubsc:codeenf 30.00 30.00 INC 145478 OS/12/2011 003347 FIRST BANKCARD CENTER 006952 PAYPAL GR Verisign PayFlow Pro Transaction 59.95 008567 GODADDY.COM INC. GR Library Domain Name Registration 156.60 006952 PAYPAL H P Verisign PayFlow Pro Transaction 189.70 014182 STUFT PIZZA BAR & GRILL HP lunch: Indio Teen Ctr mtg 4/25 4729 453.54 Page:4 apChkLS[ Final Check Lis[ Page: 5 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145479 OS/12/2011 004074 FRANCHISE MGMT SERVICES misc supplies: high hopes pgrm 50.98 50.98 INC 145480 OS/12/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 384.89 384.89 145481 OS/12/2011 002982 FRANCHISE TAX BOARD SUPPORT PAYMENT 50.00 50.00 145482 OS/12/2011 010326 G E MOBILE WATER, INC Aprwasherexchange: Stn 73 128.33 128.33 145483 OS/12/2011 003946 GTENTERTAINMENT ENTERTAINMENTSVCS:TCSDEXPO 1,300.00 1,300.00 145484 OS/12/2011 001937 GALLS INC unifortn svc: Police Volunteers 7.61 7.61 145485 OS/12/2011 013552 GANDS PRODUCTIONS LLC sttlmnt: Countryatthe Merc4/30 652.50 652.50 145486 OS/12/2011 000177 GLENNIES OFFICE PRODUCTS Offce supplies: Finance 11.96 11.96 INC 145487 OS/12/2011 002174 GROUP 1 PRODUCTIONS video prod svcs: state of ciry 9,000.00 9,000.00 145488 OS/12/2011 014178 GRUPO DE UNIDAD refund:appl w/d:PA11-0075 1,603.50 1,603.50 145489 OS/12/2011 005311 H2OCERTIFIEDPOOLWATER Aprwaterqualiry/maint:fountain 175.00 SPCL. Apr maint svc: crGtes pools 900.00 1,075.00 145490 OS/12/2011 000186 HANKS HARDWARE INC Hardware supplies: Library 112.17 HARDWARE SUPPLIES: PW TRAFFIC 255.73 Hardware supplies: PW Maint 7620 Hardware supplies: Fire 357.04 Hardware supplies: TCSD Parks 1,252.68 Hardware supplies: town square 32.00 HARDWARE SUPPLIES: CRC 118.45 Hardware supplies: Old Town 209.20 Hardware supplies: prk garage 324 Hardware supplies: T/ Museum 43.49 Hardware supplies: Ch Museum 238.92 Hardware supplies: TCC 39.11 Hardware supplies: Civic Ctr 430.19 Hardware supplies: Theater 22.57 Hardware supplies: Aquatics 2620 3,217.19 145491 OS/12/2011 006250 HAZMATTRANSINC hazardouswastedisposal:PW 1,187.50 1,187.50 PageS apChkLS[ Final Check Lis[ Page: 6 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145492 OS/12/2011 001135 HEALTHPOINTE MEDICAL Emp industnal care svcs: HR 170.00 GROUPINC credit: Mawhorter,C not ciry employee �5.00 125.00 145493 OS/12/2011 003624 HOWELL, ANN MARIE promo designs: Western Days 1,374.00 promo designs: Summertest 1,203.38 2,577.38 145494 OS/12/2011 002701 HUB INT'L INSURANCE Apr'11 special events premiums 400.78 400.78 SERVCSINC 145495 OS/12/2011 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 6,030.58 6,030.58 303355 145496 OS/12/2011 013420 INGRAM LIBRARYSERVICES (1) BOOK PURCHASE: LIBRARY 8.08 INC (2) BOOK PURCHASE: LIBRARY 33.62 41 ]0 145497 OS/12/2011 003296 INTL CODE COUNCIL code books: B&S 146.77 146.77 145498 OS/12/2011 012883 JACOB'S HOUSE INC Jacob's House Charity Payment 160.00 160.00 145499 OS/12/2011 014171 KAAKE, FISHER scholarship: Innerstate Dance Grant 200.00 200.00 145500 OS/12/2011 001091 KEYSER MARSTON Apr cnslt svcs: affordable housing 275.00 275.00 ASSOCIATES INC 145501 OS/12/2011 001282 KNORR SYSTEMS INC misc pool supplies: aquatics 308.36 308.36 145502 OS/12/2011 013879 LAKESHORELEARNING classsupplies:tinytotspgrtn 87.88 87.88 MATERIALS 145503 OS/12/2011 000210 LEAGUE OF CALIF CITIES 11/12 LCC Riverside Co Mb: Ciry 100.00 100.00 145504 OS/12/2011 003726 LIFEASSISTINC MEDICALSUPPLIES:PARAMEDICS 364.13 MEDICALSUPPLIES:PARAMEDICS 165.75 MEDICALSUPPLIES:PARAMEDICS 607.46 MEDICALSUPPLIES:PARAMEDICS 90.51 medical supplies: paramedics 645.93 MEDICALSUPPLIES:PARAMEDICS 289.94 2,163.72 145505 OS/12/2011 000217 MARGARITA OFFICIALS ASSN Apr offciating srvcs:CSD sports pgrm 5,320.00 5,320.00 145506 OS/12/2011 004307 MARINEBIOCHEMISTS Aprwatermaintsrvcs:Harv/DuckPond 3,900.00 3,900.00 PageS apChkLS[ Final Check Lis[ Page: 7 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145507 OS/12/2011 011920 MASTER CONCEPTS LLC TCSD Instructor Eamings 1,470.00 TCSD Instructor Eamings 514.50 TCSD Instructor Eamings 294.00 TCSD Instructor Eamings 294.00 TCSD Instructor Eamings 661.50 TCSD Instructor Eamings 588.00 TCSD Instmctor Eamings 2,194.50 TCSD Instmctor Eamings 1,102.50 TCSD Instmctor Eamings 1,176.00 TCSD Instructor Eamings 367.50 TCSD Instmctor Eamings 1,102.50 TCSD Instructor Eamings 147.00 TCSD Instmctor Eamings 1,102.50 TCSD Instmctor Eamings 1,029.00 TCSD Instmctor Eamings 1,102.50 TCSD Instructor Eamings 514.50 TCSD Instructor Eamings 441.00 TCSD Instmctor Eamings 1,102.50 TCSD Instructor Eamings 441.00 TCSD Instructor Eamings 514.50 TCSD Instructor Eamings 73.50 TCSD Instructor Eamings 294.00 TCSD Instructor Eamings 441.00 TCSD Instructor Eamings 964.69 TCSD Instmctor Eamings 1,038.19 18,970.88 145508 OS/12/2011 011179 MC MILLIN REDHAWK LLC faciliryrental:Father/Daughter Date 1,000.00 1,000.00 145509 OS/12/2011 000944 MCCAINTRAFFICSUPPLYINC TRAFFICSIGNALEQUIP:PWTRAFFIC 4,919.33 4,919.33 DIV 145510 OS/12/2011 006571 MELODY'S AD WORKS INC. Apr mktg & promo srvcs:old town 4,000.00 4,000.00 145511 OS/12/2011 003076 MET LIFE INSURANCE MetLife Dental Insurance Payment 7,150.92 7,150.92 COMPANY 145512 OS/12/2011 013714 MIGHN FLYERS MUSIC Rod Piazza perfortnance 5/6/11 1,276.80 1,276.80 COMPANY 145513 OS/12/2011 013004 MOBILE TRUCK SERVICE INC VEH REPAIR & MAINT: PW MAINT DIV 906.49 906.49 145514 OS/12/2011 005887 MOFFATT&NICHOL 2/27-3/26CONSULTING:F.VLY/I-15 117,360.77 117,360.77 ENGINEERS OVRCRS 145515 OS/12/2011 004508 NAGGAR, MICHAEL S. Reimb: Apr'10 Intemet Srvcs 34.99 34.99 Page:7 apChkLS[ Final Check Lis[ Page: 8 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145516 OS/12/2011 002925 NAPA AUTO PARTS City veh repair & maint: Sta 84 1726 CITYVEH REPAIR & MAINT: PREVENTIO 85.66 Cityveh repair & maint: Medics 68.08 171.00 145517 OS/12/2011 008820 NEIGHBORSNEWSPAPER Mayadvertising:bluegrassfestival 250.00 250.00 145518 OS/12/2011 008528 NICHOLS, MELBURG & MAR PROF SRVCS:CIVIC CENTER PH I 744.22 ROSETTO MAR PROF SRVCS:CIVIC CENTER PH I 1,485.54 2,22976 145519 OS/12/2011 013867 NORMAN INDUSTRIAL Sheet Metal: Sta 84 291.61 291.61 MATERIALS 145520 OS/12/2011 010167 ODYSSEY POWER Equip repair & maint:info systems 853.09 853.09 CORPORATION 145521 OS/12/2011 003964 OFFICE DEPOT BUSINESS SVS Misc pnnting: Planning 269.70 DIV pnnting srvcs: tcsd 891.67 pnnting srvcs: tcsd 36.63 Misc offce supplies:pd mall offce 289.45 Misc offce supplies:fnance dept 375.71 1,863.16 145522 OS/12/2011 004473 OLDTOWNTEMECULA Entertainment:westemdays5/21-22 1,400.00 1,400.00 GUNFIGHTERS 145523 OS/12/2011 002105 OLDTOWNTIRE&SERVICE CINVEHICLEMAINTSVCS:PW 1,301.55 MAINT City Vehicle Maint Svcs: PW CIP 246.90 1,548.45 145524 OS/12/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:TCSD 447.78 447.78 145525 OS/12/2011 013127 ON STAGE MUSICALS Let's Be Frank concert 5/1/11 6,891.77 6,891.77 145526 OS/12/2011 014011 ONSITE ENERGY HVAC sys energy design:crc 5,200.00 5,200.00 CORPORATION 145527 OS/12/2011 001171 ORIENTALTRADINGCOMPANY RECREATIONSUPPLIES:TINYTOTS 163.83 163.83 INC PRGM 145528 OS/12/2011 002800 PACIFICSTRIPINGINC Pavementmarkerremoval:PWTraffc 1,586.00 1,586.00 145529 OS/12/2011 002652 PAT & OSCARS RESTAURANT rtrshmnts:SW Youth Court Banquet 5/15 688.08 688.08 145530 OS/12/2011 000249 PETTYCASH PettyCashReimbursement 576.41 576.41 PageE apChkLS[ Final Check Lis[ Page: 9 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145531 OS/12/2011 005820 PRE-PAID LEGAL SERVICES PrePaid Legal Services Payment 324.85 324.85 INC 145532 OS/12/2011 012904 PROACTIVEFIREDESIGN Aprplanchecksrvcs:freprevention 1,519.06 1,519.06 145533 OS/12/2011 013725 PROCRAFT INC Res Imprv Prgm: Schmit 7,302.00 Res Imprv Prgm: Martinez 2,203.00 9,505.00 145534 OS/12/2011 008856 PROFIT SYSTEMS, INC. 6!7/11-6/6/12 maint & support: I.T. 548.55 548.55 145535 OS/12/2011 010652 QUALIN CODE PUBLISHING Municipal Code Service: Ciry Clerk 742.55 742.55 145536 OS/12/2011 000262 RANCHOCALIFWATER Aprvarwatermeters28640PujolSt 7.81 DISTRICT Apr var water meters:Fire Stns 581.47 Aprvarwatermeters:TCSD&PW 1,342.96 Aprvarwatermeters:TCSDFac 3,050.68 Apr Floating meter- comm:PW 157.54 Aprvarwatermeters:TCSDsvclevC 17,233.02 22,373.48 145537 OS/12/2011 002654 RANCHO FORD LINCOLN Cityvehicle parts & maint: Police 35.38 35.38 MERCURY 145538 OS/12/2011 004584 REGENCY LIGHTING Electncal supplies:prkg garage/museums 610.80 Misc elecMcal supplies:var parks 820.00 1,430.80 145539 OS/12/2011 003591 RENES COMMERCIAL WEED CONTROL SRVCS: CIN 8,050.00 MANAGEMENT CHANNELS Weed control srvcs: Ciry Lots 5,750.00 Trash/debris clean up: City R-O-W's 1,737.00 15,537.00 145540 OS/12/2011 002110 RENTAL SERVICE EQUIPMENT RENTAL: PW MAINT 806.62 CORPORATION EQUIPMENT RENTAL: PW MAINT 2121 827.83 145541 OS/12/2011 010917 RICHARDSON,PATRICK eecomputerpurchaseprgm 2,000.00 2,000.00 145542 OS/12/2011 001365 RIVERSIDE COUNN OF Pertnit: Western Days 5/21-22/11 178.00 178.00 145543 OS/12/2011 001097 ROADLINE PRODUCTS INC MISC MAINT SUPPLIES:PW MAINT 497.82 497.82 145544 OS/12/2011 000277 S& S ARTS & CRAFTS INC MISC SUPPLIES: TINYTOTS PRGM 322.50 322.50 145545 OS/12/2011 007582 SAFEGUARD DENTAL & VISION SafeGuard Vision Plan Payment 707.37 707.37 Page9 apChkLS[ Final Check Lis[ Page: 10 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145546 OS/12/2011 013582 SAN DIEGUITO PUBLISHERS Pnnting: sRrecreation prgm guide 13,548.98 INC PRINTING S/F RECREATION PRGM GUII 1,468.85 15,017.83 145547 OS/12/2011 013488 SCHINDLER, BRENDA refund:Seniorexcursion 4100.103 8.00 8.00 145548 OS/12/2011 013169 SCHINSKY, WILLIAM C. Apr exhibit id & cataloging:vail ranch 1,692.00 1,692.00 145549 OS/12/2011 011511 SCUBACENTERTEMECULA TCSDInstructorEamings 672.00 672.00 145550 OS/12/2011 008529 SHERIFF'S CIVIL DIV- SUPPORT PAYMENT 200.00 200.00 CENTRAL 145551 OS/12/2011 008529 SHERIFF'S CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 145552 OS/12/2011 008529 SHERIFF'S CIVIL DIV- SUPPORT PAYMENT 100.00 100.00 CENTRAL 145553 OS/12/2011 009213 SHERRY BERRY MUSIC Jazz @ the Merc 5/5/11 83.60 83.60 145554 OS/12/2011 012375 SHOBER CONSULTING INC Relocation srvcs:F.Vly/I-i5lntrchg 4,030.00 4,030.00 145555 OS/12/2011 000645 SMART&FINALINC RECREATIONSUPPLIES:TINYTOT'S 135.49 PRGM Misc supplies:YAK pgrtn 60.44 RECREATION SUPPLIES: F.I.T. 262.12 Misc supplies:dog house pgrtn 147.23 605.28 145556 OS/12/2011 000537 SO CALIF EDISON Apr 2-10331-2153:28816 Pujol St 727.62 Apr2-20-798-3248:Children'sMuseum 1,066.70 Apr 2-OS-791-8807:31587 Tem pkwy LS3 9,752.84 Apr2-30-608-9384:28582Harveston 444.57 Apr2-30-066-2889:30051 mchovista 21.11 Apr 2-02351-5281:CRC 4,28270 Apr 2-29�79-2981:31454 Tem pkwy TCi 103.61 May 2-01-202-7330:var LSi allnite 76,718.14 Apr2-01-202-7603:ArterialSTLT 28,742.61 121,859.90 145557 OS/12/2011 012652 SOUTHERN CALIFORNIA May gen usage 0141,0839,2593,9306 508.85 508.85 145558 OS/12/2011 005786 SPRINT Mar26-Apr25cellularusage/equip 5,903.35 5,903.35 145562 OS/12/2011 007762 STANDARD INSURANCE Mandatory Life Insurance Payment 8,990.71 8,990.71 COMPANY Page:10 apChkLS[ Final Check Lis[ Page: 11 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145563 OS/12/2011 012723 STANDARD INSURANCE Voluntary Supp Life Insurance Payment 733.90 733.90 COMPANY 145564 OS/12/2011 002366 STEAM SUPERIOR CARPET 4/25-29 carpet cleaning srvcs: foc 300.00 CLEANING 4/18-22 carpet cleaning srvcs: foc 300.00 600.00 145565 OS/12/2011 006145 STENOSOLUTIONS Aprtranscriptionsrvcs:Police 472.92 472.92 TRANSCRIPTION 145566 OS/12/2011 014036 STEWART,BRENDA refreshments:YAKprgm 200.00 200.00 145567 OS/12/2011 008164 SUNCINGRANITEINC Pavermaint:veteran'smemonal 1,152.00 1,152.00 145568 OS/12/2011 001547 TEAMSTERS LOCAL 911 Union Dues Payment 4,817.00 4,817.00 145569 OS/12/2011 005722 TEMECULAVALLEYGARDEN refund:secdep:rmrental:CRC 150.00 150.00 CLUB 145570 OS/12/2011 012725 TRZOP, NICHELLE TCSD Instmctor Eamings 2,133.60 TCSD Instmctor Eamings 2,217.60 TCSD Instmctor Eamings 3,326.40 TCSD Instmctor Eamings 3,326.40 11,004.00 145571 OS/12/2011 007766 UNDERGROUNDSERVICE Aprundrgmdsvcsalerttickets:PW 184.50 184.50 ALERT 145572 OS/12/2011 000325 UNITED WAY United Way Charities Payment 63.00 63.00 145573 OS/12/2011 009543 VAIL RANCH RESTORATION Council Community Service Funding 500.00 500.00 ASSN 145574 OS/12/2011 004261 VERIZON May xcx-3979 gen usage:PD mall fax 84.97 May xxc-5180 gen usage:79S Irrig ctr 40.33 May xxc-7530 gen usage:Library 410.46 Mayxxc-1341genusage:Theater 339.97 Aprxxx-0049 gen usage:ComercherqJ 36.93 May xxc-1941 gen usage:pta cd ttacsd 36.79 Mayxxc-9661 generalusage 4020 May xxc-3910 gen usage:i st St Irrig 4020 May xxc-0590 gen usage:TCC Alarm 82.55 1,112.40 145575 OS/12/2011 004848 VERIZON SELECT SERVICES Apr long distance phone svcs 5.44 5.44 INC 145576 OS/12/2011 010399 VOLKER LUTZ ENTERPRISE REFRESHMENTS: T. P. CINCO DE 734.06 734.06 INC MAYO Page:11 apChkLS[ Final Check Lis[ Page: 12 OSH 212011 1:33:41 PM qTY OF TEME W LA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Da[e Ventlor Descrip[ion Amoun[ Paitl Check To[al 145577 OS/12/2011 000621 WESTERN RIVERSIDE Apr'11 TUMF Payment 230,698.00 230,698.00 COUNCIL OF 145578 OS/12/2011 008402 WESTERN RIVERSIDE Apr'11 MSHCP payment 50,388.00 50,388.00 COUNN 145579 OS/12/2011 010193 WOOLSTENHULME, LUCIA TCSD Instructor Eamings 48.00 TCSD Instructor Eamings 96.00 144.00 145580 OS/12/2011 000348 ZIGLER, GAIL rtrshmnts:public hearing mtg 5/2/11 91.02 91.02 Grantl [o[al for UNION BANK OF CALIFORNIA: p,053,636.99 Page:12 apChkLS[ Final Check Lis[ Page: 13 OSH 212011 1:33:41 PM qTY OF TEME W LA 161 checks in [his report. Grantl To[al All Checks: p,053,636.99 Page:13 Item No. 4 Approvals City Attorney 5 Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 24, 2011 SUBJECT: Financial Statements for the Nine Months Ended March 31, 2011 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the City Council: 1. Receive and file the Financial Statements for the Nine Months Ended March 31, 2011. 2. Approve an appropriation of $130,000 in the City Attorney line item budget for legal services. BACKGROUND: The attached Financial Statements reflectthe unaudited activityofthe City for the nine months ended March 31, 2011. Please see the attached Financial Statements for an analytical review of financial activity. The increase in appropriation for legal services is needed to ensure sufficient funds are budgeted for fiscal year 2010-11 for legal fees related to the Liberty Quarry Project and the litigation actions against the Medical Marijuana Dispensary businesses which are prohibited in the City of Temecula. FISCAL IMPACT: Sufficient General fund balances are currently available to fund the increase of $130,000 to the City Attorney legal line item. ATTACHMENTS: -Combining Balance Sheet as of March 31, 2011 -Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Nine Months Ended March 31, 2011 -Combining Statement of Net Assets as of March 31, 2011 -Combining Statement of Revenues, Expenses and Changes In Net Assets for the Nine Months Ended March 31, 2011 -Statement of Net Assets - Fiduciary Fund as of March 31, 2011 -Statement of Changes in Fiduciary NetAssets forthe Nine Months Ended March 31, 2011 CITY OF TEMECULA ................................ Combining Balance Sheet as of March 31, 2011 and Statement of Revenues, Expenditures and Changes in Fund Balance Budget and Actual for the Nine Months Ended March 31,2011 and Combining Statement of Net Assets as of March 31, 2011 and Combining Statement of Revenues, Expenses and Changes In Net Assets for Nine Months Ended March 31, 2011 and Statement of Net Assets - Fiduciary Fund as of March 31, 2011 and Statement of Changes in Fiduciary Net Assets for the Nine Months Ended March 31, 2011 (Unaudited) .................................... Prepared by the Finance Department CITY OF TEMECULA COMBINING BALANCE SHEET as of March 31, 2011 State Energy General Gas Tax Transport. DIF Fees Recovery Efficiency CDBG Fund Fund Fund Fund JAG Fund Conserv. Fund Grant ASSETS: Cash and Investments $ 27,012,777 $ 322,857 $ 144,425 $ 3,502,953 $ - $ - Receivables 5,832,735 500,803 401 5,856 2,971 15,471 5,688 Due from Other Funds 26,221 - - - - - - Advancesto Other Funds 1,227,130 - - - - - - Deposits 79,592 - - - - - - Inventory 3,058 - - - - - - TOTALASSETS $ 34,181,513 $ 823,660 $ 144,826 $ 3,508,809 $ 2,971 $ 15,471 $ 5,688 LIABILITIES AND FUND BALANCES LIABILITIES: Dueto OtherFunds $ - $ - $ - $ - $ 2,947 $ 15,471 $ 5,688 Other Current Liabilities 8,795,946 - - 17,659 24 - - Deferred Revenue 3,917,034 - - - - - - TOTAL LIABILITIES 12,712,980 - - 17,659 2,971 15,471 5,688 FUND BALANCES: Reserved 1,820,153 3,453 Designated 19,648,380 823,660 144,826 3,491,150 - - - Undesignated (3,453) TOTALFUND BALANCES 21,468,533 823,660 144,826 3,491,150 - - - TOTAL LIABILTIES and FUND BALANCES $ 34,181,513 $ 823,660 $ 144,826 $ 3,508,809 $ 2,971 $ 15,471 $ 5,688 NOTE: Balances are unaudited 1 CITY OF TEMECULA COMBINING BALANCE SHEET as of March 31, 2011 AB 2766 AB 3229 Measure A Capital Debt Service Fund Fund Fund Project Fund TOTAL Fund ASSETS: Cash and Investments $ 583,431 $ - $ 7,909,183 $ 11,993,918 $ 796,118 $ 52,265,662 Receivables 897 - 149,984 1,168,109 1,729 7,684,644 Duefrom OtherFunds - - - 120,000 - 146,221 Advancesto OtherFunds - - - - - 1,227,130 Deposits - - - - - 79,592 Inventory - - - - - 3,058 TOTALASSETS $ 584,328 $ - $ 8,059,167 $ 13,282,027 $ 797,847 $ 61,406,307 LIABILITIES AND FUND BALANCES LIABILITIES: Dueto OtherFunds $ - $ - $ - $ - $ - $ 24,106 Other Current Liabilities - - 2,115,065 - 10,928,694 Deferred Revenue - - - - - 3,917,034 TOTAL LIABILITIES - - - 2,115,065 - 14,869,834 FUND BALANCES: Reserved - - 122,097 5,400,723 797,847 8,144,273 Designated 584,328 - 7,937,070 5,766,239 38,395,653 Undesignated - - - - (3,453) TOTAL FUND BALANCES 584,328 - 8,059,167 11,166,962 797,847 46,536,473 TOTAL LIABILTIES and FUND BALANCES $ 584,328 $ - $ 8,059,167 $ 13,282,027 $ 797,847 $ 61,406,307 NOTE: Balances are unaudited 2 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERALFUND forthe Nine Months Ended 3/31/2011 Annual Total Percentage of Amended qctivity Budget Budget REVENUES: SalesTax-State $ 18,166,874 $ 11,722,256 65% (1) SalesTax-TripleFlip 6,470,853 3,458,967 53% (2) Franchise Fees 3,073,423 2,156,765 70% Motor Vehicle In Lieu - State 811,085 180,048 22% (3) MotorVehiclelnLieu-TripleFlip 5,940,244 2,970,122 50% (2) Property Tax 5,047,371 3,263,738 65% (2) Property Tax Relief (Homeowner) 73,844 35,476 48% (2) PropertyTransferTax 496,607 342,115 69% TransientOccupancyTax 2,154,541 1,549,926 72% Vehicle Code Fines 692,641 537,331 78% Development Services: Building & Safety 1,272,445 926,806 73% Fire 400,845 422,020 105% (4) Land Development 645,647 746,174 116% (5) Planning 1,100,049 421,990 38% (6) Public Works- NPDES 3,276 3,791 116% Police 633,712 406,471 64% (7) Advertising 31,950 19,540 61% Bids and Proposals 11,220 2,610 23% Business Licenses 325,380 261,283 80% GASB 31 Fair Market Value on Investment (243,024) (401,201) 165% (S) Investment 361,800 253,617 70% Investment Interest RDA Loan Repayment 238,633 238,633 100% (9) Grants 125,912 130,415 104% Leaselncome 12,000 13,682 114% Miscellaneous 7,163 56,520 789% (10) OperatingTransfersln 2,819,009 1,382,156 49% (11) Reimbursements: Financing 168,000 133,000 79% CIP 2,203,314 1,537,693 70% RDA 110,000 82,500 75% Other 59,920 35,301 59% TOTAL REVENUES $ 53,214,734 $ 32,889,745 62% NOTES: (1) The clean up sales tax payment for quarter ending March 2011 will be received in June 2011. (2) Property taxes and "Triple flip" revenues are schedules to be received in May 2011. (3) The annual Motor Vehicle License paymentfor the Redhawk annexation, pursuantto Revenue and Tax code 11005, is expected to be received in June 2011. (4) The variance in Fire is primarily due to the timing of development activities and the issuance of permits. (5) The variance in Land Development is primarily due to hospital on-site improvements and the timing of development activities. (6) The variance in Planning is primarily due to revenues based on reimbursements for qualifying transportation planning grant expenditures. (7) Revenues are based on reimbursements for qualifying OTS grant Expenditures. (8) The variance in GASB 31 Fair Market Value on Investment is due to the change in fair value of investments as they approach maturity as well as fluctuating interest rates. (9) The annual RDA loan repayment to the General Fund was made in September 2010. (10) FY 2008-09 and FY 2009-10 Community Service funding obligations recorded in prior year were subsequently cancelled. (11) The variance in Operating Transfers In is primarily due to less qualifying costs incurred by Public Works to be reimbursed from Gas Tax revenues. 3 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GENERALFUND for the Nine Months Ended 3/31/2011 Annual Year-to-Date Year-to-Date percentage Amended qctivity Encumbrances Activity and of Budget Budget Encumbrances EXPENDITURES: City Council $ 431,769 $ 302,368 $ 1,372 $ 303,740 7oq CommunitySupport 137,150 73,146 5,000 78,146 57q (1) City Manager 1,344,917 945,690 35,159 980,849 73q Economic Development 921,144 546,445 49,341 595,786 65q CityClerk 1,155,053 821,483 14,786 836,269 72q City Attorney 821,300 673,693 673,693 S2q Finance 2,222,777 1,514,014 21,207 1,535,221 69q Human Resources 573,429 416,544 22,126 438,670 76q Planning 1,577,922 848,094 63,724 911,818 Ssq (2) Building & Safety 2,406,570 1,571,463 106,625 1,678,088 7oq Land Development 1,278,637 933,993 9,141 943,134 74q Public Works 4,471,370 2,440,876 504,665 2,945,541 66q CIPAdministration 2,203,314 1,568,928 2,158 1,571,086 71q Police 21,222,874 15,784,654 136,861 15,921,515 75q Fire 4,262,578 2,975,307 88,222 3,063,529 72q AnimalControl 434,160 142,126 142,126 33q (3) Non-Departmental 6,648,818 5,063,484 5,063,484 76% TOTAL EXPENDITURES (excludingtransfers) 52,113,782 36,622,308 1,060,387 37,682,695 72% Revenues Over/(Under) Expenditures 1,100,952 (3,732,563) Other Financing Sources (Uses): TransfersOut (23,132,853) (15,373,370) 66q Revenues Over/(Under) Expenditures and Other FinancingSources(uses) (22,031,901) (19,105,933) Special Item- CFD CFD 88-12 Bond Call (4,800,000) (4,769,968) 99% (4) NetChangeinfund balances (26,831,901) (23,875,901) Beginning Fund Balance as of 7/01/2010 45,344,434 45,344,434 Ending Fund Balance as of 3/31/2011 $ 18,512,533 $ 21,468,533 NOTES: (1) The variance in Community Support is due to remaining Council approved CS funding awards to be paid by end of May 2011. (2) The variance in Planning is due to transportation planning grant expenditures that have not been incurred. (3) The variance in Animal Control is due to cost sharing agreement for new sheltering services due in April 2011. (4) The variance in CFD 88-12 is due to the Bond call payment disbursed in August. 4 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL GAS TAX FUND for the Nine Months Ended 3/31/2011 Annual Total Percentage of Amended qctivity Budget Budget REVENUES: Sedion2103-2107 $ 2,585,985 $ 1,828,774 71% TOTAL REVENUES 2,585,985 1,828,774 71% Other Financing Sources (uses): TransfersOut (2,664,009) (1,327,156) 50% (1) Revenues Oved(Under) Other Financing Sources (uses) (78,024) 501,618 Beginning Fund Balance as of 7/01/2010 322,042 322,042 Ending Fund Balance as of 3/31/2011 $ 244,018 $ 823,660 NOTES: (1) The vanance in Operating Transfers In is primarily due to less qualifying costs incurred by Public Works to be reimbursed from Gas Tax revenues. 5 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL STATE TRANSPORTATION FUND for the Nine Months Ended 3/31/2011 Annual Total Percentage of Amended qctivity Budget Budget REVENUES: Investmentlnterest $ 6,744 $ 4,424 66% TOTAL REVENUES 6,744 4,424 66% Other Financing Sources (uses): Transfers Out (1,334,835) (1,334,835) 100% (1) Revenues Over/(Under) Other Financing Sources(uses) (1,328,091) (1,330,411) Beginning Fund Balance as of 7/01/2010 1,475,237 1,475,237 Ending Fund Balance as of 3/31/2011 $ 147,146 $ 144,826 NOTES: (1) The Capital Improvement Projects: Road and Storm Drain at Rancho California; Reconstruction at Jedediah Smith; and the Slurry Seal at Paloma Del Sol were completed during this quarter. 6 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEVELOPMENTIMPACTFUND for the Nine Months Ended 3/31/2011 Annual Total Percentage of Amended qctivity Budget Budget REVENUES: Open Space $ 155,803 $ 115,362 74% Investmentlnterest 27,658 0% Quimby 22,050 - 0% Street Improvements 2,433,315 190,101 8% Traffic Signals 355,782 31,863 9% Parks 459,237 338,839 74% Corporate Facilities 197,713 81,764 41% Fire Protection 162,985 71,007 44% Library 157,110 122,223 78% PublicArt 7,451 (38,182) 0% Police 105,322 47,627 45% TOTAL REVENUES 4,056,768 988,262 24% (1) Other Financing Sources (uses): Transfers Out (8,402,561) (1,853,788) 22% (2) Revenues Over/(Under) Other Financing Sources(uses) (4,345,793) (865,526) Beginning Fund Balance as of 7/01/2010 4,356,676 4,356,676 Ending Fund Balance as of 3/31/2011 $ 10,883 $ 3,491,150 NOTES: (1) The variance in Development Impact Fee revenues is due to a continued decline in building activity and the delay of planned developments. (2) The expenditure variance is due to DIF funded Capital Improvement Projects that have been awarded but have not started during this quarter. 7 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL RECOVERY ACT JAG FUNDING for the Nine Months Ended 3/31/2011 Annual Year to Date Total % of Amended qctivity Encumbrances qctivity Budget Budget REVENUES: Grant Revenue $ 96,655 $ 9,982 $ - $ 9,982 (1) TOTAL REVENUES 96,655 9,982 - 9,982 EXPENDITURES: Operating Expenditures 96,655 9,982 3,453 13,435 14% (1) TOTAL EXPENDITURES 96,655 9,982 3,453 13,435 14% Revenues Over/(Under) Expenditures Beginning Fund Balance as of 7/01/2010 - - Ending Fund Balance as of 3/31/2011 $ _ $ _ NOTES: (1) Police have yet to be invoiced from Riverside County Sheriffs Departmentfor qualifying overtime operations for Mall Patrol and Youth Court JAG funded programs. 8 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ENERGY EFFICIENCY CONSERVATION GRANT for the Nine Months Ended 3/31/2011 Annual YTD Total Percentage Amended qctivity Encumbrances qctivity of Budget Budget REVENUES: Grant Revenue $ 940,700 $ 69,444 $ - $ 69,444 7% (1) TOTAL REVENUES 940,700 69,444 - 69,444 7% EXPENDITURES: Operating Expenditures 346,124 17,616 - 17,616 5% (1) TOTAL EXPENDITURES 346,124 17,616 - 17,616 5% Revenues Over/(Under) Expenditures 594,576 51,828 Other Financing Sources (uses): Transfers Out (594,576) (51,828) 0% (2) Revenues Over/(Under) Expenditures and Other Financing Sources (uses) - - Beginning Fund Balance as of 7/01/2010 - - Ending Fund Balance as of 3/31/2011 $ _ $ _ NOTES: (1) Revenues are based on reimbursements for qualifying grant project expenditures. (2) Construction of the Citywide Adaptive Traffic Light Synchronization System was awarded on August 2010. The CRC Retrofit project has not yet started. 9 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL COMMUNITY DEVELOPMENT BLOCK GRANT for the Nine Months Ended 3/31/2011 Annual Total Percentage of Amended qctivity Budget Budget REVENUES: GrantRevenue $ 1,444,860 $ 381,212 26% (1) TOTAL REVENUES 1,444,860 381,212 26% EXPENDITURES: Other Outside Services 57,793 31,629 55% (1) TOTAL EXPENDITURES 57,793 31,629 55% Revenues Over/(Under) Expenditures 1,387,067 349,583 Other Financing Sources (uses): Transfers Out (1,387,067) (349,583) 25% (1) Revenues Over/(Under) Other Financing Sources (uses) - - Beginning Fund Balance as of 7/01/2010 - - Ending Fund Balance as of 3/31/2011 $ _ $ _ NOTES: (1) Revenues are based on reimbursements for eligible project expenditures. The Temecula Community Center Expansion Phase II Renovation was completed in October 2010. The Old Town Gymnasium design is nearly complete. City staff is working with the Riverside County Flood Control with regard to the design and land acquisition. This project is estimated to be complete by the end of fiscal year 2013. 10 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL ag Ziss FuN� for the Nine Months Ended 3/31/2011 Annual Total Percentage of Amended qctivity Budget Budget REVENUES: AB 2766 $ 116,085 $ 59,325 51% (1) Investmentlnterest 6,042 3,366 56% TOTAL REVENUES 122,127 62,691 51% EXPENDITURES: Other Outside Services 13,199 10,000 76% TOTAL EXPENDITURES 13,199 10,000 76% Revenues Over/(Under) Expenditures 108,928 52,691 Other Financing Sources (uses): TransfersOut (630,176) (10,000) 2% (2) Revenues Over/(Under) Other Financing Sources(uses) (521,248) 42,691 Beginning Fund Balance as of 7/01/2010 541,637 541,637 Ending Fund Balance as of 3/31/2011 $ 20,389 $ 584,328 NOTES: (1) The third quarterly paymentfrom South CoastAir Quality is scheduled to be received by the end of May 2011. (2) The Capital Projects Pedestrian Bicycle Bridge and Santa Gertrudis Creek are in the design stage and the Temecula Park and Ride project has not yet started. 11 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL AB 3229 COPS for the Nine Months Ended 3/31/2011 Annual Total Percentage of Amended qctivity Budget Budget REVENUES: AB 3229 - COPS $ 100,000 $ - 0% (1) TOTAL REVENUES 100,000 - 0% Other Financing Sources (uses): Transfers Out (100,000) - 0% (1) Revenues Over/(Under) Other Financing Sources (uses) - - Beginning Fund Balance as of 7/01/2010 - - Ending Fund Balance as of 3/31/2011 $ - $ - NOTES: (1) Revenues from the County of Riverside are expected to be received by the end of May 2011. 12 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MEASURE A for the Nine Months Ended 3/31/2011 Annual YTD Total Percentage Amended qctivity Encumbrances qctivity of Budget Budget REVENUES: Measure "A" $ 1,917,000 $ 1,443,888 $ - $ 1,443,888 75% Investmentlnterest 83,607 46,470 - 46,470 56% TOTAL REVENUES 2,000,607 1,490,358 - 1,490,358 74% EXPENDITURES: Operating Expenditures 1,212,713 614,203 122,097 736,300 61% TOTAL EXPENDITURES 1,212,713 614,203 122,097 736,300 61% Revenues Over/(Under) Expenditures 787,894 876,155 Other Financing Sources (uses): Transfers Out (4,892,734) (177,625) 0% (1) Revenues Over/(Under) Expenditures and Other Financing Sources (uses) (4,104,840) 698,530 Beginning Fund Balance as of 7/01/2010 7,360,637 7,360,637 Ending Fund Balance as of 3/31/2011 $ 3,255,797 $ 8,059,167 NOTES: (1) The French Valley Parkway Phase I project is currently in Design. The plans, specifications, and estimates are expected to be complete by the end of fiscal year 2013. The French Valley Parkway Phase I project and the Pavement Rehabilitation will be carry forward to fiscal year 2011-12. 13 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND for the Nine Months Ended 3/31/2011 Account Annual Yearvto-Date % of Number Amended qctivity Encumbrances Total Activity gudget Budget REVENUE: OperatingTransfersln $ 44,347,515 $ 18,001,767 $ - $ 18,001,767 41% Grants 6,045,396 1,515,060 - 1,515,060 25% Reimbursements 2,705,787 383,659 - 383,659 14% Reimbursements-TUMF 18,047,224 2,598,454 - 2,598,454 14% Investmentlnterest - 65,060 - 65,060 0% TOTAL REVENUE 71,145,922 22,564,000 - 22,564,000 32% (1) EXPENDITURES: Citywide Adaptive Traffic Light Synchronization-Phase I 165-501 647,936 229,600 397,427 627,027 97% Citywide Adaptive Traffic Light Synchronization-Phase II 165-503 278,265 93,441 162,273 255,714 92% Nicolas Valley Assessment District Liefer Road 165-504 22,985 - 22,985 22,985 100% Open Space Acquisition Phase II 165-509 200,000 140,113 - 140,113 70% Road and Storm Drain Repair at Rancho California 165-510 95,411 57,288 - 57,288 60% Road Reconstruction at Jedediah Smith Rd. 165-511 678,854 659,691 - 659,691 97% Slurry Seal at Paloma Del Sol and Temeku Hills 165-512 625,616 423,258 - 423,258 68% Old Town Police Storefront 165-513 440,000 248,987 44,461 293,448 67% Temecula Police Station Tenant Improvement 165-514 100,000 21 - 21 0% Old Town Sound System Retrofit 165-515 85,800 - 85,775 85,775 100% Pechanga Parkway Mitigation 165-516 621,711 29,763 701 30,464 5% Structural Seismic Retrofit Buildings 165-517 130,000 - - - 0% Murrieta Creek Bridge / Overland Extensionto Diaz 165-602 3,328,161 62,518 1,471 63,989 2% Abbott Corporation Roadway Improvements 165-620 750,000 - - - 0% Medians and Parkway Citywide 165-622 361,048 134,589 - 134,589 37% Closed Caption Television Install-State Route 79 South Pechanga 165-635 179,984 107,504 20,480 127,984 71% Winchester Rd. / State Route 79 North Corridor Beautification 165-638 486,790 366,472 80,561 447,033 92% Old Town Infrastructure Projects - Civic Center 165-643 516,421 274,566 51,015 325,581 63% Old Town Infrastructure - Parking Structure, Office and Retail 165-644 694,810 215,804 65,251 281,055 40% Pavement Rehabilitation Program - Citywide 165-655 4,747,915 310,463 143,933 454,396 10% 14 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND -continued for the Nine Months Ended 3/31/2011 Account Annual Yearvto-Date % of Number Amended qctivity Encumbrences Total Activity gudget Budget EXPENDITURES - conYd : Pavement Rehabilitation - STPL Project 165-657 695,652 25,750 669,909 695,659 100% Western Bypass Bridge Over Murrieta Creek 165-660 226,985 31,801 101,046 132,847 59% Interstate-15 / State Route 79 South Ultimate Interchange 165-662 1,530,288 851,491 231,380 1,082,871 71% Flashing Beacons 165-670 22,401 13,958 1,315 15,273 68% Temecula Pkwy Striping Modification from I-15 to Pechanga Pkwy 165-676 247,446 922 106 1,028 0% Traffic Signals-Meadows Parkway at Pauba 165-678 229,030 8,177 4,599 12,776 6% Traffic Signals-Rancho California and Yukon 165-679 257,163 53,363 183,104 236,467 92% Traffic Signal Equipment Installation 165-712 82,592 - 0% Citywide Storm Drainlmprovements 165-715 406,268 190,285 1,292 191,577 47% French Valley Pkwy/I-15 Over-Crossing and Improvements- Phase I 165-719 2,998,280 575,489 198,248 773,737 26% Buttertield Stage Road Extension Beltway Project 165-723 10,013,089 337,617 105,921 443,538 4% French Valley Pkwy/I-15 Over-Crossing andlmprovements- Phasell 165-726 14,703,842 2,812,194 429,793 3,241,987 22% Murrieta Creek Improvements 165-735 50,000 - - - 0% Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to CHS 165-738 1,295,713 54,688 3,645 58,333 5% Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension 165-739 266,580 1,476 150,410 151,886 57% Fire Station Roripaugh Ranch 165-741 584,312 - 300,819 300,819 51% Main Street Bridge Over Murrieta Creek 165-743 6,851,156 40,658 51,375 92,033 1% Erosion Control Margarita Long Canyon 165-746 49,935 12,932 6,048 18,980 38% Temecula Park and Ride 165-747 35,024 17,843 4,363 22,206 63% Old Town Civic Center-Phase II 165-751 14,710,606 12,737,801 1,504,557 14,242,358 97% Redhawk Park Improvements 190-144 948,534 921,687 4,558 926,245 98% Reclaimed Water Irrigation Retrofit 190-150 500,000 - - - 0% Neighborhood Park Security Lighting 190-151 40,000 27,294 2,700 29,994 75% CRC Energy Management Retrofit 190-152 344,576 1,700 10,400 12,100 4% Library Parking Lot Expansion 190-153 400,000 20,793 16,140 36,933 9% Margarita Road Right-of-Way Enhancements 190-154 132,782 19,169 101 19,270 15% 15 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CAPITAL IMPROVEMENT PROJECTS FUND -continued for the Nine Months Ended 3/31/2011 Account Annual Yearvto-Date % of Number Amended qctivity Encumbrences Total Activity gudget Budget EXPENDITURES - conYd : Water Slide Replacement CRC Pool 190-156 150,000 10,873 4,078 14,951 10% Play Structure Retrofit at Various Parks 190-179 60,000 2 - 2 0% Old Town Gymnasium 190-186 1,256,941 271,934 72,061 343,995 27% Ronald Reagan Sports Park Channel Silt Removal and Desilting Pond 190-187 383,951 98,775 211,516 310,291 81% Roripaugh Ranch Open Space Trails 190-195 9,626 - - - 0% Temecula Community Center Expansion 190-197 595,598 555,173 25,455 580,628 97% Temecula Children's Museum Refurbish 190-675 29,452 - 29,451 29,451 100% TOTAL EXPENDITURES 75,099,529 23,047,923 $ 5,400,723 $ 28,448,646 38% (2) Revenues Oved(Under) E�penditures (3,953,607) (483,923) Beginning Fund Balance as of 7/012010 11,650,885 11,650,885 Ending Fund Balance as of 3/312011 $ 7,697,278 $ 11,166,962 NOTES: (1) The variance in revenues is primarily due to several funded Capital Improvement projects where reimbursement for eligible expenditures have not yet been made this quarter. (2) The variance in expenditures is primarily due to encumbrances that are recorded for the remainder of this fiscal year. 16 CITY OF TEMECULA STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CERTIFICATES OF PARTICIPATION - DEBT SERVICE FUND-2008 for the Nine Months Ended 3/31/2011 Annual Year to Date Total % of Amended qctivity Encumbrances qctivity Budget Budget REVENUES: Investmentlnterest $ 1,055 $ 3,943 $ - $ 3,943 Transfersln 7,951,319 1,574,000 - 1,574,000 20% (1) TOTAL REVENUES 7,952,374 1,577,943 - 1,577,943 20% EXPENDITURES: Trustee Fees 3,600 3,600 3,600 100% (2) Debt Service Principal 7,200,000 440,000 - 440,000 6% (3) DebtServicelnterest 1,133,888 1,133,888 - 1,133,888 100% (4) TOTAL EXPENDITURES 8,337,488 1,573,888 3,600 1,577,488 19% Revenues Over/(Under) Expenditures and Other Financing Sources (uses) (385,114) 4,055 Beginning Fund Balance as of 7/01/2010 793,792 793,792 Ending Fund Balance as of 3/31/2011 $ 408,678 $ 797,847 NOTES: (1) The variance in Transfers In is due to the timing of the debt service payment paid in September 2010. Transfers for the early payoff of the COP have not been made. (2) The variance in trustee fees is primarily due to encumbrances that are recorded for the entire year. (3) The debt service principal was due and payable by September 1, 2010. Also, the early pay off for this COP has not been made. (4) The debt service interest payment is due and payable on September 1, 2010 and March 1, 2011. 17 CITY OF TEMECULA COMBINING STATEMENT OF NET ASSETS as of March 31, 2011 Vehicles and Information Insurance Support Facilities Fund Equipment Technology Services Fund Fund TOTAL Fund Fund ASSETS: Cash andlnvestments $ 573,530 $ 983,429 $ 729,812 $ 391,424 $ 272,344 $ 2,950,539 Receivables 1,346 1,559 3,541 528 1,640 8,614 Prepaid Assets 458,099 - - - - 458,099 Property, Plant, and Equipment (net of accumulated depreciation) - 731,049 179,244 108,305 - 1,018,598 TOTALASSETS 1,032,975 1,716,037 912,597 500,257 273,984 4,435,850 LIABILITIES AND NET ASSETS LIABILITIES: Current Liabilities 601,988 - 179,728 33,262 62,238 877,216 Capital Leases Payable - - - 138,756 - 138,756 TOTAL LIABILITIES 601,988 - 179,728 172,018 62,238 1,015,972 NET ASSETS: TOTAL NETASSETS $ 430,987 $ 1,716,037 $ 732,869 $ 328,239 $ 211,746 $ 3,419,878 NOTE: Balances are unaudited 18 CITY OF TEMECULA COMBINING STATEMENT OF REVENUES, EXPENSES, and CHANGES IN NET ASSETS INTERNAL SERVICE FUNDS for the Nine Months Ended 3/31/2011 Vehicles and Information Insurance Support Facilities Fund Equipment Technology Services Fund Fund TOTAL Fund Fund REVENUES: Investmentlnterest $ 4,973 $ 5,952 $ 2,763 $ 2,019 $ 1,083 $ 16,790 ChargesforServices 611,164 36,324 1,584,498 301,020 581,636 3,114,642 TOTAL REVENUES 616,137 42,276 1,587,261 303,039 582,719 3,131,432 EXPENSES: Salaries and Wages 43,801 - 923,090 180,143 302,951 1,449,985 Operating Expenses 641,570 - 498,700 55,051 261,113 1,456,434 Interest - - - 9,426 - 9,426 Depreciation - 201,320 145,988 36,871 - 384,179 TOTAL EXPENSES 685,371 201,320 1,567,778 281,491 564,064 3,300,024 Revenues Over/(Under) Expenses (69,234) (159,044) 19,483 21,548 18,655 (168,592) NetAssets as ofJuly 01,2010 500,221 1,875,081 713,386 306,691 193,091 3,588,470 Net Assets as of March 31, 2011 $ 430,987 $ 1,716,037 $ 732,869 $ 328,239 $ 211,746 $ 3,419,878 19 CITY OF TEMECULA STATEMENT OF NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUSTFUND as of March 31, 2011 CERBT FUND ASSETS: Cash and Investments $ 4,088,410 TOTAL ASSETS 4,088,410 LIABILITIES: Accounts Payable - TOTAL LIABILITIES - NET ASSETS: 4,088,410 Held in Trustfor Retiree Benefits 4,088,410 TOTAL NET ASSETS $ 4,088,410 NOTE: Balances are unaudited 20 CITY OF TEMECULA STATEMENT OF CHANGES IN FIDUCIARY NET ASSETS - Fiduciary Fund CALIFORNIA EMPLOYEE RETIREE BENEFIT TRUSTFUND for the Nine Months Ended 3/31/2011 CERBT FUND ADDITIONS CONTRIBUTIONS: Employer $ 211,160 InvestmentEarnings 772,742 TOTAL CONTRIBUTIONS 983,902 DEDUCTIONS: Benefits 211,160 TOTAL DEDUCTIONS 211,160 TOTAL ADDITIONS - NetAssets as of 7/1/2010 3,315,668 NetAssets as of 3/31/2011 $ 4,088,410 21 Item No. 5 Approvals City Attorney 5 Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 24, 2011 SUBJECT: Approval of Plans and Specifications and Authorization to Solicit Construction Bids for the Community Recreation Center (CRC) Energy Management and Retrofit Project - FY 2011-12, Project No. PW11-05 PREPARED BY: Bruce Wedeking, Maintenance Supervisor-Facilities RECOMMENDATION: That the City Council approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Community Recreation Center (CRC) Energy Management and Retrofit Project — FY 2011-12, Project No. PW11-05. BACKGROUND: Through the American Recovery and Reinvestment Act (ARRA) of 2009, funds have been made available to cities, counties and states to create jobs and to develop energy efficiency programs. The City of Temecula was granted $940,700 through the Department of Energy (DOE) Energy Efficiency and Conservation Block Grant (EECBG) to develop an energy efficiency and conservation program. $365,576 of this total grant was designated for municipal facilities energy retrofit projects. The Municipal Facilities Energy Retrofit Project will involve the replacement of 21 HVAC units, and the installation of a computerized energy management system, which will allow efficient management of the HVAC units at the Community Recreation Center. It is anticipated that the grant funded building energy retrofits will result in savings of approximately 105,000 Kwh annually. FISCAL IMPACT: All funding for the Community Recreation Center (CRC) Energy Management and Retrofit Project - FY 2011-12, Project No. PW11-05, will come from the Energy Efficiency and Conservation Block Grant (EECBG). ATTACH M ENTS: 1. Project Description � � � m ��. ' COMMUNITY RECREATION CENTER (CRC) ENERGY MANAGEMENT ' AND RETROFIT ' Infrastructure Projecf ' Project Descriqtion: Project will replace outdated heating and ventilation air conditioning (HVAC) systems ' with high efficiency HVAC systems, install window tinting on unshaded west, east, and south windows, and ' replace existing light fixtures in gymnasium with more efficient T5H0 and T8 fixtures. ' Benefit: Project will reduce overall electricity usage by 15%. In addition, the project will replace 16-year ', old HVAC equipment which will lower overall maintenance cost. ' Proiect Status: This project is estimated to be complete by the end of fiscal year 2012. ', Deqartment: Temecula Community Services—Account No. 210.190.152 Prioritv: I ', , Project Cost: actuais Future 'Tct�i toDate 70'�'�'�2;;; 2012-13 �Oi3-`]d `: 201415 2,b15,96,; Years �'ItiijeCiCoSt', Administration $ 3�,558 � . _ ,, ' $ "; $�,�� :, Construction '��l'X3,018: � ' , , ' $ ��3'1$; Design $ ��D00' '� ;; 35bD0 ; .a�, ;�, Totals $ $34ds576:; $ $,.; :,,,'� $ $„ %: ,:°c $ $ ;�I � � Source of Funds: Actuais r ; Future �aiaJ � Yo Date 2b�4 �;� � 2012-13 �{f18K�4� 2014-15 2015��,��: Years Wt'oj�§c��6�t� EECBG $344 5,76 $ -3q.} y��,": Total Funding: $ $S44 $ $ � $ $, ",:;= =' $ _ $ 3dd.��6 ,. Future Operation & �'� � � � �` � ` � ; , � Maintenance Costs: ''� � �� '�� , ' � 3U11'I� 2012-13 201,3,14,; 2014-15 2�l1�96,,; � '_ $ 5,000 ,$ '5,10t?; $ 5,202 $' $ 5412 ; � 3 i : , ; i 3 s ) Item No. 6 Approvals City Attorney 5 Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/ City Engineer DATE: May 24, 2011 SUBJECT: Acceptance of Improvements and Notice of Completion for the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW09-09 PREPARED BY: Amer Attar, Principal Engineer — CI P Jon Salazar, Associate Engineer - CIP RECOMMENDATION: That the City Council: 1. Accept the construction of the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW 09-09, as complete; 2. Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; and 3. Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. BACKGROUND: On July 13, 2010, the City Council awarded a construction contract to KZC Construction in the amount of $109,590.00 to complete the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW 09- 09. The work for the Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive project consisted of the installation of catch basins and reinforced concrete pipe, drainage structures, traffic detector loops, and relocation of an existing 12" water line. The Contractor has completed the work in accordance with the approved plans and specifications to the satisfaction of the Director of Public Works. All work will be warranted for a period of one (1) year from December 20, 2010; the date the City obtained "beneficial use" of the project improvements. The retention for this project has been released pursuant to the provisions of Public Contract Code Section 7107. FISCAL IMPACT: The Citywide Storm Drain Improvements, Rancho California Road at Vincent Moraga Drive, Project No. PW09-09 is identified in the City's Capital Improvement Program, Fiscal Year 2010-2011 and is funded with Capital Project Reserves. The base amount of the construction contract was $109,590.00; contract change orders totaled $10,567.33, contract item under runs totaled $400.00, for a total contract amount of $119,757.33. ATTACHMENTS: 1. Notice of Completion 2. Maintenance Bond 3. Contractor's Affidavit and Final Release RECORDING REQUESTED BY AND RETURN TO: qN CLERK qN OF TEMECULA P.O. Box 9033 41000 Main Street Temecula, CA 92589-9033 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. The City of Temecula is the owner of the property hereinafter described. 2. The full address of the City of Temecula is 41000 Main Street, Temecula, California 92590. 3. The Nature of Interest is a Contract which was awarded by the City of Temecula to KZC Construction, 34415 Calle Carmelita, Capistrano Beach, CA 92624 to perform the following work of improvement: CITYWIDE STORM DRAIN IMPROVEMENTS, RANCHO CALIFORNIA ROAD AT VWCENT MORAGA DRNE PROJECT NO. PW 09-09 4. Said work was completed by said company according to plans and specifications and to the satisfaction of the Director of Public Works of the City of Temecula and that said work was accepted by the City Council of the City of Temecula at a regular meeting thereof held on Mav 24, 2011. That upon said contract Western Insurance Companv was surety for the bond given by the said company as required by law. 5. The property on which said work of improvement was completed is in the City of Temecula, County of Riverside, State of California, and is described as follows: CITYWIDE STORM DRAIN IMPROVEMENTS, RANCHO CALIFORNIA ROAD AT VWCENT MORAGA DRNE, PROJECT NO. PW 09-09 6. The location of said property is: Rancho California Road at Vincent Moraga Drive, Temecula, California 92590. Dated at Temecula, California, this 24 dav of Mav. 2011. City of Temecula Susan W. Jones MMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones M MC, City Clerk of the City of Temecula, California and do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Riverside by said City Council. Dated at Temecula, California, this 24 day of May, 2011. City of Temecula Susan W. Jones MMC, City Clerk QVProgrem FileeANeavia.ComVDooument ConverterAtempA999949.doo � ,. _ 9 F i i � :,,.. . - . . , .� ._ . . ._ ..... REVISED ORIGINAL PREPARED APRIL 26, 2011 15SUED IN ONE ORIGINAL COUNTEP.PART BOND N0. NSC20158 CETY �F 'i'"E�(i�CI�L�., (�t��L�� C3�6�� r�,(�l"�C�lT ��e��!c� �o�� a€� PR0.1EC�" i�d0. PVLl�g-(�� CITZ°!lf/�D� ST�RIt�/ DRA.Ifl! It�PRO!!�fl�EIVT'S � f;ANCf-fO Cf-��l��Rt�(�i �O�D 6�lT VfNCEfV7" l��iQF�'�fsA DRf�� f�C�l01� ALl. PEE�SaNS BY THE�E FRES�NT �i HAl": KZC Construction, Inc., P.O. Box 1237, Brea, CA 92822 NAME AIVD ADDRESS CONTRACTOR'S a Corooration • , hereinafter calfed Prir�cipal, and (Tl! in whether a Corporafion, Partnership or individua!) Western Insurance Company, 675 West Moana Lane, Reno, NV 89515 IVAME AND ADDRESS OF SURETY hereinafter cafEed SURETY, are held and i`irmly bound unto CITY OF TEMECl1LA, hereinafter called OWNER, in the penal sum of Eleven Thousand Nine Hundred Seventy Five D�LL�RS and 23 /100 CE�11�S (� �i ) in lawful money af the United States, said sum being not less than ten (10%) of the Contract value payable by the said City of Te�necula under the terms of the Cantract, for the payment of which, we bind ourselves, successors, and assigns, joint(y and severally, firm{y by these presents. THE CQ�IDITION OF THIS OBLIGATlON is such tF�at whereas, the Principal en4ered into a certain Contract v�ith ttte �WI�ER, dated the 13th day of ��iy, 20�0 ,��, a copy of which is hereto attached and made a part hereof �a� the consfrucf€on of f�€�OJ��T i�0. P4��a9- f�9, CiT1fV�lia� S�'OR[�N DRt�{IV I�i�RO!l�fl�lE�f�'S - f�At�CF{� �Al.EFOF��(A hOAD �°� �I�CENT �iaRAGA aR14fE. �HEF��A�, said Gontract provides. thaf the Principal vvill fumish a bond car�ditioned to guarantee for the period of ane (1) year after appraval of fhe final estimate �n said job, by fhe OW�fER, against aA defects in warkmanship and materials �hich may faecon�e appar�nt during said periad; ar�d !f�lHE AS, the sa€d Confract has been corr�Rfeted, and vras the final esfimate approved on �� ` , 2010. f�O�d, TH��EFOf�E, TH� CO�L(�'fON OF Tt-tl� (�Bl��GA°�6C�1� (5 �f�C�l, that if �vithin ane year from �he date of approval of �he finaf estimate on said �ab p�rsuant to fhe Contract, fhe work cione under the terrr�s of said Contract shall disclose poor �rorkmanship in the execution of said �vark, and ti�e carrying out of the terms of said Contract, ar it shafl appear that defective materials were rurnished thereunder, then this obEigation sfia�l rema�n in fufl �orce and vir�ue, otherwise this instrument shall be void. As a part of the obligation secured hereby and in addition to the �ace amot�nt specified, casts and reasonable expenses and fees shall be incEuded, including reasonable attorney's fees incurred by MJa!NTCt�AFdCEB�tdO ��f-1 e�nr�rav��e:m�,reesneiy �.e� the City of Temecula in successfully enforcing tE�is obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipufates and agrees that no change, extension of time, alteratpon, or addition to the terms of the Contract, or to the work to be per#ormed thereunder, or to the specifications accompanying the same, shall in any way affect its obligations an this bond, and it cloes hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract, or to the warEc, or to the Specifications. Signeci ai�d sealed this 16th day of March, 2011 ,��Q. �;S�al) S�IR��Y_:-=. Western Insurance Company P��CI�� KZC Construction, Inc. ✓ -'�.. f By: BY= ' � ` � � � �ttc<�Gc�c1 Julia . Glad�'ng � � t (Name) l ( ame) Attor e - act �� '�S ��i � _ (Title) (fiEle) By: �.PPR01fED A� TO FORItA: (Name) Pefer M. Thorson, Ciiy Attorney (Title) A ��ach �$oYarial Ac�Cnow�edc�em�nt oP .��rag fiarr bath f€�e 5�sr and Pr�nci��l �dq�iatures fJAlPlTENAt�CE@OND h9-2 e�,�e�eRer�leruv�rcowaeq,.;a�s�rno--�;�t�a�,�m;��c-a��r�„iuo�sls��lrct�L�,y:�na r"� � DUPLICATE ORIGINAL PREPARED APRIL 26, 2011 BOND N0. NSC20158 ! ISSUED IN ONE ORIGINAL COUNTERPART � ! WESTERN INSURANCE COMPANY ;� � 7 7 9 a POWER OF ATTORNEY � i KNOW ALL MEN BY THESE PRESENTS: That WESTERN INSURANCE COMPANY a corporation organized and � existing under the laws of the State of Utah and having its principal oftice at the City of Sandy, in the State of Utah, does hereby ' constitute and appoint Kenneth A. Coate, Julia B. Gladding � s Of the STATE OF UTAH its true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to ; sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertal:ings, contracts and other written � instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the � performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said WESTERN INSURANCE COMPANY has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its President and Secretary, this 6th day of December, 2010. � WES'I'ERN INSURANCE COMPANY � 0 \Ha i F p�oaroq�� ♦ i s (Signed) By q ; s SEAL �� President ` � F 1990 t Y �rN)F OF � � �' (Signed) By �stdG� Secretary � STATE OF UTAH t I On this 6th day of December, 2010, before me personally came DI�K�L,;'�OTTMAN, PRESIUENT of the WESTERN INSURANCE COMPANY and AUCE A. MOLASKY ARMAN, SECR�T�Y of said Company, with both of whom 1 am personally acquainted, who being by me severally duly swom, sai �Lh the said D {C�IC L. ROTTMAN and ALICE A. MOLASKY ARMAN were respectively the PRESIDENT an�t4i�,�'£CRETARY�of�th�3aid WESTERN WSURANCE COMPANY, the corporation described in which executed the foreg wigj'o er of Atrome�;fl�at they each kn�,w the seal of said corporation; that the seal affixed to said Power of Attorney was sur�irc�JOrate seal, th �it�w�s so aftixed�b�Y�, d�rof the Board of Directors of said corporation, and that they signed their nam�tliCr�to by like or�erl�s �ESIDENT ar��C�ETARY, respectively, of the Company. Mv Commission expires tk�b� m Apri1�7 � t �� 4s� ....................................................... �+;' � t } � y VAIHICIAA.LEfSON � y'� � /� ' ,,e -- � ?� N s�:�«�rNM,a� �;�(Signed) C� .�X3�'� Notary Public � k' > �-� rvt �� `� � :.��.�..........� .........................�.........�.: ' � �� l'his Power of Attorney is gra �te�Ei�ntler and by authority of the following Resolutions adopted by the Board of Directors of the WESTERN INSURANCE COMPAI�IY on December 6, 2010. RESOLVED, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by person or entities appointed as Attomey(s)-in-Fact pursuant to a Power or Attomey issued in accordance with these resolutions. Said Power(s) of Attorney for and � on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President, or a Vice President, jointly with the Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing oflicers and the seal of the Company may be affixed by � facsimile to any Power of Attorney or ro any certificate relating thereto appointing Attorney(s)-in-Fact for purposes only of executing ! and attesting bonds and undertakings and other writings obligatory in the nature thereof, and , unless subsequently revoked and suhject to any limitations set forth therein, any such Power of Attorney or certiticate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. RESOLVED, that Attorney(s)-in-Fact shall have the power and authority, unless subsequently revoked and, in any case, subject to the terms and limitations of the Power of Attomey issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Atromey(s)-in-Fact shall be as binding upon the Company as if signed by an Executive Ofticer and � sealed and attested to by the Secretary of the Company. � 1 ALICE A. MOLASKY ARMAN, Secretary of the WESTERN INSURANCE COMPANY, do hereby certify that the I foregoing is a true excerpt from the Resolution of the said Company as adopted by its Board of Directors on December 6, 20I0 and i that this resolution is in full force effect. � I, the undersigned Secretary of the WESTERN INSURANCE COMPANY do hereby certify that the foregoing Power of 3 Attorney is in full force and effect and has not been revoked. � In Testimony Whereof, I have hereunto set my hand and the seal of the WESTERN INSURANCE COMPANY on this 16th day of March 2011 .N G�r�c.ddP. / �.o ��s/ sz�r:,td,,� ��°"'°�„� ; SEAL � « 1994 s r '�� oF �� CALIFORIVlA ALL-PURPOSE ACICEVOWLEDGMENT �.<=r.�,�.�.�.��.�.�.m.��.�.��.�.�.�.��.�.�.��.�,�.�,�- . _. . . - , :.� : ., ..��.� : State of California COUnty Of Riverside On March 16, 2011 before me , Stephanie D. Montague, Notary Public Date Here Insert Name and Title of the Officer personally appeared Jul i a B. G1 addi ng Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(� whose name�) is/a�e subscribed to the +� within instrument and acknowledged to me that . STEPHANI� D. MONTAGUE .qe/shef�teq executed the same in +�is/herf#�reir authorized �;, ' _ COMM. #1854652 p ca acifi ` � NOTARY PUBUC -CALIFORNIA � p y�J and that by signatur� on the � RIVERSIDECOUNTY instrument the person{�s}, or the entity upon behalf of My Comm. EnpiresJune 18 20�3 � Which the person{� 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 f� ial �a� Signature a� Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact • ❑ Attorney in Fact � ❑ Trustee Top of thumb h2re � Trustee Top of thurr�b here ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: ! e OO 2007 Nahonal Notary Association • 9350 De Soto Ave., PO. Box 2402 • Chatsworth, CA 91313-2402 • www.NationalNotary.org Item #5907 Reorder: Call Toll-Free 1-800-876-6827 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 �C',e:c,c-rc�`,c,r,c-c.c�c�,<=C',c.r.c;c,c-r`r.<=r rc�,<<;c�'.c;c�,c�r,�r,c,�',c�C',c.r,c�,� l;:xt-r.�-c�,c;c.c�e�,c�C,c-c.<=,.�y ��i � �� State of California r � � � County of G� �' G� r. c' �- / ' � � � -r� ; ` � On,� w�� zc�;'before me, �7�E'C<<-� �C�� ,�.., _0�� c �>�c � Date �� /� �, Here Insert Name and Title f the Officer - _ : personally appeared ��- ��>�CtI�G� -- Name(s) o( Signer(s) �.�— -- ' � --- _- -- — --- ----- _--------- �-- --� —� — _ ,� l �� who proved to me on the basis of satisfactory � � evidence to be the person(�' whose name� is/a�e- � subscribed to within instrument and acknowledged � o me tha��ls#�e,4�rey- executed the same in �; hi eir authorized capacity(�, and that by is - signature,�`� on the instrument the rsonS,s'j, or the e inYty upon behalf of which the person(s�' acted, executed the instrument. � •r I certify under PENALTY OF PERJURY under the Com�ion � 174'2262 laws of the State of California that the foregoing ' � NOIOry ►ub11c - Callfornlv � paragraph is true and correct. Oronge County 1 �M�*� �"�F��•�12 WITNESS<�=c} of�seal. / � � � � � Signat � � �� Place Notary Seal Above __/ Signature otary Public OPTIONAL � Though the information below is not required by law, it may prove valuable to persons relying on the document i and could prevenf fraudulent removal and reattachment of this form to another document. i Description of Attached Document __ � Titie or Type of Document: ,� � �� / � ��G l �< < < �' r ?�-'�' � Document Date: Number of Pages: Signer(s) Other Than Named Above:�� -l" �- Ca city(ies) Claimed �i Signer(s) Sign 's Name: Signer's Name: � Cor rate Officer Title(s): ❑ Corp rate Officer — Title(s): � Individ I : Indivi al . • = Partner —^ L' ited - General rop or m�mn ne�e � Partner !=J Limited - General Top or tn��mh nere ❑ Attorney in ct - I Attorney in act i Trustee _- Trustee C� Guardi or Cons ator i-, Guardian or C servator ❑ Othe . � Other: � � Sig er Is Representing: Signer Is presenting: �o�=e.�=<r^w��=*c.�cs�c:��s� �. _��;�.��:�;c.^�k,�c=�s�.�=�.�� _ - - - - - r ��.�.��c:� OO 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) .. Item #5907 CITY OF TEMECULA, PUBLIC WORKS DEPARTMENT CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE PROJECT NO. PW09-09 CITYWIDE STORM DRAIN IMPROVEMENTS - RANCHO CALIFORNIA ROAD AT V/NCENT MORAGA DRIVE This is to certify that �� Con57 .�i+G (hereinafter the "CONTRACTOR") declares to the City of Temecula, under oath, that he/she/it has paid in full for all materials, supplies, labor, services, tools, equipment, and all other bills contracted for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or subcontractors used or in contribution to the execution of it's contract with the City of Temecula, with regard to the building, erection, construction, or repair of that certain work of improvement known as PROJECT NO. PW09-09, CITYWIDE STORM DRAIN IMPROVEMENTS - RANCHO CALIFORNIA ROAD AT VINCENT MORAGA DRIVE, situated in the City of Temecula, State of California, more particularly described as follows: RANCHO CALIFORNIA ROAD AT VINCENT MORAGA DRIVE The CONTRACTOR declares that it knows of no unpaid debts or claims arising out of said Contract which would constitute grounds for any third party to claim a Stop Notice against of any ' unpaid sums owing to the CONTRACTOR. Further, in connection with the final payment of the Contract, the CONTRACTOR hereby disputes the following amounts: Description Dollar Amount to Dispute Pursuant to Public Contract Code §7100, the CONTRACTOR does hereby fully release and acquit the City of Temecula and all agents and employees of the City, and each of them, from any and all claims, debts, demands, or cause of action which exist or might exist in favor of the CONTRACTOR by reason of payment by the City of Temecula of any contract amount which the CONTRACTOR has not disputed above. CONTRACTOR Dated: By: � ignature � � Print Na e and Title RELEASE R-1 &�qP�PADJCCIS�PR'09�PV09D9 btywide Storm Dnio Impmremmis � N� v Ymuu� Noog��Speu�PVU9-09 Speccdrc Item No. 7 Approvals City Attorney 5 �� Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: May 24, 2011 SUBJECT: Resolution of Support for Senate Bill 264 (Correa), Recreational Activities: Skateboard Parks, (at the request of Mayor Roberts) PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT SENATE BILL 264 (CORREA) WHICH WILL EXTEND QUALIFIED IMMUNITY TO LOCAL PUBLIC AGENCIES THAT OPERATE PUBLIC SKATEBOARDING PARKS INDEFINITELY, PROVIDED THAT THEY MEET CERTAIN REQUIREMENTS. BACKGROUND: Existing law provides a qualified immunity to local public agencies that operate public skateboarding parks, provided that they meet certain requirements, which include requiring people who skateboard to wear helmets, elbow pads, and knee pads. This immunity, under the current law, is due to expire on January 1, 2012. Senate Bill 264 (Correa) would remove the sunset date and, therefore, extend the immunity indefinitely. Historically, the assumption of risk doctrine prevented individuals from recovering for injuries caused when they engaged in hazardous recreational activities on public property. The rationale for this qualified immunity was that these individuals recognized the risk inherent in the activity and voluntarily chose to accept that risk when engaging in that activity. In 1983, California codified a qualified immunity for public entities and employees for injuries suffered by individuals engaged in hazardous recreational activities. At that time, the qualified immunity included activities such as rock climbing, sky diving, and sport parachuting. Other activities have been added in subsequent years. In 1997, skateboarding, under certain conditions, was added to the list of recreational activities with qualified immunity. Pursuant to those provisions, skateboarding results in public entity immunity only when the participant is at least 12 years old, wearing protective gear, and performing a trick, stunt, or luge skateboarding on public property. As a result of this immunity, communities began building skateboarding parks for the use of their residents. These skateboarding parks provide a dedicated location for individuals to skateboard without worry of trespassing or vehicular hazards. This bill would permanently extend the limited immunity, and associated safety requirements, by removing the January 1, 2012 sunset date. Without repeal or extension of the sunset provision for the qualified immunity for skateboarding parks, public entities will faced increased liability related to skateboard parks and would no longer have incentive to build and operate these facilities. SB 264 enables public entities to maintain their current skateboard parks with less risk of liability. FISCAL IMPACT: None. ATTACHMENTS: Resolution. RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA TO SUPPORT SENATE BILL 264 (CORREA) WHICH WILL EXTEND QUALIFIED IMMUNITY TO LOCAL PUBLIC AGENCIES THAT OPERATE PUBLIC SKATEBOARDING PARKS INDEFINITELY, PROVIDED THAT THEY MEET CERTAIN REQUIREMENTS. THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, existing law provides qualified immunity to local public agencies that operate public skateboarding parks; and WHEREAS, this immunity is due to expire, under current law, on January 1, 2012; and WHEREAS, Senate Bill 264 (Correa) would remove that sunset date and, therefore, extend immunity indefinitely; and WHEREAS, the assumption of risk doctrine prevents individuals from recovering for injuries caused when they engage in hazardous recreational activities on public property; and WHEREAS, in 1997, skateboarding, under certain conditions, was added to the list of recreational activities with qualified immunity; and WHEREAS, as a result of this immunity, communities began building skateboarding parks for the use of their residents; and WHEREAS, these skateboarding parks provide a dedicated location for individuals to skateboard without worry of trespassing or vehicular hazards, and WHEREAS, Senate Bill 264 (Correa) would permanently extend the limited immunity, and associated safety requirements, by removing the January 1, 2012 sunset date; and WHEREAS, without repeal or extension of the sunset provision for the qualified immunity for skateboarding parks, public entities will face increased liability related to skateboard parks; and NOW THEREFORE BE IT RESOLVED that the City of Temecula supports Senate Bill 264 (Correa) and will provide a formal letter of support to California State legislators. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 24th day of May, 2011. Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Resolution No. 11- was duly and regularly adopted by the City Council of the City of Temecula at a meeting thereof held on the 24th day of May, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk TEMECULA COMMUNITY SERVICES DISTRICT Item No. 8 ACTION MINUTES of MAY 10, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 833 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 17 Action Minutes - Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 17.1 Approve the action minutes of April 19, 2011. 18 Fourth Amendment to the Roof Preventative Maintenance Services Aqreement with TremcoMleatherproofinq Technoloqies, Inc. for fiscal vear 2011-2012 - Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 18.1 Approve the Fourth Amendment with TremcoMleatherproofing Technologies, Inc. for $27,416 to provide preventive roof maintenance services at the various locations and extend the Agreement to June 30, 2012. 19 Third Amendment with Computer Alert Svstems, Inc. for Fire and Securitv Svstems Monitorinq for fiscal vear 2011-2012 - Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 19.1 Approve the Third Amendment with Computer Alert Systems, Inc. for Alarm Monitoring, Inspection, and Repair Services in the amount of $25,000 for fiscal year2011-2012. CSD Action Minutes\051011 1 20 First Amendment to the Citv Facilities Janitorial Service Aqreement with Able Buildinq Maintenance Companv, Inc. for fiscal vear 2011-2012 - Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 20.1 Approve the First Amendment with Able Building Maintenance Company, Inc. in the amount of $70,000 for City Facilities Janitorial Service for fiscal year 2011- 2012. 21 Second Amendment to the HVAC Maintenance Services Aqreement with Alpha Mechanical Service & Enqineerinq for Heatinq and Air Conditioninq Services for fiscal vear 2011-2012 - Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 21.1 Approve the Second Amendment with Alpha Mechanical Service & Engineering for Heating and Air Conditioning Maintenance Services in the amount of $50,000 for fiscal year 2011-2012. 22 First Amendment to the Elevator Services and Monitorinq Aqreement with ThvssenKrupp Elevator for fiscal vear 2011-2012 - Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 22.1 Approve the First Amendment with ThyssenKrupp Elevator in the amount of $16,800 for Elevator Services and Monitoring for fiscal year 2011-2012. 23 Fourth Amendment with Arch Chemicals, Inc., formerlv Marine Biochemists, for Water Manaqement/Maintenance Services for fiscal vear 2011-2012 - Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 23.1 Approve the Fourth Amendment with Arch Chemicals, Inc., formerly Marine Biochemist, in the amount of $46,800 for Water Management/Maintenance Services at the Harveston Lake Park and Temecula Duck Pond for fiscal year 2011-2012. CSD Action Minutes\051011 2 24 Amend the construction continqencv for the Temecula Communitv Center Expansion — Phase 2, Renovation of Historical Buildinqs, Proiect No. PW06-O5 - Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 24.1 Amend the construction contingency of the contract with Caltec Corporation for the Temecula Community Center Expansion — Phase 2, Renovation of Historical Buildings, Project Number PW06-O5 by $47,658.21 and adjust the General Manager's administrative approval authority accordingly; 24.2 Authorize the transfer of $33,000 from the FY2010-2011 Capital Improvement Budget of Play Structure Retrofit to the Temecula Community Center Expansion — Phase 2, Renovation of Historical Buildings, Project No. PW06-O5. 25 Acceptance of Improvements and Notice of Completion for the Ronald Reaqan Sports Park Desiltinq Basin Proiect, Proiect No. PWO5-13 - Approved Staff Recommendation (5-0-0) — Director Washington made the motion; it was seconded by Director Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 25.1 Accept the construction of the Ronald Reagan Sports Park Desilting Basin Project, Project No. PWO5-13, as complete; 25.2 Direct the City Clerk to file and record the Notice of Completion, release the Performance Bond, and accept a one (1) year Maintenance Bond in the amount of 10% of the contract amount; 25.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes\051011 3 CSD ADJOURNMENT At 837 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, May 24, 2011, at 530 PM., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\051011 4 Item No. 9 Approvals City Attorney 5 Director of Finance City Manager � TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: May 24, 2011 SUBJECT: Financial Statements for the Nine Months Ended March 31, 2011 PREPARED BY: Jennifer Crummel, Senior Accountant RECOMMENDATION: That the Board of Directors: 1. Receive and file the Financial Statements for the Nine Months Ended March 31, 2011. 2. Approve an appropriation of $150,000 in the TCSD Parks and Recreation Operating Budget for legal services. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the nine months ended March 31, 2011. Please see the attached financial statements for an analytical review of financial activity. The increase in appropriations for legal services is needed to ensure sufficient funds are budgeted for fiscal year 2010-2011 for legal fees related to the ongoing litigation of the Old Town Temecula Community Theater. FISCAL IMPACT: Sufficient TCSD fund balances are currently available to finance this increase appropriation of $150,000 to the TCSD legal line item. ATTACHMENTS: -Combining Balance Sheet as of March 31, 2011 -Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the nine months ended March 31, 2011. TEMECULA COMMUNITY SERVICES DISTRICT ................................ Combining Balance Sheet as March 31, 2011 and Statements of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the Nine Months Ended March 31, 2011 (Unaudited) .................................... Prepared by the Finance Department TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of March 31, 2011 Parks & Service Level Service Level Service Level Service Level Recreation B C D R ASSETS: Cash andlnvestments $ 1,353,887 $ 16,518 $ 738,772 $ 242,311 $ 7,744 Due From other Funds 4,653 - - - - Receivables 39,090 146 455 2,036 13 TOTAL ASSETS $ 1,397,630 $ 16,664 $ 739,227 $ 244,347 $ 7,757 LIABILITIES AND FUND BALANCES LIABILITIES: Due to Other Funds $ - $ - $ 4,653 $ - $ - Other Current Liabilities 460,757 54 9,497 308 - TOTAL LIABILITIES 460,757 54 14,150 308 - FUND BALANCES: Reserved 958,818 - 224,335 - - Designated - 16,611 500,742 244,038 7,757 Undesignated (21,945) - - - - TOTAL FUND BALANCES 936,873 16,611 725,077 244,038 7,757 TOTAL LIABILTIES and FUND BALANCES $ 1,397,630 $ 16,664 $ 739,227 $ 244,347 $ 7,757 NOTE: Balances are unaudited 1 TEMECULA COMMUNITY SERVICES DISTRICT COMBINING BALANCE SHEET as of March 31, 2011 Summer Service Library Youth 2001 Debt Total LevelL program Service ASSETS: Cash andlnvestments $ 200,044 $ 673,133 $ 18,050 $ 99,046 $ 3,349,504 Due from other Funds - - - - 4,653 Receivables 703 1,280 2 159 43,882 TOTAL ASSETS $ 200,747 $ 674,413 $ 18,052 $ 99,205 $ 3,398,039 LIABILITIES AND FUND BALANCES LIABILITIES: Dueto OtherFunds $ - $ - $ - $ - $ 4,653 Other Current Liabilities 1,772 8,376 90 - 469,837 TOTAL LIABILITIES 1,772 8,376 90 - 485,507 FUND BALANCES: Reserved 48,333 138,508 1,456 99,205 1,470,657 Designated 150,642 527,527 16,506 - 1,463,823 Undesignated - - - - (21,945) TOTAL FUND BALANCES 198,975 666,036 17,962 99,205 2,912,535 TOTAL LIABILTIES and FUND BALANCES $ 200,747 $ 674,413 $ 18,052 $ 99,205 $ 3,398,039 NOTE: Balances are unaudited 2 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL CITYWIDE OPERATIONS forthe Nine Months Ended March 31, 2011 Annual Year-to-Date % of Total Amended qctivity Encumbrances Total Activity qctivity Budget REVENUES: SpecialTax $ 3,764,794 $ 1,927,255 $ - $ 1,927,255 51% (1) TCSD Admin Fee CrediU"REST" 5,801,304 4,356,607 4,356,607 75% Recreation Program 1,796,257 1,262,987 1,262,987 70% Investmentlnterest 6,939 6,989 6,989 101% DevelopmentServices 105,302 72,744 72,744 69% TOTAL REVENUES 11,474,596 7,626,582 7,626,581 66% EXPENDITURES: Parks, Medians, and Arterial Street Lighting 6,747,911 4,423,259 680,195 5,103,454 76% Seniors 292,768 194,001 10,723 204,724 70% Community Rrecreation Center (CRC) 552,763 339,485 49,302 388,788 70% Recreation Programs 976,797 622,382 62,422 684,804 70% Temecula Community Center (TCC) 299,533 189,037 5,576 194,613 65% (2) Museum 239,678 159,917 19,256 179,174 75% Aquatics 612,203 346,917 23,901 370,817 61% (3) Spofts 310,556 228,569 17,341 245,910 79% Children's Museum 337,937 210,283 17,188 227,471 67% (3) CommunityTheater 1,098,962 740,125 47,948 788,073 72% CulturalArts 92,360 40,593 8,518 49,112 53% (3) Old Town Maintenance 123,750 63,101 16,448 79,549 64% (4) TOTAL EXPENDITURES 11,685,218 7,557,669 958,818 8,516,488 73% Revenues Over/(Under) Expenditures (210,622) 68,912 Transfers Out (489,653) (489,653) Revenues Over/(Under) Expenditures andTransfers (700,275) (420,741) Beginning Fund Balance as of July 1, 2010 1,357,614 1,357,614 Ending Fund Balance as of March 31, 2011 $ 657,339 $ 936,873 NOTES: (1) The second portion of Special AssessmentTaxes is scheduled to be received priorto end of May 2011. (2) The variance in Temecula Community Center is due to less than anticipated part time help needed. (3) The variance for Aquatics, Children's Museum and Cultural Arts is due to anticipated expenditures taking place during the summer season, beginning 4th quarter. (4) The variance in expenditure is due to a higher rainfall season therefore requiring less water utility charge for landscaping. 3 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL B- RESIDENTIAL STREET LIGHTS for the Nine Months Ended March 31, 2011 Annual Year-to-Date Percentage of Amended qctivity Budget Budget REVENUES: Assessments $ 641,435 $ 337,435 53% (1) TCSD Admin CrediU"REST" 312,989 312,989 100% (2) Street Lighting Fees 4,716 4,716 100% (3) Investmentlnterest 507 358 71% TOTAL REVENUES 959,647 655,499 68% EXPENDITURES: Salaries and Wages 7,734 5,601 72% Street Lighting Fees 925,475 687,451 74% Operating Expenditures 21,215 14,722 69% TOTAL EXPENDITURES 954,424 707,774 74% Revenues Over/(Under) Expenditures 5,223 (52,275) Beginning Fund Balance as of July 1, 2010 68,886 68,886 Ending Fund Balance as of March 31, 2011 $ 74,109 $ 16,611 NOTES: (1) The second portion of Special Assessment Taxes is scheduled to be received prior to end of May 2011. (2) Contribution is funded based on operational needs of Service Level B. (3) All Street Lighting Fees estimated forthis year have been received. 4 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL C- PERIMETER LANDSCAPING AND SLOPE MAINTENANCE for the Nine Months Ended March 31, 2011 Annual Year-to-Date Percentage Amended qctivity Encumbrances Total Activity of Budget Budget REVENUES: Assessments $ 1,582,798 $ 816,822 $ - $ 816,822 52% (1) Recovery of PriorYear Expense - 112 112 Investmentlnterest 3,685 2,114 2,114 57% TOTAL REVENUES 1,586,483 819,047 819,047 52% EXPENDITURES: Salaries and Wages 166,570 102,518 - 102,518 62% (2) Landscape Maintenance 849,027 451,263 224,335 675,598 80% Rehabilitation 24,704 - - - Operating Expenditures 540,491 227,148 227,148 42% (3) TOTAL EXPENDITURES 1,580,792 780,928 224,335 1,005,263 64% Revenues Over/(Under) Expenditures 5,691 38,119 Beginning Fund Balance as of July 1, 2010 686,958 686,958 Ending Fund Balance as of March 31, 2011 $ 692,649 $ 725,077 NOTES: (1) The second portion of Special Assessment Taxes is scheduled to be received prior to end of May 2011. (2) The variance is due to salary savings due to employee retirement. (3) The variance in expenditure is due to a higher rainfall season therefore requiring less water utility charge for landscaping. 5 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL D- REFUSE COLLECTION, RECYCLING AND STREET SWEEPING for the Nine Months Ended March 31, 2011 Annual Year-to-Date Percentage of Amended qctivity Budget Budget REVENUES: Assessments $ 5,869,114 $ 2,913,595 50% (1) Grants 12,543 12,543 100% (2) Recycling Program 5,000 5,436 109% (3) Investmentlnterest 3,256 3,664 113% TOTAL REVENUES 5,889,913 2,935,238 50% EXPENDITURES: Salaries and Wages 54,332 35,961 66% (4) Refuse Hauling 5,770,702 2,885,460 50% (5) Operating Expenditures 33,365 21,311 64% TOTAL EXPENDITURES 5,858,399 2,942,732 50% Revenues Over/(Under) Expenditures 31,514 (7,494) Beginning Fund Balance as of July 1, 2010, As Restated 251,532 251,532 Ending Fund Balance as of March 31, 2011 $ 283,046 $ 244,038 NOTES: (1) The second portion of Special Assessment Taxes is scheduled to be received prior to end of May 2011. (2) California State Grant was received this quarter. (3) Recycling program revenue for CR&R and other recycling haulers is higher than anticipated. (4) The variance is due to salary savings due to employee retirement. (5) The second payment to CR&R for refuse services is expected to be paid by June 2011. 6 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL R- STREETS AND ROADS for the Nine Months Ended March 31, 2011 Annual percentage of Amended Total Activity gudget Budget REVENUES: Assessments $ 7,376 $ 3,976 54% (1) Investmentlnterest 114 61 54% TOTAL REVENUES 7,490 4,037 EXPENDITURES: Emergency Street Maintenance 9,890 6,177 62% (2) Property Tax Admin Fees 150 148 TOTAL EXPENDITURES 10,040 6,325 63% Revenues Over/(Under) Expenditures (2,550) (2,288) Beginning Fund Balance as of July 1, 2010 10,045 10,045 Ending Fund Balance as of March 31, 2011 $ 7,495 $ 7,757 NOTES: (1) The second portion of Special Assessment Taxes is scheduled to be received prior to end of May 2011. (2) The variance is due to less than expected storm drain routine maintenance repair. 7 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL SERVICE LEVEL L- LAKE PARK MAINTENANCE for the Nine Months Ended March 31, 2011 Annual Percentage of Amended YTD Activity Encumbrances Total Activity gudget Budget REVENUES: Assessments $ 223,362 $ 111,856 $ - $ 111,856 50% (1) Harveston Lake Boat Fees 3,000 825 825 28% Investmentlnterest 1,934 1,192 1,192 62% TOTAL REVENUES 228,296 113,873 113,873 50% EXPENDITURES: Salaries and Wages 44,433 36,766 - 36,766 83% Operating Expenditures 217,910 106,440 48,333 154,773 71% TOTAL EXPENDITURES 262,343 143,206 48,333 191,539 73% Revenues Over/(Under) Expenditures (34,047) (29,333) Beginning Fund Balance as of July 1, 2010 228,308 228,308 Ending Fund Balance as of March 31,2011 $ 194,261 $ 198,975 NOTES: (1) The second portion of Special Assessment Taxes is scheduled to be received prior to end of May 2011. 8 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL TEMECULA LIBRARY for the Nine Months Ended March 31, 2011 Annual YeartoDate Percentage Amended qctivity Emcumbrances Total Activity of Budget Budget REVENUES: Library Services $ 159,561 $ 125,276 $ - $ 125,276 79% RESTContribution 76,854 - - (1) Investmentlnterest 10,845 6,212 6,212 57% TOTAL REVENUES 247,260 131,488 131,488 53% EXPENDITURES: Salaries and Wages 13,479 9,814 - 9,814 73% County Contract 180,000 83,720 96,280 180,000 100% (2) Operating Expenditures 549,820 304,243 42,228 346,471 63% TOTAL EXPENDITURES 743,299 397,777 138,508 536,285 72% Revenues Over/(Under) Expenditures (496,039) (266,289) Beginning Fund Balance as of July 1, 2010 932,325 932,325 Ending Fund Balance as of March 31, 2011 $ 436,286 $ 666,036 NOTES: (1) REST Contribution will be transferred by the end of 4th Quarter 2011. (2) Pursuantto an Agreement, semi annual payment to County is due in January and June of each fiscal year. 9 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL MAYOR SUMMER YOUTH PROGRAM for the Nine Months Ended March 31, 2011 Annual Year to Date Percentage Amended qctivity Emcumbrances Total Activity of Budget Budget REVENUES: FederalGrant $ 275,000 $ 195,249 $ - $ 195,249 71% TOTAL REVENUES 275,000 195,249 195,249 71% EXPENDITURES: Salaries and Wages 255,620 185,819 - 185,819 73% Operating Expenditures 19,380 9,430 1,456 10,886 56% TOTAL EXPENDITURES 275,000 195,249 1,456 196,705 72% Revenues Over/(Under) Expenditures - - Beginning Fund Balance as of July 1, 2010 17,962 17,962 Ending Fund Balance as of March 31, 2011 $ 17,962 $ 17,962 10 TEMECULA COMMUNITY SERVICES DISTRICT STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL DEBT SERVICE FUND for the Nine Months Ended March 31, 2011 Annual Year to Date Percentage of Amended qctivity Total Activity gudget Budget REVENUES: Investmentlnterest $ 140 $ 271 $ 271 Transfersln 489,653 489,653 489,653 100% (1) TOTAL REVENUES 489,793 489,924 489,924 100% EXPENDITURES: Debt Service - Principal 285,000 285,000 285,000 100% (2) Debt Service - Interest 203,848 104,845 104,845 51% (3) Operating Expenditures 3,850 3,850 3,850 100% (4) TOTAL EXPENDITURES 492,698 393,695 393,695 80% Revenues Over/(Under) Expenditures (2,905) 96,229 Beginning Fund Balance as of July 1, 2010 2,976 2,976 Ending Fund Balance as of March 31, 2011 $ 71 $ 99,205 NOTES: (1) The operating transfer was processed this quarter for principal and interest payment due March 2011. (2) Debtservice principal and interestwas paid on October 1, 2010. (3) Debt service interest payment will be paid by the end of May 2011. (4) The variance is due to encumbrances for trustees fees that are recorded for the entire year. 11 Item No. 10 Approvals City Attorney 5 Director of Finance City Manager � TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 24, 2011 SUBJECT: Food, Beverage and Alcohol Beverage Sales Agreement with Sherry Berry Music PREPARED BY: Barbara Smith, Senior Management Analyst RECOMMENDATION: Thatthe Board of Directors approve an agreementwith Sherry Berry Music to provide food, beverage and alcoholic beverage sales at the Old Town Temecula Community Theater for three (3) years beginning April 1, 2011 with two (2) additional one (1) year extensions. BACKGROUND: On December 11, 2007, Sherry Berry Music entered into an agreement with the Temecula Community Services District (TCSD) for providing concession services at the Old Town Temecula Community Theater. The term was for three (3) years with two (2) additional one (1) year extensions. The concession services provided by Sherry Berry Music have proven to be a valuable asset to the patrons of the Theater and Merc. Refreshments are available at least forty-five (45) minutes prior to all performances and during intermission. Appropriate foods and beverages best suited for the audience based on the type of performance are considered. All provisions of the original agreement have been met and theater staff highly recommends continuing services with this concessionaire. However, in order for Sherry Berry Music to continue providing the high quality services and products the payment negotiated in the original agreement was reviewed. In an effort to make the concession services viable, staff has met with Sherry Berry Music to renegotiate the provisions of the proposed agreement. Sherry Berry Music shall pay the City one hundred dollars per month on a quarterly basis and two percent of gross sales over one hundred thousand dollars in a calendar year. Concessionaire shall continue to maintain all Federal, State and Local licenses and permits which allows the sale of all beverages and food items. FISCAL IMPACT: Revenues to the City from the operations of the concession stand at the theater are estimated to be $300.00 for the balance of Fiscal Year 2010-2011. A minimal amount of $1,200.00 in rental revenue will be received for each fiscal yearthereafterwith additional revenue based on amount of gross sales. ATTACHMENTS: Professional Services Agreement FOOD, BEVERAGE AND ALCOHOLIC BEVERAGE SALES AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SHERRY BERRY MUSIC FOR THE OLD TOWN TEMECULA COMMUNITY THEATER THIS AGREEMENT is made as of May 24, 2011 and effective as of April 1, 2011, between the Temecula Community Services District, a community services district, (hereinafter referred to as "City") and Sherry Berry Music, a General Partnership ("Concessionaire"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be true and correct: a. The City has constructed and operates the Old Town Temecula Community Theater ("Theater"). b. City desires to have a Concessionaire, and Concessionaire desires, to provide for the sale of high quality food, beverages and alcoholic beverages at the Theater from the Food Concession Stand and other areas on the permitted premises at the Theater. c. City desires to provide a concession benefit to the Theater patrons. 2. DEFINITIONS. As used in this Agreement the following words and phrases shall be defined as follows: a. "Concessionaire Supplied EquipmenY' shall mean such equipment as is necessary for the providing of food, beverage and alcoholic beverage sales as required by this Agreement, except for the City Supplied Equipment. b. "Director" shall mean the Director of Community Services of the City of Temecula or his or her designee. c. "Director of Finance" shall mean the Director of Finance of the City of Temecula or his or her designee. d. "Food Concession Stand" shall mean the concession stand constructed at the Old Town Temecula Theater adjacent to the Mercantile. e. "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food, beverages and alcoholic beverages sold pursuant to this Agreement prior to payment of expenses. f. "Indemnified Parties" shall mean the City of Temecula, the Temecula Community Services District and the Redevelopment Agency of the City of Temecula, and their respective officers, officials, agents, employees and volunteers. g. "Theater" shall mean the Old Town Community Theater in the Old Town area of the City of Temecula. C:�ProgramFiles\Neevia.Com�DocumentConverter\temp\1000210.doc 1 3. EXCLUSIVE AGREEMENT FOR FOOD, BEVERAGE AND ALCOHOLIC BEVERAGE SALES AT FOOD CONCESSION STAND. The City hereby grants to Concessionaire an exclusive right to sell high quality food, beverages and alcoholic beverages from the Food Concession Stand and other areas on the permitted premises to patrons of the Theater and members of the public in accordance with the terms of this Agreement. The City reserves the right to contract with other food vendors in areas of the Theater for special events. For these special events, said food vendors shall be required to use the Concessionaire for sales and service of alcoholic beverages. The City shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Special Event. 4. MAINTENANCE OF EQUIPMENT AND PHYSICAL PLANT OF FOOD CONCESSION STAND. a. The City shall provide the Food Concession Stand for the operation of the food, beverages and alcoholic beverages sales operation. City shall maintain the Food Concession Stand in good working order and replace such items of the Food Concession Stand when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement of the Food Concession Stand, or parts thereof, damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the Food Concession Stand in accordance with applicable law and standard commercial food handling practices. b. Concessionaire shall provide such other equipment as is necessary for the providing of food, beverage and alcoholic beverage sales as required by this Agreement, except for the Food Concession Stand ("Concessionaire Supplied EquipmenY'). At the termination or expiration of this Agreement, the City shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. c. All signage for the Concessionaire's food, beverage and alcoholic beverage operation at the Food Concession Stand and, including sign content, shall be approved in writing by the Director prior to placement. 5. FOOD, BEVERAGE AND ALCOHOLIC BEVERAGE SALES OPERATIONAL REQUIREMENTS. In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide food and beverages at the Food Concession Stand during the following times: Forty-five (45) minutes prior to any performance or event at the Theater and through the intermissions of the performance or event. Additional hours shall be provided upon the prior written approval of the Concessionaire and the Director. A calendar of events will be provided to the Concessionaire on a bi-monthly basis. Concessionaire may provide additional hours of food and beverage service with the prior written approval of the Director. b. Prior to commencement of the sales from the Food Concession Stand and not less than each calendar quarter thereafter the Director shall review and, after consulting with Concessionaire, approve the menus and quality of offerings for the Theater operations. Concessionaire shall not sell any items from the Food Concession Stand without the prior written consent of the Director. C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc 2 c. Director shall approve in writing the food, beverage and alcoholic beverage price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices for food, beverages and alcoholic beverages shall not exceed the prices on this approved list. d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality food, beverage and alcoholic beverage services as are required of Concessionaire in meeting its obligations under this Agreement. e. As of the date of this Agreement, the City has obtained from Riverside County Health Department all applicable health permits and licenses as the owner of the facility in which the food, beverages and alcoholic beverages services described in this Agreement will be conducted. Concessionaire shall operate and manage the food, beverage and alcoholic beverage services described in this Agreement in full compliance with the terms of such permits and licenses and with any changes or modifications to said permits and licenses. To the extent the laws, regulations or opinions of the Riverside Health Department may change, Concessionaire shall obtain such permits and licenses as required by applicable laws and regulations. f. Concessionaire shall at its own cost and expense procure and keep in force during the term of this Agreement all necessary permits and licenses and shall require any subcontractors to have all necessary permits and licenses during the course of the term of the Agreement, including, without limitation: (1) City of Temecula business license; (2) County of Riverside Health Department food handler permits; and (3) California State Board of Equalization sellers permit. The City shall provide the Environmental Health Permit. g. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment of taxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the term of the Agreement as a result of Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against City's property during the term of this Agreement. h. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to City. The style and colors of uniforms for employees shall be approved by the Director. i. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall follow all applicable sanitary practices, rules and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the City. The City shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. j. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of normal sensitivity during the course of providing services at the Theater. Concessionaire's employees shall not interfere with a program or special event C:�Program Files\Neevia.Com�Document ConverterAtempA1000210.doc 3 presented at the Theater. The Director shall be the sole judge in the determination of such matters. k. To the extent required by law, Concessionaire's employees shall be fingerprinted and undergo the State required background check for working in a public park. I. Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. m. Concessionaire shall respond promptly to all complaints from patrons and shall report to City on each complaint and the resolution thereof. If City believes a complaint to be of a serious nature, City shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. n. Not less than once each calendar month during the first year of the term of this Agreement, the Director and Concessionaire shall meet to discuss the operation of the food, beverage and alcoholic beverage services and the financial viability of the operation. o. All promotions with other food vendors or any subcontracts shall be approved in advance and in writing by the Director. p. Concessionaire shall allow City Staff access to the Food Concession Stand and Concessionaire's operation as necessary or convenient to the City to insure compliance with the terms of this Agreement. 6. TERM. This Agreement shall commence on April 1, 2011 and shall remain and continue in effect until April 1, 2014, unless sooner terminated or extended pursuant to the provisions of this Agreement. City shall have the right to extend this Agreement for two one (1) year periods with the first beginning on April 1, 2014 and the second beginning on April 1, 2015. In no event shall the contract be extended beyond April 1, 2016. City shall exercise its option to extend the Agreement on or before February 1 st of the year of expiration. 7. PAYMENT TO THE CITY. a. Concessionaire shall sell its food and beverages to patrons of the Theater and members of the public from the Food Concession Stand and other areas on the permitted premises. City shall not be required to pay or otherwise compensate Concessionaire for providing food and beverage services at the Theater. b. For the privilege of operating the Food Concession Stand pursuant to the terms of this Agreement, Concessionaire shall pay to the City one hundred dollars ($100.00) per month paid on a calendar quarterly basis. Said sum shall be paid to the City within ten (10) calendar days following the end of each calendar quarter. In addition, at the end of the calendar year, the concessionaire shall pay to the City two percent (2%) of the gross revenues over one hundred thousand dollars ($100,000.00) from its sales pursuant to this Agreement. Said sum shall be paid to the City by February 15` of each year. At termination of agreement, this payment will be due prior to release of the one thousand dollar ($1,000.00) deposit. Failure to make this payment will result in the appropriate reduction or total forfeiture of the deposit, as per Section 6.e and as determined by the Director of Finance. C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc 4 c. As used in this Agreement, "Gross Revenue" as defined in Section 2.g, provided, however, sales taxes pursuant to Section 7200 et seq. of the Revenue and Taxation Code shall not be included in Gross Revenues. d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaires' revenues received in connection with the sales of food, beverages and alcoholic beverages pursuant to this Agreement. The Director of Finance shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration of the term of this Agreement and any extensions thereof. City and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business day's notice. If a City audit uncovers an underreporting of Gross Revenues in the amount of five percent (5%) or more during a one year period, Concessionaire shall pay the City's costs in performing the audit. e. Concessionaire shall keep in deposit in a local bank, or savings and loan company having F.D.I.C., or F.S.L.I.C., in favor of the City of Temecula, the amount of One Thousand Dollars ($1,000.00). If Concessionaire defaults in payments to the City or any of the terms, provisions, covenants and conditions of this Agreement, City may use, apply, or retain the whole or any part of this security for any payment due to the City of any expenses or payment in default or for any other sum which the City may spend or be required to spend by reason of Concessionaire's default. The security deposit or any balance remaining of the security deposit, less any deductions per this subsection, shall be returned to Concessionaire, within fourteen (14) days of the termination or expiration of this Agreement. In the event City uses part or all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used within ten (10) days of notice from City. City may require, at any time that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. 8. TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the City at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the Director otherwise agrees in writing. c. In the event this Agreement is terminated pursuant to this Section, the Concessionaire shall pay to the City the amounts which may be due to the City under this Agreement through the time of termination. C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc 5 9. DEFAULT OF CONCESSIONAIRE. a. Concessionaire's failure to comply with the provisions of this Agreement shall constitute a default. b. If the Director determines that Concessionaire is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Concessionaire with written notice of the default. Concessionaire shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Concessionaire fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate or suspend this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. c. In the event the Director determines that Concessionaire's default poses an immediate risk to the health or safety of patrons of the park, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the Director shall initiate the default procedures set forth in this Section. d. The City and Concessionaire agree that waiver by the City or Concessionaire 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. 10. INDEMNIFICATION The Concessionaire agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Concessionaire's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 11. INSURANCE REQUIREMENTS. Concessionaire shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Concessionaire, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc 6 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1(any auto). If the Concessionaire owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Concessionaire has no employees while performing under this Agreement, worker's compensation insurance is not required, but Concessionaire shall execute a declaration that it has no employees. 4) Liquor Liability for bodily injury, personal injury, and property damages. b. Minimum Limits of Insurance Concessionaire shall maintain limits no less than: 1) General Liability: Two Million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One Million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. Worker's Compensation insurance is required only if Concessionaire employs any employees. Concessionaire warrants and represents to the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. 4) Liquor Liability: One million dollars ($1,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc 7 officials, employees and volunteers are to be covered as the insured's, as respects: liability arising out of activities performed by or on behalf of the Concessionaire; products and completed operations of the Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this Agreement, the Concessionaire's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Concessionaire's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Concessionaire's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days' prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Concessionaire shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptabilitv of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A-:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coveraqe. Concessionaire shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Concessionaire's C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc g insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR. a. Concessionaire 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 Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire 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. Concessionaire shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Concessionaire in connection with the performance of this Agreement. Except for the rights of Concessionaire as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for City. City shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself informed of all applicable 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 obligations pursuant to this Agreement. Concessionaire 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 for any failure of the Concessionaire to comply with this section. 14. RELEASE OF INFORMATION. a. All information gained by Concessionaire in performance of this Agreement shall be considered confidential and shall not be released by Concessionaire without City's prior written authorization. Concessionaire, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Concessionaire gives City notice of such court order or subpoena. b. Concessionaire shall promptly notify City should Concessionaire, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Concessionaire. However, City's right C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc 9 to review any such response does not imply or mean the right or obligation by City to control, direct, or rewrite said response. 15. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: Temecula Community Services District P.O. Box 9033 Temecula, California 92589-9033 Attention: General Manager Use this Address for a Delivery Service or Hand-Deliveries ONLY: Temecula Community Services District 41000 Main Street Temecula, California 92590 Attention: General Manager To Concessionaire: Sherry Berry Music 45600 Corte Royal Temecula, CA 92592 Attention: Sherry Williams 16. ASSIGNMENT. Due to the special services being performed by Concessionaire pursuant to this Agreement, and the importance of providing quality food, beverage and alcoholic beverage services, Concessionaire shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the General Manager. 17. GOVERNING LAW; LITIGATION. The City and Concessionaire 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 City court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc 10 in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub- contractors for this project, during his/her tenure or for one year thereafter. The Concessionaire hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, sub-contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Concessionaire or Concessionaire's sub-contractors on this project. Concessionaire further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of Concessionaire and has the authority to bind Concessionaire to the performance of its obligations hereunder. The General 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. C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc 11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES DISTRICT Jeff Comerchero President Attest: Susan W. Jones, MMC, City Secretary/ City Clerk Approved as to form: Peter M. Thorson, General Counsel SHERRY BERRY MUSIC a General Partnership 45600 Corte Royal Temecula, CA 92592 Sherry Williams Partner Frank R. Fletcher Partner C:�Program Files\Neevia.Com�Document Converter\temp\1000210.doc 12 Item No. 11 Approvals City Attorney 5 Director of Finance City Manager � TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 24, 2011 SUBJECT: Amendments to Annual Agreements for various services required by the Community Services Department Maintenance Division for Flscal Year 2011- 2012 PREPARED BY: Jerzy Kanigowski, Facility Services Manager RECOMMENDATION: That the Board of Directors: 1. Approve the following amendments to annual agreements in the amounts stated for fiscal year 2011-2012 for routine maintenance and emergency services for various Maintenance Division needs. General Maintenance Contractor Services: Always Reliable Backflow $25,000 Certified Pool Water Specialist $20,000 Clear Image Window Cleaning $30,000 Diamond Environmental Services $30,000 Golden State Fire Protection, Inc. $30,000 Priority Door Systems $20,000 South County Pest Control $20,000 Southern California Sound, Stage & Lighting $20,000 Steam Superior $30,000 Straight Line Glass $10,000 Temecula Valley Security Center $20,000 BACKGROUND: On July 1, 2010 The General Manager approved agreements with the above listed firms to complete a vast array of on-call services assisting & supplementing the Maintenance Division staff with maintaining the City's infrastructure. Needed services are package and requested from the appropriate Contractor by Service Requests. Contractors submit a cost proposal for each service request and funds are allocated from the corresponding operating budget line item. Only approved work will utilize the services under these agreements, unless otherwise directed by the General Manager or Board of Directors. The original agreements allow for four one (1) year extensions. Each of the listed firms have responded in a timely, manner when requested, provided an economical means of completing the necessarywork and performed satisfactorily. Therefore staff is recommending contract extensions for each vendor. FISCAL IMPACT: Adequate funds will be available in the Community Services Department Maintenance Division budget, upon approval of the FY 2011 — 2012 budget. ATTACHMENTS: 1) Amendments R:\SIRE REPORTS ET AL\Maintenance�2011-2012\Generzl Maintenance\Staff Report 2011 -2012.tloc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND ALWAYS RELIABLE BACKFLOW FOR BACKFLOW MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Nanette Seman, d/b/a Always Reliable Backflow (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 15, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Backflow Maintenance Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $25,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty Five Thousand Dollars ($25,000) for a total Agreement amount of Fifty Five Thousand Dollars ($55,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]58.doc Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]58.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Nanette Seman, d/b/a/ Always Reliable Backflow DISTRICT By: By: Jeff Comerchero, TCSD President Nanette Seman, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Always Reliable Backflow Contact Person: Nanette Seman 24909 Madison Ave. # 3212 Murrieta, Ca 92562 Phone Number: (951) 265-0432 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]58.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE 24909 Madison Avenue, #3212 Mun•ieta, CA 92562 (951) 265-0432 County Certification #1 I-531-03 City of Temecula Commuuity Seivices Department 4300 BLisiuess I'ark Drive 'I'emecula, CA 92590 AtCention: Jerzy Kanigowski Dear Mr. Kanigowski: 1'hank you for your recent correspondence requesting my participation in the City of Temecula's backflow cerYif cation and maintenance bid process. I am an independeizt, owner operator business. As the sole employee of Always Reliable Backilow, I personally ensure reliable and timely certifications, installations, and repairs. I have maintained a backflow certification witli Cl�e County of Riverside for the past scven years aild have provided outstanding service to many cusComers in the local communitiies of 7'emecula and Murrieta. My mulTiple corporate rate for backflow annual certifications is $25.00 per device, regardless of device size. My regular hourly rate for repairs, maintenance and/or installations is $75.00 per hour, seven days a week (excludin� holidays) up to 8:00 PM. My overtime hourly rate for holidays and callouts extending beyond 8:00 PM is $125.00 per l�our. I charge an addiCional 15%- 25% for parts over wholesale pricing. As a certified backflow company with the County of Riverside, l am authorized to perform annual backflow certificatiou tests, backflow repairs and installations (new ancl replacements). ]n addition, I also install protective/theft preventive cage enclosures and painting of backflow devices. All of the above seivices are performed per specifications of the County of Riverside and/or the appropriate Water District requirements. Currently, I provide seivice to several corporate accou�zts in the Area ai�d Recommendation letters can be provided upon requesY. Once again, thank you for this opportunity and please feel free to contact me if you have any questions. Sincerely, � � r' �� , . � �� — � � �, � _ Nanctte Seman, Owner/Opei•aCor Always Reliable Backflow C:\Program Files\Neevia.Com\Document Converter�temp\1000758.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND CERTIFIED POOL WATER SPECIALIST, LLC FOR POOL AND FOUNTAIN MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Certified Pool Water Specialist, LLC, a Limited Liability Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 15, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Pool and Fountain Maintenance Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $20,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty Thousand Dollars ($20,000) for a total Agreement amount of Fifty Thousand Dollars ($50,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day C:\Program Files\Neevia.Com\000�me�c Converter�temp\1000759.doc following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C:\Program Files\Neevia.Com\000�me�c Converter�temp\1000759.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Certified Pool Water Specialist, LLC DISTRICT (Two Signatures of corporare officers required unless corporare documents authorize only one person to sign the agreement on behalf of the co�poration.) By: By: Jeff Comerchero, TCSD President Joseph Pierce, President ATTEST: By: By: Susan W. Jones, MMC, City Terry Pierce, Vice President Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Certified Pool Water Specialist, LLC Contact Person: Joseph Pierce 31566 Railroad Canyon Rd. # 657 Canyon Lake, CA 92587 Phone Number: (951) 264-2124 FSM Initials: Date: C:\Program Files\Neevia.Com\000�me�c Converter�temp\1000759.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE PRICE PRICE PER PER YEAR MONTH DESCRIPTION Community Recreation Center, $g00.00' $10,800.00' Two (2) Pools (wader and large pool with water slide) serviced (3) days a week. Brush pool on Thursday. Vacuum pool on Tuesday & Friday. Temecula Elementary School, Option 1; serviced (3) days a week. Brush pool Thursday. Vacuum pool on Tuesday & Friday. Temecula Elementary School Option 2; (2) two days a week. Brush pool Tuesday and Vacuum pool on Friday. Civic Center/Town Square $175.00 $2,100.00 Town Square Fountain, serviced two da s a week *This rate is for all (3) pools. The City has option to select 2 day or 3 day service per week with no change in this rate. ALTERNATE BID ITEMS-For emergency repairs or extra work authorized by City MARK-UP ADDED TO VENDOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT 20% HOURLY RATE PER REGULAR MAN HOUR-8am To 5pm $75.00 Monday through Friday HOURLY RATE PER OVERTIME MAN HOUR-After-hours, $g5.00 Weekends, Holidays, etc. Company Name: Signature of Authorized Representative: Name and Title C:\Program Files\Neevia.Com\000�me�c Converter�temp\1000759.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND CLEAR IMAGE WINDOW CLEANING FOR WINDOW CLEANING SERVICES THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Mike Buechler, d/b/a Clear Image Window Cleaning (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 15, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Window Cleaning Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $30,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Thirty Thousand Dollars ($30,000) for a total Agreement amount of Sixty Thousand Dollars ($60,000). 4. Section 21 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]60.doc following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]60.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Mike Buechler, d/b/a/ Clear Image Window DISTRICT Cleaning By: By: Jeff Comerchero, TCSD President Mike Buechler, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Clear Image Window Cleaning Contact Person: Mike Buechler P.O. Box 966 Murrieta, Ca 92564 Phone Number: (951) 698-8618 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]60.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE • Exterior & Interior Windows Cleaning at the Old Town Theater $150.00 per visit • Exterior Window Cleaning at the Old Town Theater $235.00 per visit • Exterior Window Cleaning at the TVM $199.00 per visit • Exterior Window Cleaning& Screens Washed at the MPSC $275.00 per visit • Exterior Window Cleaning & Canopy Glass at the City Hall $420.00 per visit • Exterior Window Cleaning at the TCC $198.00 per visit • Exterior & Interior Window Cleaning at the CRC $665.00 per visit • Exterior & Interior Window Cleaning at the Library $2,485.00 per visit • Exterior & Interior Window Cleaning at the FOC $300.00 per visit • Exterior Window Cleaning at the FOC $198.00 per visit • Exterior Window Cleaning at the MF $125.00 per visit • Exterior & Interior Window Cleaning at the Civic Center $3,827.00 per visit /// C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]60.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND DIAMOND ENVIRONMENTAL SERVICES, LLC FOR PORTABLE RESTROOMS MAINTENANCE SERVICE THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Diamond Environmental Services, LLC, a Limited Liability Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 15, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Portable Restrooms Maintenance Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $30,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Thirty Thousand Dollars ($30,000) for a total Agreement amount of Sixty Thousand Dollars ($60,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]61.doc that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]61.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Diamond Environmental Services, LLC DISTRICT (Two Signatures of corporare officers required unless corporare documents authorize only one person to sign the agreement on behalf of the co�poration.) By: By: Jeff Comerchero, TCSD President Eric De Jong, President ATTEST: By: By: Susan W. Jones, MMC, City Silva De Jong, Vice President Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Diamond Environmental Services, LLC Contact Person: Eric De Jong 807 E. Mission Rd. San Marcos, CA 92069 Phone Number: (760) 744-7191 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]61.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE The following rates will be charged for work under this contract: • Portable Restrooms: Lonq Term (Prices include damage waiver and weekly service) Standard Unit @ $52.88' Handicap Unit @ $97.88' Sinks @ $75.88' Special Events (Price include delivery, set up, tax, supplies and pick up) Standard Units @ $44.88' Handicap Units @ $70.88' Sinks @ $40.88' Customer Owned Units (Price includes weekly pumping, chemicals and toilet paper) Trail Head Unit @ $45.00 Hourly rate for portable restrooms is $55.00 per hour (M-F 6:00 am to 4:00 pm) and $85.00 per hour for overtime/weekend/holiday and emergency services. Septic- Approx. 2500 gallons @$320.00 per service. Grease Interceptor- Three locations approx. 1200-1500 gallons each @$.25 per gallon (all units must be pumped simultaneously) 'Prices include: damage waiver, weekly service, delivery, set up, tax, supplies, and pick up. /// /// C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]61.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND GOLDEN STATE FIRE PROTECTION, INC. FOR FIRE PROTECTION AND MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Golden State Fire Protection, Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 16, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Fire Protection and Maintenance Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $10,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Ten Thousand Dollars ($10,000) for a total Agreement amount of Forty Thousand Dollars ($40,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]62.doc following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]62.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Golden State Fire Protection, Inc. DISTRICT (Two Signatures of corporare officers required unless corporare documents authorize only one person to sign the agreement on behalf of the co�poration.) By: By: Jeff Comerchero, TCSD President Walter R. Sarratt, President ATTEST: By: By: Susan W. Jones, MMC, City JR Lockwood, Vice President Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Golden State Fire Protection, Inc. Contact Person: JR Lockwood 15535 Arrow Route, Fontana, CA 92335 Phone Number: (909) 356-5644 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]62.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE 5 �, o � , L O_ 7 ' N ,C O y U. C U .0 E C O (n � Vl fl- 3� S C d O O i O � � R � � £ � � .3 � � Z N > > � � � � _ �+ � � N 3 � � � :+ N � ( � �j � ' 3 � - p � rtf ' � m � > O .G O ' U � � £ � i � U E E� m w.c �.c E '� m y o a :o E� �� c � N m� �a � m c. U N c ti _ > > d G�S L L fl' '6 "a U L U.0 � � � N O � � F »�+ � � m N � = 7 (D T � j O j '�r. O O O O N V V N 3 N O 'O C � V U ^ ZLLLLILd = ai-au_ C N• �C1 �J �" N y � � W N �U m d O O � ° "N "�� Y�i M a ' z O O al t0 Ol 'O N N U N O O C C� b�� C� o� � X N� 'a m t +-� 'o O� � U � N �M � � U� '�'- N N U� O O 0 O m � p j'j fn V +� y� C V p N C '= U�..�• w � � � R C O ((f � M � � � � � .� (0 N O<O � .�-. m O .�.� 0" � f14 O� � tf> 111 � U N U � d V w M t-, `o � �. � d � � U � �x o� a Y N E urow � ' ` (p " M O � — U _ .0 U O ..� � d� C � O� } N 'd' 1� O � C 3 C�+�-� k J � ^ � " - . C ' � � I-' � � o k� �= ur v> � Y c d o�';� c � � o m�� O rn `o °- o� m«_ o v � �- O U= ,� 3 �� E'D Q o � (/' °' 2� N � � o � o u � c� V p Vi � N W i� � n- � = N p R � a. �/1 <D � F- 1d N N� N - t, 0 � o a`h`� �� oo °o°o°o QQ ° o ° o ° o ° c�'i °' .. � m ;° E.c o� �¢�2 �� MM N°v°oaa � o� � c°ii m'� o�, c o N _ Q � � � w in i» ur en ur u> w t» � c c� �• y� � � a c � � c .� j j � � d �' N �. '� C N 0 (t� � '� �.I "� p � p ;N = m y d d (� a �ro J � + •�- � Iw- = y � ia �� u �v �` .� '3 Q f/) � C � N U 1` � d 0 � fn O T N i T� �~� U d � R — � ' N E O .� 2 � U 'O _ £ C .L N i O O U �� F' �� E U O U. T V�� N C O � � � Il p d LL � d. U � J � N V- � W m � - N N U V LL'O 1 0 O �.� � a G�p C F �N �� d p L d N N�p .1� y� Z O � N O � � � .. .a � ` C � N m ,�,0 � N Q "O U N 1- Y LT1 y a�.� >> O- � A �'- d O. u. �a ia m R� � c � p� 3 c r � 1 ° >, Y � m v ��S m' uo �-V�� - � °: g°: m`° o. � '° US L �> 3 N�o d Z°' Q , '° Z O f0 R t6 R Y O �t �� 1 � O� 7 N U �,�_,, � Q � �� L w 3 c c:6 �°' �° o� u d i � �'o U O . o a u. - ovv - o F � d o:...—y m�l-v d �`� �Z rnm m � � m m m m � o o iv Z` 3 3 c w m c' O ��a c a d d d m�QN � s> a o u � o��m c � } E£ E E� u m m m�� O O m —�� Q°� m d F- F-F-f-f-R'fn0] LL�fnILZZ .*� Q�� N OU E�,.'S C:\Program Files\Neevia.Com\Document Converter�temp\1000762.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND PRIORITY DOOR SYSTEMS, INC. FOR DOOR HARDWARE MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Priority Door Systems, Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 16, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for poor Hardware Maintenance Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $20,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty Thousand Dollars ($20,000) for a total Agreement amount of Fifty Thousand Dollars ($50,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]63.doc Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]63.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Priority Door Systems, Inc. DISTRICT (Two Signatures of corporare officers required unless corporare documents authorize only one person to sign the agreement on behalf of the co�poration.) By: By: Jeff Comerchero, TCSD President Jim Brewster, VP/CFO ATTEST: By: By: Susan W. Jones, MMC, City Lisa Brewster, CEO Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Priority Door Systems, Inc. Contact Person: Jim Brewster 2120 West Mission Road Suite K Escondido, CA 92029 Phone Number: (866) 751-7022 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]63.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE �a .Q� ��e O Phone:866-Z51-T022 Phone:Z60-233-503Y Fax:T60-233-5089 �oor Systems jbrewster@prioritydoors.com www. prioritydoors. com Commexcial & Indusfrial Door Service & Sales CA License # SST52T AAADM # 050056 Rate Sheet : 2010 Effective 1/1/10 Business Hours Overtime Double time Saturday Sunday & 7:30am-4:30pm 4:30 pm-8:OOpm 8:00 m-7:30am 7:30am-4:00 m Holida s One man $98 a n ho w• $147 au I�o ur $196 an ho �u� $147 an I�o ur $196 an ho w� 2 man crew $138 an hour $207 an how• $276 an how� $207 an hour $276 an hour (We bi11 in 15 minute increments) Trip Charge: $98 Material Price: 10%ofl�of List (excludes freightas applicable) No Refunds on Special Order Material Fuel Surchar�e as of l/1 /l0 there is ewrently $5.00 and is subject to change depending upon escalating fuel cost TERMS: Net 30days All Materials remain the property of Priority DoorSystemc until invoice has been paid in full. YOUR SATISFAGTION IS OUR # i PRIORITY WEPROM07'E'A DRUG.9ND.9L.COHOL FRL'E WORKPIAC�' C:\Program Files\Neevia.Com\Document Converter�temp\1000763.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SOUTH COUNTY PEST CONTROL, INC. FOR PEST CONTROL MAINTENANCE SERVICES THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and South County Pest Control, Inc., a Corporation (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 15, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Pest Control Maintenance Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $20,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty Thousand Dollars ($20,000) for a total Agreement amount of Fifty Thousand Dollars ($50,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]65.doc Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]65.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES South County Pest Control, Inc. DISTRICT (Two Signatures of corporare officers required unless corporare documents authorize only one person to sign the agreement on behalf of the co�poration.) By: By: Jeff Comerchero, TCSD President Larry Bandfield, Chief Executive Officer ATTEST: By: By: Susan W. Jones, MMC, City Tessa Bandfield, Chief Financial Officer Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR South County Pest Control, Inc. Contact Person: Larry Bandfield 27475 Ynez Road Temecula, CA 92591 Phone Number: (951) 676-5577 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]65.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE � �� C o L �'T �. South County Pest Control, Inc. � o "Protecting Your Cnvironment" �� C O��4 27475 Yner Road • PMB661 • Temecula, CA 92591 (951) 676-5577 • (ICO) 731-3395 • (877) 699-BUGS • FAX (951) 816-3304 arch 25, 2010 City ofTcmecula Community Seivices Department 43200 Business Park Drive Temecula, Ca 92590 (951)694-6480 (951)694-6488 Attn: Jerzy Kanigowski Re: Hourly Rates I Iourly rates as follows: Hourly rate per regular man: $52.00 Hourly rate per overtime mat�: $72.00 ApplicaCion to include the following treatment: 1- Exterior perimeter of structures for General Pest : ants, earwigs, spiders, sow bugs etc. 2- TreaCment for wasps as needed 3- Srusli down spider webs in all entry points of stiuctures 4- Maintain all rodent bait stations 5- Spot treatment of interior of buildings as needed 6- Notice of intent prior to application Additional seivices offered Weed control Bird control Paintless braffiti removal Please let us know if we may be of additional assistance. Respeetfully, �•� / �� j , � f: �; � _ � // J,/ '-- Larry Ban Pelb �� ;= ` Owuer ;'� ! Offi��(�51) 676-5577 CeIL (951)532-9988 l�ax: (95l)816-3304 C:\Program Files\Neevia.Com\Document Converter�temp\1000765.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND SOUTHERN CALIFORNIA SOUND, STAGE & LIGHTING CORPORATION FOR SOUND SYSTEM MAINTENANCE SERVICE THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Southern California Sound, Stage & Lighting, Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 16, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Sound System Maintenance Service", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $20,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty Thousand Dollars ($20,000) for a total Agreement amount of Fifty Thousand Dollars ($50,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]64.doc following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]64.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Southern California Sound, Stage & Lighting, DISTRICT Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the co�poration.) By: By: Jeff Comerchero, TCSD President Alex Sukhov, President ATTEST: By: By: Susan W. Jones, MMC, City Stephen A. Nider, Vice President Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Southern California Sound, Stage & Lighting, I nc. Contact Person: Alex Sukhov P.O. Box 883 Murrieta, CA 92564 Phone Number: (951) 678-2759 Fax: (951) 678-8052 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]64.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE s. c. s. s. �. c. (SouYhern California Sound, Stage & Lighting Corporation, a California Corporation) dba Star Way Productions February 22, 2010 Jerzy Kanigows]<i Community Services Department City of Temecula P.O. Box 9033 Temccula, C� 925II9-9033 Following is our Time & Material information as requested: Southern California Sound Stage & Lighting Corporation provides design, operation, maintenance, and repair of audio, video, lighting, and staging equipment. Our mark up for wholesale price on parts, materials, and equipment is 20% The rate for a technician to operate the Sound System on Front Street is: First 10 Hours: $400.00 10 to 12 Hours: $ 60.00 per hour Over 12 Hours: $ 80.00 per hour The rate for Technical Maintenance and Repair are as follows: Between the hours of 8 am and 5 pm, Monday through Friday: First 8 Hours: $ 60.00 per hour 8 to 12 Hours: $ 90.00 per hour Over 12 Hours: $120.00 per hour After hours, weekends and holidays: First 8 How�s: $ 90.00 per hour 8 to 12 Hours: $135.00 per hour Over 12 Hours: $180.00 per hour Please ]et us know if you need anything further. Thanlc you, � Gt,ya ��c;� Maria Arce Accoimting Dept. � a 1 C:\Program Files\Neevia.Com\Document Converter�temp\1000764.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND STEAM SUPERIOR CARPET CLEANING FOR CARPET CLEANING SERVICES THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Rick Zavala, d/b/a Steam Superior Carpet Cleaning (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 15, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Carpet Cleaning Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $30,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Thirty Thousand Dollars ($30,000) for a total Agreement amount of Sixty Five Thousand Dollars ($60,000). 4. Section 21 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]66.doc Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]66.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Rick Zavala, d/b/a/ Steam Superior Carpet DISTRICT Cleaning By: By: Jeff Comerchero, TCSD President Rick Zavala, Owner ATTEST: By: By: Susan W. Jones, MMC, City Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Steam Superior Carpet Cleaning Contact Person: Rick Zavala 27315 Jefferson Ave. Ste J36, Temecula Ca 92564 Phone Number: (951) 694-0346 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]66.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE ��l��a�� x��° �� J �, t�a�._�� "fem�crrla, ea. ��7�1`Y (9� 1) 69�-�9� C'ef� o, f'f��ea��rrlea 432D0 73us'iness ParTrTJr. !"�naecrelw„ �'a_ eigtir. ,d�s�� trr'peraa:r.3i ��6: �'fBA69'�P�9':S�!'„ l�re F�"af/owrrrg peyuested rrTfarrrratr'ara for s�rvrces rs as folrvws: If }+c�ra Tusa� wsa�s e/raeslrars� p/ee�� eCcac! nre aal �"�Sly �a�'-�"13-�6 �aak}+�at JaAI/t�rreer9,�a°erCes;1^/a�rre� da�rr�r�!(,l�rAaeed)� Hro8rsl�k�-lter�� - SA.�_�iU �loras �f]c�lia��,y Ite,s/�c�al� �Sarb�eapti�eL,la�,; f � u`��,� �/.,� , z:.:<� Kick Zm�cs€ �' ,SC�aew �Sa si'� C:\Program Files\Neevia.Com\Document Converter�temp\1000766.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND STRAIGHT-LINE GLASS & MIRROR CO., INC. FOR MISCELLANEOUS SERVICE THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Straight-Line Glass & Mirror Co., Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 16, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Miscellaneous Maintenance Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $10,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Ten Thousand Dollars ($10,000) for a total Agreement amount of Forty Thousand Dollars ($40,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]6].doc following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]6].doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Straight-Line Glass & Mirror Co., Inc. DISTRICT (Two Signatures of corporare officers required unless corporare documents authorize only one person to sign the agreement on behalf of the co�poration.) By: By: Jeff Comerchero, TCSD President Ronald L. Smith, President ATTEST: By: By: Susan W. Jones, MMC, City Jeannette Smith, Treasurer Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Straight-Line Glass & Mirror Co., Inc. Contact Person: Jeannette Smith 28125 Jefferson Ave. Temecula, CA 92590 Phone Number: (951) 676-2490 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]6].doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE 04122/2010 04:13 916996183 STRAIGHT LINE GLaSS PAGE 61 -� � Stra��t��e G1�ss �r. M�racor Co., Inc. 2s]qs lefferson A4enaQ Temecatr+. CA 9'LS9C� 95 9 -676-`� 490 'ro: L,'�. Py -F �� Me C U I C� Froxn: G..yn n C � i�-�-- � q 5r - 3c� - � r� 9 � ' _____� PYow« �t 51 - �OR � ' (n `{8� � �'v ld A� Time & AAateti3� �t�eet ca Services in�lu4e Windo�a Repkacemant, Board ups Piate Gtass, ��aceme�l 3ervice�, Cu�?om 1v!'mas. Residential. Commereial. Windows ,Glsss Dua15�G1 e I Shrn� doo+s V`indtxealcs Retroftt 3tWe Frartts, Tub Endosures. Same � RP r Nfindaa+s. Tari1e Ttrps, Sreakage ftepa P�+. Mou+� rd#e pe� man r hour � 4.5", ao �V2�'btl'?8 1�1.L' � ,$ / 1 5� 00 � er I�o V'" Mat�rial ma�lcup . ! Sp -_- Kol ,'cictiy s a a 5 � e�' l-�cs ur --a-�n.� . ''. i��.<�.r,�.�,, �..� ��.cZ` � C:\Program Files\Neevia.Com\Document Converter�temp\1000767.doc FIRST AMENDMENT TO AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND TEMECULA VALLEY SECURITY CENTER, INC. FOR LOCKSMITH SERVICE THIS FIRST AMENDMENT is made and entered into as of May 24, 2011 by and between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Temecula Valley Security Center, Inc., a Corporation, (hereinafter referred to as "Contractor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On June 16, 2010, the City and Contractor entered into that certain Agreement entitled "Agreement for Locksmith Services", in the amount of $30,000. b. The parties now desire to add scope of work, extend the term of the agreement to June 30, 2012 increase the payment in the amount of $20,000 and to amend the Agreement as set forth in this Amendment. 2. Section 1 of the Agreement entitled "TERM" is hereby amended to read as follows: "This Agreement shall remain and continue in effect until tasks herein are completed, but in no event later than June 30, 2012 unless sooner terminated pursuant to the provisions of this Agreement. 3. Section 3 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Contractor monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Twenty Thousand Dollars ($20,000) for a total Agreement amount of Fifty Thousand Dollars ($50,000). 4. Section 22 of the Agreement entitled "WRITTEN NOTICE" is hereby amended to read as follows: "Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]68.doc Mailing Address: City of Temecula Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand-Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 5. Exhibit "B" to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 6. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]68.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. TEMECULA COMMUNITY SERVICES Temecula Valley Security Center, Inc. DISTRICT (Two Signatures of corporare officers required unless corporare documents authorize only one person to sign the agreement on behalf of the co�poration.) By: By: Jeff Comerchero, TCSD President Dale Barry, President ATTEST: By: By: Susan W. Jones, MMC, City Terry Barry, Chief Financial Officer Clerk/Board Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONTRACTOR Temecula Valley Security Center, Inc. Contact Person: Dale Barry 26019 Jefferson Ave. Murrieta, CA 92562 Phone Number: (951) 600-8900 FSM Initials: Date: C1Program FilesW eevia Com�DOCUment ConveReiitempA1000]68.doc ATTACHMENT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Contractor. EXHIBIT "B" PAYMENT RATES AND SCHEDULE Temecula Valley Secu�ity Cente�, Inc. ��; A California Corporation Dba � Safe and Secure Locksmith Service 27529 Jeffer°son Avenue, Tefncculcr Cadifornia 92590 951-699-8115 City of Temecula June 16, 2010 43200 Business Park Drive Temecula, CA 92590 As one of our best customers, the City of Temecula will always have consideration for the lowest possible prices and the best possible service. As we have the only full service locksmith shop it makes since to provide excellent outside service as well. Service call to all locations within the city limits, during normal business hours and non- emergency, will be $50.00 for travel. If there is more than one service call requested at the same time, the charge will be for only one service call of $50.00 for travel. Any service will have a minimum labor charge of $40.00 per service call. Most jobs will be priced on an individual basis. If an hourly rate must be quoted, our rate is $60.00 per man-hour. Our normal hours of operation are, 8 AM to 5 PM Monday through Friday and 10 AM to 2 PM on Saturday. Our store is closed Sunday. After hours Emergency Service is available 24 hours, 7 days a week. After hours is considered to be any time other than our normal working hours. After hours prices are 1.5 times normal rates. We recognize all national holidays and our rates are triple on holidays and holiday weekends. Rekeying standard locks to the master key system 21.00 per cylinder Ftemove & replace panic exit device to rekey cylinder 25.00 each Pick open locks (standard) 25.00 each DUPLICATE KEY PRICES Standard cylinder type - not more than 5 pin 2.50 each Standard cylinder type - 6 pin or more, sectional 3.00 each California Locksmith Permit Number LCO2439 California State Contractors License Number 547023 Federal Tax Identification Number 33-0685537 Thank you, Dale Barry Owner C:\Program Files\Neevia.Com\Document Converter�temp\1000768.doc Item No. 12 Approvals City Attorney 5 Director of Finance City Manager � TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 24, 2011 SUBJECT: Harveston Center Lease Agreement RECOMMENDATION: That the Board of Directors: 1. Approve a three year lease agreement, in its substantial form, with an option for two additional one year terms to operate the Harveston Center in the Harveston development as a community activity center. 2. Appropriate $30,000 from TCSD Fund Balance to provide tenant improvements and equipment at the Harveston Center to accommodate classes and programs. BACKGROUND: The Community Services Department provides a comprehensive recreation and leisure services program for the residents of Temecula, however, the north end of Temecula is currently void of an indoor facility to provide recreational pursuits for the community. Recently the Harveston Welcome Center, located in the Harveston development, became available for lease. Because of its location, size, aesthetics and price, staff evaluated this facility to determine the feasibility of using this building for a community center on the north end of the City. The Harveston Welcome Center was used by the developer to welcome perspective homebuyers to the Harveston development. Currently vacant, the facility is in excellent condition, very attractive, has adequate parking and sits directly adjacent to the City's Harveston Lake Park. The facility is approximately 3,492 square feet and provides an open multi-purpose room, restrooms, kitchenette, two small classrooms and office space. After evaluating the facility, staff felt this facility would provide an excellent venue for providing a variety of recreational classes and programs during the week, as well as provide additional rental space for weddings and social gatherings on the weekends. The property management was requesting a rental rate of $1.45 per square feet triple net. This would equate to approximately $5,063 per month lease payment. Working with our City Attorney's office, staff had an appraisal prepared which indicated rental rate of between $1.25 per square foot and $1.45 per square foot would be appropriate for leasing this facility given the City's intended use and the provisions of the lease. Staff would recommend thatthe Board of Directors enter into a three year lease agreementwith two additional one year terms and operate the Harveston centeras a communitycenter on the north end of the City. The lease payment would be $1.35 per square foot forthe first year and would increase by approximately 3°� for years 2 and 3. The proposed rate for option year 1 would be $1.47 per square foot and option year 2 would be $1.52 per square foot. The City would provide the maintenance of the landscaping on the exterior of the building which is directly adjacent to Harveston Lake Park. We would also provide maintenance to the interior of the building as well as custodial services. The Citywould be responsible for all utilitycosts associated with the facility. The landlord would assume responsibility for any major repairs to the building such as replacement of the HVAC. The property management is also responsible for all propertytaxes associated with the facility. Staff is requesting $30,000 from TCSD Fund Balance to reimburse the landlord for expenses incurred completing the tenant improvements. Tenant improvements would include creating a wall and door to allow for a separate classroom, replace flooring in the multi-purpose room, installing locks on approximately four (4) doors into multi-purpose room and sealing a window. The facility would be used Monday through Friday to host a variety of classes and activities which focus on providing programs for pre-school and elementary school age children during the day, and yoga, Pilates, art, photography and a variety of other classes for adults during the evening hours. Weekends would primarily be used for public rentals. Staff is confidentthatthe facilitywill generate revenue to totally support its operations. We estimate our revenues for the year at approximately $290,000 and expenditures at approximately $285,000, the facilitywill be cost neutral to the Cityand provide an excellent recreational venue to the public. FISCAL IMPACT: The annual operations costforthis facility have been budgeted in the upcoming FY2011-2012 budget and are estimated at $284,200 annuallywith revenues anticipated at approximately $290,000. $30,000 will be used from Fund Balance to cover the cost of tenant improvements to the building. The $30,000 appropriation will be funded through TCSD available fund balance. ATTACHMENTS: Agreement I..F.ASF. SETWEFN TRE TEMECULA COMMONITY SERVICES DISTRICT ANll LSK, LLC (HARVSS'CON WELCOME CEV'PER — 40135 VILLAGE ROAD, TE\1ECULA) 'Phis Lease between the'Cemecula Comm�nity Services District and LSK, LLC (Hazveston Welcome Center-�40135 Village Road, Temecula ("I,ease") is dated and entered into as of June 1, 2011 ("effectiva date") by and between LSK, LLC, a Califomia Limited Liability Company ("L.andlord") and the 1'EMHCULA COMMLT�ITY SERVICES DISTRICT ("TenanC'). RECITALS A. I,andlord is flte fee owner oi� un approximate 2.45-acre pazcel commonly knowm as 40135 Village Road, Temecula, and identified as Riversidc County'Cax Assessor's Parcel Number 916-560-006 ("tacgcr parcel"). 'Phe "Premises" consist of an approximate 3,492 square foot building known as the Harvosion Welcome Center, approximately 1.16-acres of'the larger pazcel, common arcas, driveways, walkways, use of parking spaces and other amenilies appurtenant to or servicing the Hazveslon Welcome Centcr. 7'hc Yrcmises are roughly shown on Exhibit °`A" heretq w6ich is incorpoiated herein by thie reference. B. I.,andtord desires to leasc to 7'enant and 7'cnarrt desices to lease from Lundloxd the Premises, subject to and in accordance with ihe terms and conditions set forth below. NOW THEREFORE, in consideeation of the above xecitals, the covenants, ropresentation and warranlies of Landlord and Tenant in this I,case, and other good and valuxble conside�ation, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenanl heceby agree as follows: AR'PICLN 1. I'I2P;M[SES I.1 Demise c�f Pxemises. Landlocd hereby leases the Yremises to'I'enant aud Tena�t hereby tcascs the Prcmisc from Landtord, for the'I'erm of the Lease, subject to the terms and conditions statcd in this Lcasc. 12 Memorandum of Lease. Wifhin ten (10) business days of the liffective Date, Landlord shal] execute and deliver to Te�ant a Ntemoiandwn of I,ease in the form attached hexeto as ti�ibit `B", duly acknowledged, for recording (the "'.vtemorandum"). Within ten (10) calendar days of the expiration or any earlier termination of this Lease, Tenant and Landlord shall each execute and cause to be acknowledged and delivered any and all rcasonable instmments or documents as may be necessary or dcsirablc to rcmove thc recorded ;vlemocandum from record titic to the Premises. 'I'enant agrees to prepare any such documents necessary to removc thc xecotdcd Memorandum from record tille ro ihe Premises. ARTICLli2. tiSU: 2.1 Permitted Use. Tenant may use the Premises as a Community Center and all uses neeessary or oonvenient thereto or for any legal use that is reasonably compazable theieto. _�_ 110%6U W 7\ I35429Sv]. doc 22 Compliance with I.aw. 1'enant sh:�li, in fhe operation, use and occupancy of thc Premises, at its sole cost and expense, pxomptly comply with all applicable laws, staNtes, zules, ordinances, orders, and govenvnental xegulatious, or iequiiements of afl fedcral stata, municipal or govemmental bodies. AR'MCLF. 3. LAI�DLORD'S WORK AND CONDITION OF PREMISF.S 3.1 I.andlord's Work Landlord and Tcoa�t agree [haC Landlord wil] complete the Tenant improvements discussed below and identified more paniculaxly on �xhibit "C" hecoto wi[hin thirty (30) calendar days of ihe Gffective Date of this I,ease. "fhe Commencement Date is the date on which Landlord dclivcrs the Premises m"I'enant. 'fenant and Landlord currently estimatc that thc cost of the �Cenant improvements will not exceed $30,000.00 (Thiny Thousand Uollazs). Within thidy (30) calendac days of the Commencement Date,'Cenant will reimburse to Landlord ihe out-of-pockct cxpenses incurrcd by Landlord up to the maximum amounl that the Parties agree to in writing for the'fenant impcovements. 32 Condition of Pxemises and Delivery Reguirements. Candlord shall compiete the 1'ollowing Landlord's Work and delivcr the Premises to "fenant wi[hin thiny (30) calendaz days of the L'ffecfive Date of this Lease. (a) In bxoom clean condition, free of debris, I Iazardous �laterials (as definetl below), and Pcee of any fixtures, signage or window graphies from previous occupanl. (b) W ith building, roof and Loundation structurally sound a�d without auy teaks oc water penetrations. (c) With strucfurally sound floor and newly surfaccd floor in the azeas of the � Premises mutualty agreed to by the Parties with TenanYs choice of tile or other hazd-woaring surface. (d) With fire protection system, sprinkler system and fire nlarm system as cequired by the applicable codes, in good working order. (e) With separate electric and water maters with sorvicc Iines installed and exclusively servicing ihe Premises. (� With IiVAC systems, thermostats, supply and retum ducts in place and in good working order. (g) With ptumbing, electrical service a�id mechanical systems i❑ good working ordcr and exclusively servicing the Premises. (h) With no broken, cracked or chipped glass. . (i) Cleaz oP any liens and in compliance with all applicable codes and ordinances. -2- 11086-OOOTI354295vZdoc (j) With the completion of the 9'enani improvements depicTed on Exhibit "B" heretq which is incorporated herein by this referenee. '['he tenant improvements consist of the following: (i) Tenantlmpravemenls to Clussroom �1 (A) Conshuct wall and doorway to existing open space to creatc classroom. (B) Existing cacpet may cemain in t6is room. (C) L.andlord shall install door with lock. (ii) Multi-Purpare Haom (A) Remove cu�ent carpet and lay carpet tiles over entire widffi of coom. Landlord and Tenan[ anticipate that earpet tiles can be laid over strip of existing wood Rooring. (B) Remove paztitions and countcrs currcntly in room. (C) Patch walls and touch up cxisting paint color. (D) Creatc doorframe at antrance of Multi-Purpose Room and insen glass Prench doors for privacy and sound barrier for rentals. (iii) Offdce (A) Insert glass into existing opening in wall. (B) lnstalL door Lock. (iv) Stoxage (Interiox): Install door Iock. (v) �xterior/Front 13nuance (A) Construct a small storage room with door. (B) Some work needed to match existing building extexior. (k) Remove the nvo small halflpony walls on tho south wall. -3- I108&0009A1354295v9Aoo ARTICLE 4. TERM A.1 Initial Lease'Perm. 'fha Initial l,easc Tenn shxll be for thirtywix (36) months &om the Commencement Date. "Chc Lease will terminate at midnight on the day that is thc las[ day of the 36th month from the Commencement Date. 42 Fi�st �xtension Ontion. Providcd that (a) this Lease is in full force and effect and (b) Tenant is not in default hcreunder bcyond any applicable notice and cure period at thc time it gives notice of extension or at the beginning of the extension term, Tenant has thc option to extend the tercn of fha Lease for an additional twelve-month tarm ("First Hxtension Option") by providing wcitten notice to Landloid of'1'onanYs Pirst Nxtension Option not later than one hundred and twenty (7 20) calendar days prior to the expiration oP the Inidal I,.ease 7'erm. If Tenant exerciscs this F'irst Bxtension Option, the Lease will terminate at midnight on the day ['hat is the tast day of'the 12th month of such extension period. 43 Second L'-xtension Option. Provided [hat (a) this Lease is in full force and effect pursuant to the 1'irst Extension Option and (b) Tenant is not in defauft heceunder boyond uny applicable notice and cure pexiod at the lime it givos noAee of extension or at the beginning of che extension term, Tenant has fhe option to extend the term of the Lease for an addirional twelve-month term ("Second r:xtension Op[ion'") by providing written notice to Landlord of 1'enanYs Second F,xtension Option not later than one hundred and twenTy (120) calendar days prior to tl�e expiration of Lhe Cirst Extension Option. If'I'enant exercises this Second Gxtension Option, the Lease will terminate at midnight on the day that is the last day of the 12th month of such extension period. 4.4 Floldovcr Onlion. V Tenant occupies the Prcmises or otherwise fails to eomply with Article 22 betow aftex the expiration or earlior teaninalion of the Lease or First ox Second F;xtension Options without the express written consont of Landlord, Tenant shall become a month-to-month tenant at will. Tenant shall not bc reyuircd to pay any additional sums or additional rent or liquidated damages beyond the cunent Base Rent at that timo unless I.andtord has given to Tenant a minimum thirry (30) day written notice to Tenant of its desiro for Tena�[ to vacate the Premises, in which case Tenant shall pay to landlord I 10% of the then current Base Rent per month &om ihe date of tho terroination notice until the date that Tenant vacates the Pcemises. 4.5 Narlier Termination of Leasc. 'Chis tease may terminate earlier than the Initial l,ease Term, First Extension and Second Extension Options as provided below in Arficlea 14, 1 fi and 18. ARTICLE 5. RENT 5.1 Base Rent 5chedule (a) Base Rent for First'I'wclve Month Peciod of Initial Lease 1'emi. 'Cenant shall pay to Landlord Lhe "Base RenP' of $4,714.00 (Four TUousand Seven Hundred Fourtecn -4- I IOSb000T1354295vidoc Dollazs) per month lor the first twelve month period of thc Initial I.ease Term. The Base Rent is caleulated as follows: 3,492 squaze foot building @� 1.35 per square fool. (b) Base Rent Schedule for 2nd and 3rd Twalve Monih Peciods of Initial Lease Term (i) Base Rent Schedule for mandHs 13 through 24 of [he Initiaf I.ease 7'er�m. 9'enant shall pay to Landbed Che Base Rent of $4,853.88 (Pour 7'housand Eight Hundred Nifty "I�hree Dollars and L�ighty-eight Cents) for thc second twetve months oF the Initixl Lease Texm. The Base Rent for the second twelve month period is caic�lated as follows: 3,A92 squaro foot building @ 51.39 per squaze foot. (ii) Base Ren( Schedude,for manths 25 thr�ough 36 of the Initiaf Lease Term. Tenant shall pay to l.andloTd the Base Rent of 54,993.5G (i'our Thousand Nine }luodred Ninety-three Dolla�s and Fifly-six Cents) for the 4�trd twelve month period of the Initial Lease Term. The Base Renl for the third twalve months is calculated as follows: 3,492 squaze foot building @ $1.43 per square foot. (e) Base Rent Por Pust Extension Option. 'Conant shall pay to Landlord the Base Rent of $5,15090 (Pive Thousand One Itundred Fifty Uollars and Seventy Cents) per month foc lhe twelve month period comprising the Nirst 8xtension Option. The Base Rent for the twelve month period comprising the First 6xtcnsion Option is calculated as follows: 3,492 squaze foot buildi�g �u`,, $ I.495 per syuare foot. (d) Bare Rent for Second Gxtension Ontion. Tonant shall pay m I,andlord the Aase Rent of $5,307.SA (Eive Thousand Three Himdrad Seven Dollars and Y:ighty-four Cents) per month ibr the twelve month period comprising thc Sccond F'.xtension Option. The IIase Rent Cor lhe twelve month peiiod comprising the Second Extension Option is calculated as follows: 3,492 square foot building �$ L52 per square Coot. 52 llafinition of Rent. Al] monetary obligations of "Penant to I,andlord undes [he 1'ecros of this Lease, including, but not Iimited to rent, late charges, and interest. 5.3 Commencement of Monthlv Renlal Pxvment. Tenant shalt pay to f.andlocd the monthly ront of $4,714.00 within ten (10) calendaz days of thc ldffective Uatc of this Lease. 'I'enant will pay to Landlord the next Rase Rent payment thirry (30) days Ixom the Commencement Date of this Leasc and continue the monthly paymenis on thc samc date of each month during tho tcrm of the Leasa If TenanYs anticipatcd occupancy of the Premises is delayed due to any reason, condition or obligation regazding the Premises ihat is not� the responsibility oPthe Tenant or within the Tenant's control, the ren[ commencement date is extended by one (1) day for each day ofdelay. ARTICI,F.6. SCCURCPY DEPOSTT 6.1 Securitv Ueposit Tenant shall deposit with Landlord the sum of $4,994.00 (Foux lhousand Nine I Iundred Ninety-four po➢ars) within ten (10) calendar days of tht Effcctive Date of this Lease as sccuriTy for TcnanYs faithful performance of its obligations under this l,ease. If 'Lenant fails to pay tkie Rent or otherwise De�Fauit under the terms of this Lease, Landlord may -5- 1 t086-OOOA13542YSV9.JUc use, apply oc ietaiii all or any portion of�said Security Deposit for the payment of any amount duc i,andtord or to reimburse or compensate l.,andlord for any liability, ezpense, damage which Landlord may incuc by reason thereof. If ]andlord uses or applies all or any portion of the Security Deposit, Tenant sha0 within ten Q 0) calendar days aCtex writlen cequest thexeof dcposit monies with l,andlord sufficient to restore the Security Deposit to the ful l amount required by this I.casa Within foucteen (14) oalendar days of thc expiration of the I,case or ttie vacalion oC the Premises by Tenant, Landlord shall roNm to �fcnant the portion of the Security Deposit not used or applied by Landlord. ARTICI.F.7. LANDLORU'S RESPOIWSIBLITIES 7.1 Maintenance/Renaic of Structural Patts of Premises. Landlord, at its sole cost and expense, shall be responsible for the maintcnance and repaix of all structural parts of the Premises (both interior and exterioi�), including but not limited to the roof, roof inembrane (including intorior wiiing if damaged by leaks), walls, supports, foundatioq floos slabs, masonry walls, gutte�, downspouts, and canopy. I.andlord will �ot be responsible for such maintcnance and eepair if the damage to thc stnicNral parts of fhe Pxemises wece caused by 7'enant's negligencc. 72 Ylaintenance/Renair of HVAC system. I.andlord, at its sole cost and expense, shall be responsible foc replacemant of tho I NAC system provided that Tenant maintains a mxi¢tenance contcaet for the 1 I VAC system with a professional bcating and air-conditioning Gan ducing the T'orm of the Lease. 73 :vlai�tenance/Renair of P,xterior Infcastructure. Landloxd, at its soLe cost and expense, shxll be responsible for the maintenancc and �epxir of all extetioi in&astructures of the Premises, ineluding but not limited to, the sprinkler main, water, sewage, gas and elect�ical servicos up to the point of entry into the Pxemises. 7.4 Reolacement of Snxinkler Systcm. Landlord, al its sote cost and expense, shall replace ihe spririkler system if necessazy to ensure thaE il is in woxking condition during the Term of the Lease. 75 Rcplaecment of Yarkint� Lot. Laodlord, at its solc cost and expense, shall replace the parking tot if damage or if replacement is required due to work by Landiord or La�dlord's dcsignees on the lasger paccel. 7.6 L,atent Defects. I,andlord, at its sole cos[ and expense, is responsible for any Iatent defccts on the Premises during the Term of the I,aase. ARTICLF. S. 't'ENANT'S RESPON5IBILITIES 8.1 Ulilities. Tenant agrecs to pay, as and when due, all charges for utilities, including wi[hout limitafion, water, sawor, oil, gas, tclephone, elec4icity, irash removal, alarm services and public utilitics (heroinafter refcrred to eollecGvely as "�tilitios") incurred by Tenant i� connection with its usc of the Premises. No interruprion in any utilities shaLl result in an abatemcnt of Rent hereunder or entitle Tenant to terminate this Lease, except to the extent such -6- ❑086-0009\1354295v9.Uac i�tettuption is duectly caused by I,andlord or any of its officeis, employees, agents or contractors. (a) lnstallation of Utilities. Tenant shall pay any and all fees oe other chacges for the installation or connecAOn for the utilities that'Penant may require for its intended use of thc Prcmises. 82 HVAC Maintenance Contract. "l�enant shall, at iLS sole cost and expense, maintain a HAVC maintenance contract during the Term of the Lease. 83 Landscapine aod Janitorial Services. 'I'enant shall, at its sole cost and expense, maintain or cause to be maintained the landscaping in the aceas comprising thc Premises. Tenant shxll also, at its sole expense and cosl, be cesponsible for any janitorial services in eonnection with the Premises. 8.4 Normal Wear aod "Cear Maintenauce and Reoair of Premises. b;xcept as set forth above xegarding Landlord's obligations for maintenance and ropair of Lhe peemises, Tenant shall, at its sole cost and expense, maintain and repair the Premises, including a�ry eepairs that may be required due to norma] weaz and tear of the Promises oc vandalism of the Vramises. "Tenanl, however, shall not be obligated to main[ain and xepair any damages or vandalism on the Premises caused by the negligence of Landloid or any of its o�cers, employees, agents or contiractors. AR"fICLE 9. T.4XES AND IMPOSITIONS 9.1 Tases and Imnositions. I.andlord shall pay and discharge before the day when the same become delinquent, any and all real property taxes, assessmenu, rates, charges, license fees, mucucipal liens, excisos or imposts, whethei general or speciat, or ordinary or exfraordinazy, of every name, nature and kind, whatsoover, including all governmental chargcs, assessments or impositions against or which may becomo a lien or chazge upon thc Premises created or upon Landlocd by rcason of Landlords' ownership of the fcc of the largcr parecl and Premises. 9.2 7�axet on Pecsonal Prooeriy. 7'hrough the �1'enn of the Lease, Tenant shall pay and diseharge, when and as the samo become due, diiecIly to the taxing authority, eny taxes, as•sessments and other charges levied upon the Personal Property on the Premises Lhat is owned by Tenant, if any. AL2TICLG 10. llRIVEWAY AND PARKING LO'P IMPROVEMENTS 10.1 Driveway and Parkina Lot Impcovements bv 1,andlord. As par[ of Lendlord's plan to complete a Parcel Map for the largex paroe] and to eonstruct additional stmetures on poriions of the largcr parcel not comprising ihe Prcmises, it is necessary foc Landlord to widcn the existing driveway to the Premises and construct additional paiki�g spaces thaf will ultimntely contcibute to the ovecall recipxocal paxking abiliry botwoen the Premises and the romaining poriions of the larger �7axceL Landlord currently proposes a total of 93 pazking spaces. '1'enanf acknowledgos and agrees that some pazking spacos may be designated with signage as specific for the Y�emises. I.andlord agrees that ducing the term of Che Lease, including the I^irst -�- 1t086-0009\1354295vZdao Extension and Second Extension Optione if exercis�d by Tenant as provided in this Lease, Tenant may utilize any additional parking spaces on [he larger parcel es they ace available and that Tenaut will not be IimiYed to use only the parking spaces designated with specific signage for the Premises. Landlord agxees to provide access and use of thc parking lot to'Penant during any such construction. ARTICLE Il. INDEMnIFICATION ANll IVSURANCT I 1.1 Indemnification. Tenaut heceby agcees to defend, indemnify and hold harmless Landlord &om and against any and al] liabilities, losses, damagcs, costs, expenses (including any and att reasonable attorneys' fees, eosts and expenses), causes of actioq suits, claims, demand and judgments of nny nature or kind whsstsoevec incurred in connection wilh, arising &om or relating to (a) any injuxy tq or death of, any pecson or any damage to property on the Premises, or in any manner gmwing out of or in eonnection with tho use, eondition or oecupancy of the Premises, oc any pari thereof o� resulting fmm the condition Lheeeof, and caused by or resulting &om ihe negligent or wrongful acts ox omissions of Tenant, or (b) violation by'1'enant of the provisions of this Leaso or any contraet or agroement rccorded against the P�emises, or any resuiction, statule, luw, ordinance or re�ulatioq in each case aliecting the Premises or any par[ thereof (cotlectively, the "Indemnified Matters°). Notwithstanding ihe foregoing, the indemnification obligations of'Penant shall not extend to any Indemnified Matters arising from or retated to the discovery or remediation of I luzardous Materials in compliance with Environmental Laws, including the disclosure oPthe existence and/oc remediation oP any sueh Hazazdous Materials to any appxopciate governmental agency. "[`he terms and provisions of this Section shall suroivo the expiration or earlier cermination of this Loase. 112 lnsurance. ienant may, at its sole cost and expensq eith¢r self-insure or carry and maintxiin such insurence as'Cenant may deem desirable k� covec Tenant's intecest in the Pcemises and Te�anYs use, occupaocy, maintenance, repaic, and/or operation of the Properiy; provided that, the Landlord shal] be an additional insuzed pany on any liability insurance carried by'Cenant. Tenant shall delivor to the C.andtord certificates evidencing the coverage of the Landlord u�der any such �olieies that'fcnant may elect to maintain. ARTICLE l2. OWNERSIIIP OF IMPROVEMENTS 12. i Ownershin of lmncovements. All unprovcments permanently attached to the Premises shall becomo the pcoperty of Landlord at The temtinarion of the L,euse. 122 Oblieation of Tena�u on Lease Terminatioa Tenuit shall not be obligated to xemove any unprovements or restorc the Premises to the oxiginal condition at the terminaYion of the Lease. ARTICI.N: 13. ASSIGNMF.NT AND SUBLF7'TING 13.1 Consent Reouired. Tenant shall not assign, sublet, transfer, enwmber or otherwise convey all or a portion o£the Premises and/or this Lease without ffie prior wzitten consent of Landlord. Landlord will no[ unreasonably withhold its consent. -8- 1 Io86-0o07A1350.295v7 eoc AR77CLE 74. llEFAUL'PS AND REMF.DIb;S 74.1 Default by 1'enant. The occurrence of any one or more oLthe following events shall constiNtc an "4?vent of AafaulY' hereundez by'Lonant: (a) The tailure by "fenant to make any payment of Rent as and when due whexe such failure shall continue tor a period oCfive (5) days after wiitten notice thereof from tandlord to'I'enant; provided however, that any such notice shall be in lieu of, and not in addition tq any notice required under California Code of Civil Procedure Section 1161 or any similaz successor statute. (b) '1'hc failurc by "I'enant to observc or perform any of thc express or implicd covenants or provisions of this Lease [o be observed or petformed by "I'enant, other than as specified in Section 21(a)(i), whexe such failure shall continue for a period of thiriy (30) calendar days after written noticc thereof from I.andlord to 7'cnant; providcd, howevcr, that any such notice shdll be in lieu of', and not i� addition to, any notice requircd under Celifomia Code of Civil Procedure Section ll61 oT any similar successor statute; provided, further, that if the namre of'fenanYs default is such that more than thirty (30) calendar days are reasonably required for its cure, then "I'enant shall not bc deemed to be in default if 7'enant shall promptly commence such cure within such thirty (30) calendar day period and thcreafter continuously and diligontly prosecute suoh cure to campletion. (c) The making by Tena¢t of any gener�.l assigiunent (or the benefit oC creditors; the filing by or against'I�enant of a perition to have Teuant adjudged a bankrupt or a pcGtion for reorganization or arrangoment undcr any law relating to bankntptcy (unless, in the case oF a petition filed against'1'enant, the samc is dismissed within sixry (60) calendar days); the appointment of a trustee or receiver by pelitio� of third pariy creditor (i.e., not Landlord) to take possession of substantially all of "PenanYs assets ]ocated at the Piemises or of Tenant's interest in this l,ease, wheic possession is not restored to "I'enant within sixty calendar (60) days; the aUaehment, ezecution oe otherjudicial scizure of substantialty all of'PenanPs assets loeated at the Picmises or of TenanPs interest in this Lease where such seizore is not discharged within si�ty (60) calendar days; or if this Lease shall, by operation of law or othecwise, pass to any person or persons other thnn'Ccnant. (d) The abandonment of the Premises by Tenant, which for purposes oF this Lcaso means any abscnce by Tenant from thc Premiscs for ten (l0) business days oz longex while failing to perform any other obligations of'Cenant undcr this Lease. lA2 Remedies otLendlord in the Event oCDefault bv 1'enant. (a) In the event of any such Event of Del�ault by Tenanf, in addition Co any othcr remedies available to Landlord at ]nw or in equity, Landlord shall have the immediate option to terminatc this i,easo and all rights of Tenant hercundev In the event thac Landlord shal] elect to so terminate this [,case, thon Landlord may recover from 1'enant (i) the worth at the ume of awazd of any unpaid Rent which had been carned ae the time of such termination; plus (ii) the worih at the time of award of [he nmoimt by which the unpaid Rant which would have been eamed afier teztnination until the time of awnrd exceeds the amount of such cental loss that - 9 - 1i0A5-OOU9\135a295N.doa Tenant proves could have been reasonably avoided; plus (iii) the worth at the time of awud of the amount by which the unpaid Rcnt -for the balanca of the 7'erm after the time of award exceeds the amoue�t of such rental loss that Tenant proves coutd be reasonably avoided; plus (iv) any oeher amount reasonably necessazy fo compensato Candlord for all the detriment pmxima[ely caused by its I'ailure to pecform TenanYs obligations under this Lease or wtuch in the ordinary course of llungs would be likely to result therefrom. As used above, ll1e "worth at the time of awacd" is computed by allowing intcrest at the Interest Rate. (b) In the event of any such defa❑Lt by'Penant, Iandlord may also elect the iemedy descxibed in Califomia Civil Code Section 1951 A(Laztdlord may continue lease in effect aficr TenanYs brcach and abandonment. and recover rent as it becomes due, if Tenant has thc right to sublet or assign, subjcct only to rcasonable limitations), in which case [.andford shall not wueasonably withhold its consent to assignment or sobletting. (c) In connection with the cxcrcise of remcdies, any property of Tenant may be removed und storad in a public warehouse or elsewhe�e at tho cost of a�d for the account of Tenant, or disposed of in accordance with the Califoxnia Commereial Code, and Tenant hereby grants to I.andlord a security intcrest in all propefty of �Ccnant now on c�r�affcr located in thc Premises es additional sccurity for the pocformance of'PenanYs obligations uodor this I,ease. No re-entry or taldng possession of the Premises by Landlord pursuant to this Section shall be construed as an election to terminate tMs Lease unless a wcitten notice of such inteution is given to 7'cnart or unloss the termination thereof is decreed by a court of competent jurisdiction. (d) If'I'enant fails to perform any covenent oc eondition to bc �7erformed by Tenant, Landlord shall have the �ight (but not the obliga[ion) to perform such covenant o[ condilion (i) immediately, in the event of en emergency simation of imminent risk of personal injury or material property damage, or (ii) following TenanPs faIlu2e Lo cure such failure to pecform within She period provided for cure after'CenanYs xeceipt of written notice from Landlord. All roasonable costs incurred by Landlord in so perfom�ing shatl immodiately be reimbursed to I,andlocd by �I'enant, together with interest at the Interest Rate computed from Yhe due date. Any performance by Landlord of Tenant's obligations shall not waive or cure such default All costs and expenses incutted by Landlord, including reasonable attomeys` fees (whethor or not lega] proceedings are instituted), in col Icc6ng Rent or enforcing the c�bliga6ons oi� Tenant under the Lease pursuant to this Section shall be paid by Te❑ant to Landlord upon demand. (e) All rights, options and remedies of landlord cootained in this Loase shall be construul a��d held to be cumulaCive to fhe extent pe�mitted by law, und no one of ihem shall be exclusive of the other, and Landlord shall have the right to pursuc any one or all of such remedies or any other rcmcdy or relief which may he provided by law, whcther or not stated in this Lease. 143 Default bv Landloed. Landlocd shall not be in default under this Lease excepc foz the following: -10- 1i08G0009\1354295v9.doc (a) Lancllord Pails to make any payment required to be made by Landlord hereunder when due, wheie such failure continuos for fifteen (IS) calandar days after delivery of wcitten noliee of such failuro by Tenani to l.andlord; or (b) Landlord fails to perfottn the obligations requixed of Landloid within thirty (30) ealendaz days xftec written notice by Tenant to I.andlord specifying wherein I,andlord has lailed to perform such obligatiov; provided, however, that if the nawre of Landlord's obligation is such that moro than thirty (30) calendai duys are cequued for pecformance, then I,andlord shall not be in def'ault if Landlord commences performanco within sueh thirty (30) calendaz day period and thereafter diligently prosecutes the sazne to wmplelion. 14.4 Rcmedies of'1'enant on Default bv Landlord (a) If Landlord f¢ils to perform any covenant or condition to be performed by Landlord, Tenant shall have tho right (but not the obligalion) to pexform such covenant oz condirion (i) immediately, in the event of an emergency situation of immincnt risk of personal injury or material properiy damage, oi (ii) following Landlord's failure to cure such failuie to perform within the period provided foz cure aRer l,andlord's receipt of written notice &om Tenant. All reasonable costs incurred by'1'enant in so performing shall immediately be reimbucsed to Tenant by I.andlord, together with interest at the Interest Rate computed from the due date. Any performance by'Pcnant of Landlord's obligations shall not waive or curo such default. All costs a�d expenses incurred by Tenant, including reasonable attomcys' fees (whether o� not legal proceedings aze instituted), in cnforcing the obligatioos of Landlord under the Lease puxsuant to this Section shall bo paid by I.andlord to Tenant upon demand. (b) In the event� of' Default by Landlord that is �ot cuced, in addition to any other remcdics available to Tenant at law or in �quity,'Pe�ant shall have the immedixte option to termivate this Lease by providing written noticc of such terminalion eo Landlord. AR'fiCLE IS. NOrWANER 15.1 Nonwaiver. No waivei of any provision of this I,case shall be implied by any failure of a Pazty to enfoxce any remedy on account of the violation aF such pxovision, even if such violaliun shall continue or be repcatcd subsequently, ttny waiver by a Pariy of any provision of this Leasc may only be by a wriling delivered Yo ihe othex Party, and no axpress waiver shall affect any provision other than Ihe one specihed in such written waiver aod that one onty for the titne and in the manner specifically stated. ARTICLE 16. ABATEMF.NT OP RCVT 16.1 Abatement of Ront in Certain Cireumstances. Rent payable under this Lease shall only be abated for any period during which, by reason of cirmimst¢nces beyond the eonkol of 7'enant, there is substanlial iuterference (more than one week) with 7�enanYs access Lo or use of the Premises caused by Landloid, or its Contracfor or xgents. 'Jo destruclion of, or damage to the improvements on the Land by firc or any othcr cause whatsoever shall permit 1'enant to suaendec oc tcaninate this Lease or shall relieve Tenant from any of its obligarions undar this Lease, and Tenant hereby waives any rights now or hereaRer conferred upon it by statute or otherwise to quit or surrcnder this I.ease or the Premises or any suspension, diminution or -11- i toas-oom�i3saz9s.�.ao� reduction of zent on account of any such destruction or damage to such improvements. In any event, however, Tanant shall, at its sole cosl arid expense, iepaii and rebuild fhe damaged improvemcnts to substantially the sxme condition rmd standards applicablc prior to thc damage or destruction. 16.2 Abatement Amount. ln the cvent of an abatement, thc abatement amount shall be such that the resulting xent represcnts fair rental valuo for the use and possession of tLe remaining portion of tho Premises as to which Tennnt has beneficial use and occupancy and as to which there has not been substan[ial intecfezence wit6 the use and right of possession by "I'enanY. The abatement shall continue fox the period during which thorc eonstitutes to be substantial interfexence with the use nnd right to possession o�f the Premises by Tenant and shall end with the terminatioo of such s�bstantial intexfecence. In the event of any such substantial interference, this Lease shall continue in full force and effect unless "1'enenl terminates this Lease by providing written norice of such terminatioil. AKT[CLE 17. ESTOPPEL CERTIFICATES 17.1 Estoppel Certificates. Tcnant shall, at any time and from time to time, upon not less than twenty (20) business days' prior written notice from C,andlord, executo, acknowledge and deliver to LandLo�d a statement in wciting certifying the foLLowing informalion (but not limited to the fo]]owing information in the evc�t further information is reasonably requested by Landlord): (a) that this Leasc is unmodified and in Pull force and effect (oi, if modified, stating the nature of such modification and ceriif�ying that this Lease, as modified, is in full force and effeet); (b) tlia date to which Rent and other cbazges are paid in adva�ce, if xny; (c) the amounY of TenanYS security deposit, if any; and (d) acknowledging thatthece are not, to TenanPs knowledge, any uncured dcfaults on the part of Landlord hereunder, nud no events or conditions then in existence wbich, with tlio �assage of time or notice or both, would constitute a defauk on thc part of Landford herounder, or specifying such defaults, events or conditions, if any aro claimod. It is expressly understood and agreed 2hat any such statement may be rolied upon by any prospective purehater or encumbranecr of all or any portion of thc Premises. ARTICLE 18. CONUF.MNAT[ON 7 8.1 Definition. "Ihe term "Condemnarion" means the taking or appropriation of property or any interest therein, in exercise of the powor or right of eminen[ domain or such taking for public or quasi-public use or bcnefit Said term shall also be deemed to include, to the extent not othcrwise dcfi�ed in this Section, a temporary taking of the Premiscs or any part thereof for a period of one (1) year or more, and tl�c raking of the Loasehold in[erest hereby created. 182 '1'enanPs Option on Condemnation. If the entire Piemises or such portion thereof shall be ffikon by Condemnation as to make it unfeasible, in'PenanPs sole and absolute judgment, to conlinue to operate the remaining portion of the Yremises for the purposes herein stttted utid therefore, the cent payable under this Lease no longer represents the fair rental value Tpr TenanYs use and possession of the remaining portio� of the Premises, Tenant sha11 have the right and option to terminate this I zase as of the date when Tenant is requixed to vacate the Premises (or portion theceo� by order of competeut u�thority, by deliveLing to the Landlozd _�z_ llONb-OOOi11354295v9.doc written notice of such termination. If this I,eas� is terminated as provided in this Sectioq eny and all charges and amounts due from'I'enant to the Ia�dlord hereunder shall be paid by Tenunt up to tha datc of such termination, and the Landlord shall refund to Tenant any sums paid by Tenant in advance and nof yet e�uned and thereaRer neither Party shall have any Purther obligation to the othen c�reunder, except as otherwise specifically provided in this Lcase. (a) I� the evcnt of any Condemnation, the Parties shall be entilled to any condemnation or othec award oc compensa[ion (collectively, the "Award") fox the Premises as follows: (i) If the Condemnation involves a temporazy taking that falls entiiely within the term of this Lease, then Tenant shall be entitled to the entire Awa�d paid for such taking; (ii) If the Condemnation involves a temporazy taking that falls partially wiihin and p¢riially beyond the term of this Lease, then Tenant shall be entitled to the poriion of the Awazd paid fox the use of fhe Pxemises during the remaining term of the I,ease and I,andlord shall bc entitlod to the romainder of such Award; provided that, if eondemning authority does not speeifically allocate the aggregate Awaxd between the period prior to the expiration of t6e Lease term xnd the period afler the expiration of Lhe Lease term, then the Award will be amonized on a straight line basis over the entire tean of the temporary taking, and fhe amount payable to Landlord and 'Cenant shall ba based on the portion of the Awazd amortized aRer the expira6on of thc Lcase term and the portion of the Award amortized prior to the expiration of' Lhe Lease tenn, respectively; and (iii) lf fhe Condemnation invo(ves (A) a partial permanont ffiking of thc Premisos and 1'cnant docs not terminate this Lease as a result thereof ot (R) a permanent taking of the Premises attd 'Peoa�t terminates ihis Lease as a result [hereof, then in ei[her such event, Tenant shall be permitted to submit a claim to the condemning aulhority foc its intecesi in the Pcemises for tt�e romaining term of the [zase, and Landlord shall be permitted fo submit a claim to the condcmning authoriry fo� the Landlord's residual intecest in the Premises following the expiration of this Lease. AR'fICLE 19. LIE.�'S 19.7 Lions. Without limiting any other terms or provisioos of this Lease, 7'enant shali koop the Yrcmises free from any mechanics' liens arising out of any work perLormed, mate�ials fumished or obligations incurred by or on behalf of Tenant or any pesson clauning by, through or under Tenant. ARTICLE 20. NOTICES 20.1 Notices. Any and all notices, stafements, demands, requests, os consents under this Leaso made o� given by either Party to the other shall be personally delivexed, sent by ovemight courier (using a nationally reco�nized ovemight courier service such as PedLx or OPS) or sent by United States cenified mail, refum ceceipt xequested, postage pxepaid, and shall be deemed zeceived upon delivery if personally served, one business day aftcc deposit with the ovemight co�iec if by nationally zecognized overnight courior service, or whon aetuaily received 13- ❑086-U00]\1354295v9.JOo by thu Party reeeiving the noUCe if the noticc is given by mail. Unless notice of a diffecent address has been given in accordancc with this Section, any and all such notices shall be addcessed as ti>llows: LANDLORD : I,SK, LLC 291 I S Old Town Front S1reeY "I'emecula, Cali£ornia 92590 Attcntion: '1'IiNAN'P: Temecula Community Services District 41000 Main Strect Posf Office Box 9033 Temecula, CaliPomia 92589-9033 Attention: Presideot, "Cemecuta Community ServiCes Dislrict COPY TO: Richards, Watson Nc Gershon AtYen[ion: Peter M. "Photson, City Attorney 35S South Gcand Avenue. 40th Ploor Los Angelos, California 900713101 ARTICLE 21. IIAZARDOtiS MATERIALS: TNUF.MNtTY 21.1 Pefinitions. Por the purposes of this Lease, the following terms shall have the following meanings: (a) "}[azardous Matecials° shall mean aod include, but not be limited to, any liquid, substanee, matecial, waste, gas or particulate mattor which is now or may become regulated by any local govemmcntal authority, the Stata of California, or the United States Government, including, but not limited to, any liquid, material, substance, waste, gas or partieulato matter which is: (i) defined as a"hazardous waste,° "huazdous material," "hazardous substance," "extremely hazazdous waste," "restcicted hazardous waste" or "pollutanY' under any provision of California law, rule oe regulx[ion; (ii) a petroleum product (iii) asbesrtos; (iv) utea formaldehyde foam insulation; (v) polychlorina[ed biphenyls, (vi) xadioactive matexial; (vii) designated as a"hazardous substanee" pursuant to Scction 311 of the Clean Water Act, 33 U.S.C. § 1251 e[ seq. (33 U.SC. § 1321); (viii) defined as a"hazardous waste" pursuantto Scction 7 004 of thc Resource Conservation and Recovery Act, 42 U.S.G § 6901 et seq. (42 i7.S.C. § 6903); (ix) defined as a"hazardous substance" p�suant ro Section 101 of the Compcehensive Environmental Response, Compensation and Liabiliry Act, 42 L�.S.C. § 9601 et seq., (x) defined as "huardous waste," "extremely hazardous wasta" o� "restricted hazardous waste" under Sections 251 I5, 25117 or 25122.7, or ]isted pursuant to Seelion 25140 of the CaliPornia l Iea.lth and Safery Code, Division 2Q Chaptex 6.5 (Ha�zazdoos Waste Control Law), (xi) defined as a"huzardous substance" undor Section 25316 of the California Health and Safeiy Code, Division 2Q Chaptec 6.95 (tlazardous Materials Ralcase Kesponse Plans and Inventoxy), (xii) defined as a"hazxcdous substance" undei Scction 25281 ofthc California }icalth and Safcry Code, Division 2Q Chapter 6.7 (linderground Storage of 7 dazardous Substances), or (xiii) listed -14- IIOtlfiA001U354295Jl.tloc under Ariicle 9 or del3ned as hazardous or extremely hazardous pursuant to Article 11 of Title 22 of the Calif'ornia Administ�alive Code, Division 4, Chaptcr 20. (b) "Environmcntal Laws" shall mean any and all codes and slatutes specifically described in tt�e forcgoing Paeagxaph and any and all other fedeial, state and local environmental, health or safety statutes, oxdinances, codes, rules, regulations, ordors, deerces, standarda, policies and guidelines in effcct now or in the future �ertaining to Harardous Ytaterials. 212 Indemnification. Landlord shall defend, indemnify and hold'Lenant harmless liom and against any and all claims, liabilities, damages, costs and expenses, arising liom or rolating dircctly to the existence, as of the 8ffective Da[e of llus Lease, and requiied remediation of any liazardous Vlaterials in, on, under oc about the Piemises tha1 axe known to I.andlord bue not disclosed to ox otherwise known by Tenant as of the L:ffecfive Uate ercept m the extont euch Hacardous Matcrials are placed or rcicased by'1'cnant or "PenanNs employees agents or contractors. 'I'enant shall defend, indemnify and hold Landlord hazmless liom and against any and all claims, liabilities, losses, damages, costs and expensos, arising from or relating dicectly or indirectly to [he prodnction, stoxaga, rolease, or diacharge (and/or required remediation) of any and all ltazardous Materials (from any cause whatsoever) in, on, under or about the Premises from and afrer the N.Cfective Date un[il the expizafion or eazlier termination of this I,ease, exeept to the extent that such Hazazdous Matexials are placed on or released from the Premises by Landlord or Landlord's cmployccs, agcnts or contractors. (a) 'fhe terms and provisions of this Section shall survive fhe expiraCion or eaclier terminalion oY this Lease. AR'1'ICLE 22. SURRENDER 221 Surrender. Atthe expiration or earlier terminxtion oPthis Lease, Tenant shall, at its sole cost and cxpense, deliver thc Premises lo Lendlo�d in similaz condition as Tenant received the Premises, except for °normal weaz and tear°. Tenant shall dclivcr tlic Premises in broom clean condiuon with all of Tenant's property rcmoved from thc Yrcmiscs. ARTICLE 23. GENERAI. PROVI5IONS 23.1 l:ntim I.ease and Modificadons. This Lease contains the entire agxeement botwaen the Per[ics relating to the Premises, and supersedes any and all prior agceements (whether oral oi written) of the Parties regazding the Premises. No provision of this I,ease may be axnended oc vacicd cxcept by an agreement that is in writing and is signed by both Pariies. 232 Consents and Annrovals. Neither a Party's execution of this Lease nor any consent or approval given by u P:u1.y hereunder in its capaciTy as a Party to this I,ease shall waive, abridge, impair oc olherwise ¢ffect its powors and duties as a gc�ver�mental body. Any zequicemenis uuder this Lease that any Party obtain consents or approvuls are io addition to and not in ]ieu of any requirements of a�plicttble law that u�y Party obtain governmental approvals ox conscnts. -15- ❑086�000]\I354295N.doc 233 Attomeys' Fees If either Party commcnees an aerion against the uther Pany to enforce any of the terms of [his Lease or otherwise with respect to the Premises, the pcevailing Yarry, in addition to any othei relief to which such Pxrty may be entifled, shall be entitled to recover from the othex Yar[y its zeasonable attomeys' fees, costs and expcnses incurecd in connection with fhe prosecution oi defense of such action. The tean "attomcys' fees" and "attomeys' lees, costs and expenses" shall mean the fees, cos[s and expenses olcounsel to the Parties hereto, which may include printing, duplieafing and other expenses, aic freight chazges, and fees billcd for Iaw cicrks, paralegals xnd o[her persons not admitted fo the bar but per£orming services under the supernision of an attorney, and the costs ¢and fees incurred in connection with the enforcement or coltoction oP any judgment obtained in any such proceeding, and shall include, specifically, any and all fees, wsfs and expenses of expert witr�esses. 23.4 Brokers. The [,andlord represcnts and warzants to Tenant that Landlord is solely responsiblc for any chazges or clxims tu any real estate brokcr used by Landlord in connection with Yhe negotiation, execution and/or delivery of this Lease and agrees to indemnify, defend and hold Tenant hazmless feom and agninst any and all claims made in connectioo therewith. The indemnity obligarions set fonh in this Section shall survive the expiration or earlier teanination Uf II115 LEdSC. 23.5 Severabilitv. lf any term or provision of ihis Lease or the applicatioi� thereof to any persons or oircumstances shall to any extent bc invalid and unenforeeable, the remaindex of this I,oase, oi the application oCsuch term or provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be af'feemd thcreby, and maeh term and provision of this Lease shall ba valid nnd shall be enforced to lhe extent permitted by law. 23.6 Time of Esscnce 'fime is of the essence of lhis Lease. 23.7 CounterpaRS. 'I'his I.ease may be executed in counterparts, each of which shall be deemcd an original and all of which when taken together shall constihxte one and ihe same instrument. 23.8 Further Assura�iccs. 'Pcnant and I.andlord each hereby agrees to take such further actions and to exeeute such other and further documents as may bc rcquired to carry out the purposes ofthis Lcasc. 23.9 (iovernina I.aw. "Phis L,case shall be govemed by and construed in accordance with the laws of the State of C�tlifomia, regardlese of conflicts of law provisions thereoL All controversics, claims, actions or canse of aclion a�ising between the parties hereto and/or thoir respective sucecssors and assigns shall be brought, heazd ad adjudicated by the eourts of the State of California, with venue in the Counry of Riverside. 2310 Headines: Joinl and Several. "Chc article headings contained in this Lease aze for conveniencc only and do not in any way limit or amplify any term or provision hcrcoE Thc terms "Landlocd" and "Te¢anY' as used herein shall include the piural as woll as the singular; the neutcr shall includc the masculine and feminine genders. 23.11 Relationslun of Pariies. Nothing ecmtained in this I,easc shal] be dcemed or construcd by the Parties here[o or by any third puty to creatc the relationship of principal and -16- i mse�000�� asaz9s�tao� agent, partner, joint vcnturer or any assooiation belween the Iandlord and'I'enant, it being expressly understood and agrccd that neithei the paymcnt of rent nor any act of the Pazties hereto shall be dcemed to create any relationship betwcen the I.andlord and Tenant othex than the relationship of lundlocd and tenant. 2312 Successors and Assis�s. The pcovisions of IMs I.ease shall be bi�ding upon and inuro to the bcnefit of the successors and permitSed assigns of the Landlotd and Tenant. Upon any permitted sale of the Pxemises and assignment of its inte�est in this Lease by the Landlord, the Landiord shall noY bc liablc for any obligations or liebilities under this l.ease azising aftex Lhe sale. Upon the assignment ot its intecest in llus Leasc by'Cenant, the Tenant shall not be liablc for any obtigations or liabilities under this I.ease azising after the assignment. 23.13 Access bv thc I,andlord. "fhe Landlord ur its authorizcd representatives may, &om timc to time upon reasonable advanee written notice to'I�enent and at any reasonable hour, entet upon and inspect the Pxemises to asecrtain comp�iance with tkus Lease, but without obligation to do so or liability thcrcfor. 23.14 Survival of Oblieations. Any obligations of Landlord or'Cenant ocwning prior to thc expiration or oadier terminxtion of this Lcase shall survive such expi�ation or eazlier tcrmination. 23.15 No Construction against Draf�i��P�rtv. The cule of construction fhat ambiguities aze resolvcd against the drafting Pany shall not apply to this Lcase and each Party hereto represents and warranls that it has been adviscd by Icgat counsel in conneclion with ihe drafiing and negotiation of this Lease. 23.16 Joint and Sevcral Obti�ations. The obligations of the Landlord eontained herein shall be joint and several obligations of the individvals constituting the Landlord. TN W1TTiESS WHEREOF, the Parties hereto have executed this Lease as of ihe liffective Date. [SIGNATUR�S ON iVEX'C PAUEJ -17- 1 I OS600fq\I35A295vZdoo TENANT TL'MHCUI.A COMMUNI'1'Y SF;RVICE5 DIS"PRICT Dated: RY Jeff Comerchero, President Temecula Convnunity Services District n rrEST�: Approved as to �orm: Dated: By: Susan W. Joncs, MMC, Secrctary RICHARDS, WATSON & UERSHOV 1'emccula Community Servioes District By: Peter M. Thorson, City Attomey LANDLORD I,SK, LLC, a California Limited Liability Company Dated: BY I'itle: Dated: dy T'itic: _�g_ u oaa-o om� u sa2n;.z ao� � ��T��c� Exhibit A '�'�: ;y� ;�+ � .� -� � � `' " .� A �` �� , � , . , � � ;. i � il , �f� I' 4 ,. �.�� ..��. �� ,� �,: ��o � �_,� — A 3 � .. ` , . 4 A �) . Legend �d,� �- � ��,� , � :,�,,. � ;- ��a ��. � � �� 'w��.� s � r � ..,�.m 'A, �y� . " � N DiN� sQ �'-._._ l y r s,A r� Fl , 0�.��.. . p. \; z� w ; �.B � T,. ; ! , f ., lf . �.$ .' \ '. OT � �� v. �l \: -�'2... -. .� k0. . � � ' ' /a� ..'� ' _ � �, `� � � �µ � �� -- �� _� � .: / � i � / • a / ( r i 1 � M �� y i d7�� \ ,�� , • >,�`�� "f 1 ± f �}, S rT�:.._ J�' �� . , ,� � ,. f, _ ti , • � y �• � ' :1' � �J � '�`� � � � �. : �., i �.�_ _ �. A�,� � �/ �a.�. V ��.. � A , / � �y,�"'�r � �� ,n 5 ; � �;; 'ri �" � � 4,'� Y • l"' � , � /� p o y �� .I r � Y�. .. i . h r . <-0 . �s� �• � � • �/� � kF ��SFRp'_ A� di /FRqN, FoR C . n'.I � N yv= 0 1AC 280 k. � Scale: t:2,361 � Map center:6285946,2140627 TM1ismaplsauserBeneratedafa6coulpuHromanlnlemetmepp�slteanElsforge elMerenceonly. �etelayersiM1atappearoniM1ismaPmeYOfineynot0e aauate, wrrenl, ot olbervirse relWble. THIS MHP IS NOT TO BE USE� FOR NAVIGAt10N. F?xhibit °H" I�orm of :Vlemotandum of Lease RE?CORDING RFQIJESTED BY AND W FiEN R6'CORDED MAIL T0: Temecula Community Services District 41000 Main Street Post Office 13ox 9033 'Comecula, Calif'omia 92589-9033 Atiention: City Clexk SPAC6 AllOVG'PHIS LINE POR RECORDER'S USF, llte undersigned declare thnt this Memotandum of Loasa is recorded on behalf oftha Temeculx Community Services Dishict and is exempt from Recording Pecs pursuant to Ca(ifomia Govemme�t Code Section 27387 and exempt from Documontary'Cranefe� Tax pucsuanl m Califomia Revenue and 7'axation Code Section 11922. Poriion of APN: 916-560-006 MH:JIORANDU:N ON LEASE 'I'(IIS MEVIORANDUM OP L�AS� (this "Memorandum") is dated as of , 2011, a�d is entered into by and bctwcen i.SK, L1.0 ("l.andlord"), and TEMECULA COMIVNII�TY SERVICF,S DIS'fRIC"1' ("'1'enanY'). RF.CITALS A. Landlord and Tenanl have enteced into that certain I.case Betwecn the Temecula Community Services Districl and LSK, LLC (Hazveston Welcome Centor-40135 Village Road, Temecula) effeelive lune I, 20ll (the "I.,ease"), pursuant to which Landlord has agieed to ]ease and demise to 7'enant, and "fcnant has agrced to Icase and accept &om Landlord, approximately 1.16-acres of thc real properry that is appeoximaCely 2.45-acres in size commonly known as 40t35 V illage Road, Temecula, and ident�ified as Rivorsido County'Cx�c Assessor's Pazcel Numbex 916-560-006, including an approximate 3,492 square foot building lmown as the i�tarvcston Welcome Cei�ter, common azeus, driveways, walkways, usc ofparking spaces and other ame�ities appurtenant to oc servicing tho F Iarveston W elcome Centar (collectively the "Piemises"). The Premises are depicted on lixhibit "A" he�eto, which is incorporated herein by this reference. B. Landlord and Tenant now desirc to entcr into and record this Memorandum of Lease to enable Tenant to give record notice of tl�e Lease. AGREF.MENT NOW,'1'ffI?RI?d'ORF., in consideration oFthe foregoing and other good and valuable consideration, thc rcccipt and sufficiency of' which is hereby acknowledged, I.andlord and Tenant agree as follows: -�- � mseaamv�s9�ow� ao� 1. Lease. Landlord hereby Ieases and demises the Premises to�Tenant, and'Pcnant hereby Ieases and accepts Lhe Premises from Landlord, on the terms and eondifions in thc Leasc for a thiny-six month teren commencing on the date on which I.andlord tendcrs possession of the Premises to Tenant with ecrtain work having becn completed, subject to ceriain righls of Tenant to cxtend the term for two (2) periods of twelve (12) monYhs yeaz each. Landlord leases aod demises tlle Premise5 to Tenant subjec[ to eazliex terminauon as pxovided in the Leasc and subject to ihe remal rate and the ollier terms and conditions set forth in thc Lcase, all of which are inwrporated hecein kry this refcrcnee. 2. Puroose. This Memorandum is prepared for thc purposes of recordation only and in no way modifies thc tcrms and conditions of the Lease. In the event any provision of llils Memorandum is inconsistenY with any term or condition oPihe Lease, the term oi condition of the Lease shall prevail. 3. Counternarts. 'fhis Mcmorandum may be cxecuted in any number of counterparts, cach of which, when executcd and delivered, shall be deemed to be an oiiginal, and ttll of which, taken together, shall be deemed to be one and the same insfmment. IN WITNES5 WPI�ftEOP, the parties hereto havic exccutcd this Memorandum of Lease as of ihe datc first writtcn above. TF.NANT TEM�CULA COMMUNITY SERVICES DIS7'RiCT Dated: By: Jeff Comemhero, P�esident Temecula CommuniYy Services District AI"LI:�ST: Approved as to Furm: Dated: By; Susan W. Jones, MMC, Seoretary "femecula Community Services Distcict RICIIARDS, WATSON & GERSHON -Z- i mse-ooani3se�ao�i.aoo By: Peter M.'Phorson, City Attorney LANDLORD LSK, LLC, a Califi�mia Limited Liability Cmnpany Dated: By: Title: Datcd: By: Title: -3- IlOfllr�ooaT135n9aovl.�o< ACKNOWLEDGMENT State ofCalifornia County of ) ) ) On before me, (insert name and title of the officer) personally appeazed , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subsetibed to the within instrument and acknowledged to me that he/she/they executed the same in hislher/their authorized capacity(ies), and that by his/herhheu si�ature(s) on ihe instrument the person(s), or the entity upon behalf of which the person(s) acted, cxecutcd thc instmment. I certify under YF,NAI; CY OF YhRJURY under the laws of the Stato of Califomia that tha foregoing pazagraph is true and correct. WITN�SS my hand and official seal. Signaturc (Seal) Si�,mature of Notary Public ACKNOWI.F.UUMNN'1' State of Califomia County of ) ) ) On before me, 'q' 11086-OOOT13i1NOVldoc (insert name and ritle of the officcr) personally appearcd , who proved tu me on the basis of satisfactory evidence to be �he person(s) whose name(s) is/are subscribed to d�e wit6in instrument and aeknowledgcd to me that he/she/they executed the same in his/liec/their euthurized canacity(ies), aiid that by his/hedthei� signxture(s) on the instrumenl the person(s), or the entity upon behalfbf which the person(s) acted, execun;d the instrument. I certif'y undcr YENALTY ON PERJURY under the laws of the State of California that the foregoing pazagraph is We and cotrect. WI'PNESS my hand and official seal. Signature (Sealj Signaturc of Notary Public -5- IIUk6-UW7\I}59'/oOVLJov EXHIBIT "A" I�ESCRU'7'lON OF PREMISES -�- IIOSfi-OIN17\1359900vi.tloc � `'rEm�cui.a Exhibit A � ��, � �_;; ~� "w � �� \ \ ; � , ` '� / ; . I � �a 'i �� 1 ' �� ' / � , � /Fp , - �y� � �o � �� /'�� r� � , pa, / � � ( ,_ o h i g� �'~ �� . 4 � (� ;� � Legend � /,� �� /�y � / �R • I �y � � �,... A � r A . �� .II i � `� 9F. � � I ' ..n.�. � 1� l l' ~ �� NOING SRp ' I a '�.,��'� !j ��_ W / tiBp � � 1 �� . i .\'/ • oTNe`R __ , ,,. � 1 f � /`� Y, •1 .f� ' ( S �'Y�b � - � rr r ''y. � � � � � ��p . ti �In F .�. , � , �� , a � _ -',� � ��r ! i, ' .; �� _- ,,a= ;` �� ' ,� �t _ � � ,� J � '�y�" ";�+! ,. i �� : 1" 4 c ` � • _,� � 1 v ., � � � h ] q RVeg r �� _1' " �b� � ��.�'�� hi' � � � �A' _ - r� w � ��— � R. . � �� : It �^I� . S'� .��:�� 4,� . �: ` � i' y �,�� r *� 1 �s � ;-, � ��y, r, . , ;�� , ^�. ��' �'� < f """__ I�;,/ � ...�kf q��a'RO�. ...« ' 0 740 280 k. � 9ca�e:'12,361 � Map center: 6285946, 2140627 ThismapisausergenerafetlstaticoulputfmmenlnternetmappingsiteantllsforgenemlrMerenceonly. �atalayerslhatappearonNismapmeyormaynotbe ccu2te, artent, or o�herv+lse reliaNe. THIS MhP IS NOT t0 BE lISEO GOR NAVIGATION. Exhibit C Proposed Tentative Improvements Ciassroom A Construct wall and doorway to existing open space to create classroom. Existing carpet can remain in this room. Need door with lock installed. Multi-PUrpose Room . Remove current carpet and lay carpet tiles over entire width of room. It is thought that carpet tiles can be laid ove� � strip of existing wood flooring. • Remove partitions and counters currently in room. • Patch walls and touch up existing paint color. • Create doorframe at entrence of Multi-PUrpose room and insert glass French doors for privacy and sound barrier for rentals. Office • Insert class into existing opening in wall. • Installdoorlock. Storaee (interiorl • installdoorlock. Exterior/Front Entrance Construct a small storage room with door. Some work needed to match existing building exterior. Current Ploor Plan I ♦ • 3� �l ` �\��' I�. I , Proposed Floor Plan � n o s C � q �' KAC�� tl O Cl 6 �f p � . _ : �. �.: � � . 1 ,I CI Cown D 0 _� ._•. _ � CIdeN m , I �� e c u o a s +� .� swwa � � ..._ _�- I � I e I —._.i �._1 �._i � ., � � omca q ',i t l. � '_� � � � . ' � � MulliPUe��RaCm ._ o a _ . � , � — — ua,,,� . �L . � .,�. - R .'�.r �R !� TCSD DEPARTMENTAL REPORT Item No. 13 Approvals City Attorney 5 �� Director of Finance City Manager � TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: May 24, 2011 SUBJECT: Monthly Departmental Report PREPARED BY: Gail Zigler, Administrative Assistant The Recreation and Human Services Division have successfully implemented our Youth Employment Program in conjunction with ResCare. The program has trained and now employs 11 youngsters from the Temecula community. The youngsters are between the ages of 15 and 22 years of age. All are currently working at City facilities, assisting staff in daily operations. They can serve a maximum of 300 hours before June 30 2011. The program is scheduled to re-start in October of 2011. The TCSD is currently proposing to enter a lease agreement in order to lease the Harveston Welcome Center, located in the Harveston Community. It is envisioned that this facility will serve as a community center on the north end of the City, offering residents a wide variety of classes, programs, and activities. The facility would also provide rental opportunities on the weekends. A conceptual design for the Old Town Gymnasium project was completed and approved by the Community Services Commission and City Council. The new gymnasium project will include the construction of a regulation size basketball court, restroom facilities, seating for spectators and an office. The project is currently in design development and we anticipate the plans to be completed and the project ready for bid in the next 30 days. "Art at the Merc" continues to provide local artists with an opportunity to display their art work. Beginning May 3� 2011, the program will feature a youth art exhibit, providing an opportunity for our High Hopes program to display their art and also the art work of a local art teacher, Susan Gallo. Our Aquatics staff is actively pursuing a variety of different grant opportunities to implement an aquatics program specifically for those with special needs. Staff would like to explore the opportunity to provide learn to swim opportunities for young people with special needs and basic water skills for special needs populations. There are several grant opportunities that staff is actively pursuing. The Maintenance Division has developed a design for the replacement of the water slide at the Community Recreation Center swimming pool. Design specifications are being developed and it is envisioned that we will begin the bid process to replace the water during the summer and the installation of the new water slide in October to avoid conflicting with our summer aquatics programs. The Recreation Division completed the design and printing of the 2011 Summer/Fall Guide to Leisure activities. The guide was mailed to Temecula residents the week of April 25` in time for the annual Community Services Expo that was held on Saturday, April 30` from 10am to 2pm at Temeku Hills Park. On April 30` 2011, the TCSD hosted its annual Community Services Expo. The program highlights a variety of programs and services offered through the TCSD, and provides an opportunity for early enrollment. The program was extremely successful, attracting over one thousand visitors, and generating approximately $98,000 in class registration fees. The Recreation Division is currently planning for the activities and events which highlight the summer season and include the 4` of July festivities, summer camps, F.A.M. nights and more. The TCSD Maintenance Division plays an integral role in assisting with the many citywide special events held each month. In addition, the Maintenance Division continues to oversee the maintenance and rehabilitation of all City parks and facilities. REDEVELOPMENT AGENCY Item No. 14 ACTION MINUTES of MAY 10, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 837 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS Stephen Eldred addressed the Agency Members. RDA CONSENT CALENDAR 26 Action Minutes - Approved Staff Recommendation (5-0-0) Agency Member Comerchero made the motion; it was seconded by Agency Member Edwards and electronic vote reflected unanimous approval RECOMMENDATION: 26.1 Approve the action minutes of April 19, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 8:43 P.M., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, May 24, 2011, at 530 P.M., for a Closed Session, with regular session commencing at 7:00 P.M., in the City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] RDAAction Minutes\051011 1 Item No. 15 Approvals City Attorney 5 Director of Finance City Manager � TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: May 24, 2011 SUBJECT: Financial Statements for the Nine Months Ended March 31, 2011 PREPARED BY: Pascale Brown, Accounting Manager RECOMMENDATION: That the Agency Members receive and file the Financial Statements forthe Nine Months Ended March 31, 2011. BACKGROUND: The attached financial statements reflect the unaudited activity of the Redevelopment Agency for the Nine months ended March 31, 2011. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: -Combining Balance Sheet as of March 31, 2011 -Statement of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the Nine Months Ended March 31, 2011. TEMECULA REDEVELOPMENT AGENCY ................................ Combining Balance Sheet as of March 31, 2011 and Statements of Revenues, Expenditures and Changes in Fund Balance — Budget and Actual for the Nine Months Ended March 31, 2011 (Unaudited) .................................... Prepared by the Finance Department TEMECULA REDEVELOPMENT AGENCY COMBINING BALANCE SHEET As of March 31, 2011 Affordable Capital Project Housing Fund Fund Debt Service TOTAL ASSETS: Cash and Investments $ 28,000,145 $ 236,518 $ 2,077,619 $ 30,314,282 Receivables 18,480,483 878,096 4,258 19,362,837 Advancesto OtherFunds-SERAF 4,354,450 - - 4,354,450 Land Held for Resale 6,616,177 98,484 - 6,714,661 TOTALASSETS $ 57,451,255 $ 1,213,098 $ 2,081,877 $ 60,746,230 LIABILITIES AND FUND BALANCES LIABILITIES: Dueto OtherFunds $ - $ 4,354,450 $ - $ 4,354,450 Other Current Liabilities 83,744 36,375 72,000 192,119 Loans/AdvancesPayabletoCity - - 1,227,130 1,227,130 Deferred Revenue 17,962,977 875,000 - 18,837,977 TOTAL LIABILITIES 18,046,721 5,265,825 1,299,130 24,611,676 FUND BALANCES: Reserved 39,404,534 782,747 40,187,281 Unreserved (4,052,727) (4,052,727) TOTAL FUND BALANCES 39,404,534 (4,052,727) (1) 782,747 36,134,554 TOTAL LIABILTIES and FUND BALANCES $ 57,451,255 $ 1,213,098 $ 2,081,877 $ 60,746,230 NOTES: (1) The deficit Fund Balance in the RDA Capital Project Fund is due to the fiscal year 2009-10 Supplemental Educational Revenue Augmentation Fund (SERAF) Obligation pursuant to state law AB4x26. Funds are being borrowed from the RDA Affordable Housing Fund to meet the required obligation. Please note thatthese balances are unaudited. 1 TEMECULA REDEVELOPMENT AGENCY STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REDEVELOPMENT AGENCY AFFORDABLE HOUSING for the Three Months Ended March 31, 2011 Annual Year-to-Date % of Amended qctivity Encumbrances Total Activity gudget Budget REVENUES: Bond Proceeds $ 17,035,000 $ 17,035,000 $ - $ 17,035,000 10oq (1) PropertyTaxlncrement 3,939,000 1,983,562 - 1,983,562 SOq (2) Investmentlnterest 91,955 63,984 - 63,984 7oq Loan Interest/ Forgivable Loans 95,542 102,873 102,873 losq (3) Monitoring Fees 10,032 - 10,032 (4) Reimbursements 172,186 172,186 - 172,186 10oq (5) Rentallncome 149,000 149,000 - 149,000 10oq (6) TOTAL REVENUES 21,482,683 19,516,637 - 19,516,637 91% EXPENDITURES: CAPITAL PROJECTS: Affordable Housing - Temecula Gardens 305,000 305,000 305,000 10oq (7) Affordable Housing - Old Town Mixed Use 3,438,595 2,358,333 1,080,262 3,438,595 10oq (S) Affordable Housing Project 1,500,000 - Oq (9) NW RDA Property Grading NPDES Compliance 45,288 - Oq (10) OPERATING EXPENDITURES: Salaries and Benefits 516,617 363,869 363,869 7oq Bond Cost of Issuance 760,330 742,319 742,319 9Sq (1) Debt Service - Interest 898,306 898,306 898,306 10oq (11) First Time Home Buyer Program 150,000 90,800 90,800 61q (12) Residential Rehab Program 200,000 119,328 18,932 138,260 69q (12) Operating and Administrative Expenditures 681,127 273,364 52,072 325,436 4Sq (13) TOTAL EXPENDITURES: 8,495,263 5,151,319 1,151,266 6,302,585 74q Revenues Oved(Under) Expenditures 12,987,420 14,365,318 Beginning Fund Balance as of July 1,2010 25,039,216 25,039,216 Ending Fund Balance as of March 31,2011 $ 38,026,636 $ 39,404,534 NOTES: (1) The 2011 Tax Allocations Bonds were issued on March 4, 2011 for Housing Projects (2) Property Tax increment revenues are scheduled to be received by the end of May 2011. (3) The variance is due to residual receipts payment received in July 2010 from 28500 Pujol Street Apartments. (4) The variance is due to annual monitoring fees for Temecula Gardens and Coachella housing billed during this quarter. (5) Federal Recovery Act reimbursements from US Treasurer was received in February 2011. (6) The annual rent for Temecula Gardens LLP was billed during this quarter. (7) The annual Pledge Fund deposit to Affirmed Housing for Temecula Gardens was paid in July 2011. (8) The Summerhouse Development Partner L.P is currently construction for the approved 110 affordable units. (9) The Affordable Housing projects will be carry forward to fiscal year 2011-12. (10) No maintenance is required at this time to the Diaz property. Maintenance will be done as needed to this project. (11) Debt Service Interest for 2010 TAB's is due and payable by February 1, 2011. (12) The Agency approved two (2) First Time Homebuyers Program and thirty-two (32) Residential Improvement program. (13) The variance is due to agreement for Jefferson Corridor Specific Plan that was approved on March 22, 2011 but not encumbered during this quarter. 2 TEMECULA REDEVELOPMENT AGENCY STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REDEVELOPMENT AGENCY CIP for the Nine Months Ended March 31, 2011 Annual Year-to-Date Total % of Amended qctivity Encumbrances qctivity Budget Budget REVENUES: Investmentlnterest $ 6,933 $ 6,610 $ - $ 6,610 95q Transfers In 1,172,500 413,000 - 413,000 35q (1) Rental Income & Misc. 17,780 13,597 - 13,597 76q TOTAL REVENUES 1,197,213 433,207 - 433,207 36q EXPENDITURES: CAPITAL PROJECTS: Auto Mall Sign 458,487 458,487 458,487 10oq (2) OPERATING EXPENDITURES: Salaries and Benefits 315,254 218,005 - 218,005 69q Operating and Administrative Expenditures 338,202 122,869 50,385 173,254 51q Tenantlmprovement-CSUSM 656,783 555,159 1,624 556,783 Ssq (3) AbbottOPA 229,802 229,802 - 229,802 100q (4) SERAF Obligation 896,504 - - - Oq (5) Old Town Building Facades 30,698 - - Oq (6) OldTown Plan Implementation 331,500 291,423 18,808 310,231 94q (7) TOTAL EXPENDITURES: 3,257,230 1,875,745 70,817 1,946,562 60q Revenues Oved(Under) Expenditures (2,060,017) (1,442,538) Other Financing Sources (uses): Transfers Out (84,432) - Revenues Over/(Under) Expenditures and Other Financing Sources (uses) (2,144,449) (1,442,538) Beginning Fund Balance as of July 1, 2010 (2,610,189) (2,610,189) Ending Fund Balance as of March 31, 2011 $ (4,754,638) $ (4,052,727) (g) NOTES: (1) The variance is due to the timing of the operating transfer in for this fund. (2) The Temecula Auto Mall Sign was completed on March 1, 2011. (3) Cal State San Marcos construction was complete in August 2010. Payments are due to the University by June 30, 2011. (4) Per the agreement, payment to Abbott Cardiovascular System for property tax reimbursement was made on January. (5) SERAF Obligation payment to Riverside County Auditor is due May 10, 2011. (6) The Agency approved two (2) improvements in April and May of this fiscal year for the Old Town Building Facades. (7) The variance in Old Town Implementation is due to increased summer activities in Old Town. (8) The deficit Fund Balance is due to the fiscal year 2009-10 Supplemental Educational Revenue Augmentation Fund (SERAF) Obligation per State AB4x26. Funds are being borrowed from the RDA Affordable Housing Fund to meet the required obligation. 3 TEMECULA REDEVELOPMENT AGENCY STATEMENT OF REVENUES, EXPENDITURES, and CHANGES IN FUND BALANCE - BUDGET AND ACTUAL REDEVELOPMENT AGENCY - DEBT SERVICE for the Nine Months Ended March 31, 2011 Annual Year-to-Date % of Amended qctivity Encumbrances Total Activity gudget Budget REVENUES: Property Tax Increment $ 15,756,000 $ 7,934,248 $ - $ 7,934,248 SOq (1) Investmentlnterest 14,811 13,053 - 13,053 Ssq TOTAL REVENUES 15,770,811 7,947,301 - 7,947,301 SOq OPERATING EXPENDITURES: Trustee Admin Fees 14,725 11,675 3,050 14,725 10oq (2) Property Tax Admin Fees 162,968 162,969 - 162,969 10oq (3) Pass-through Agreements 10,754,000 5,613,230 - 5,613,230 52q (1) Debt Service - Principal 980,000 980,000 - 980,000 10oq (4) DebtService-Interest 3,081,617 2,577,103 - 2,577,103 S4q TOTAL EXPENDITURES: 14,993,310 9,344,977 3,050 9,348,027 62q Revenues Over/(Under) Expenditures 777,501 (1,397,676) Other Financing Sources (uses): TransfersOut (1,813,128) (566,362) Revenues Over/(Under) Expenditures and Other Financing Sources(uses) (1,035,627) (1,964,038) Beginning Fund Balance as of July 1,2010 2,746,785 2,746,785 Ending Fund Balance as of March 31,2011 $ 1,711,158 $ 782,747 NOTES: (1) Property Tax increment and Pass-Through Agreement obligations are expected to be received by the end of May 2011. (2) Trustees Admin Fees for RDA TAB's are due and payable in August of this fiscal year. (3) Property Tax Admin Fees are recorded in January when the RDA tax increment is received. (4) The variance is due to Debt Service Principal due and payable by February 1, 2011. 4 Item No. 16 Approvals City Attorney 5 Director of Finance City Manager � TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Aaron Adams, Assistant City Manager DATE: May 24, 2011 SUBJECT: Agreement between Melody's Ad Works, Inc. and the Redevelopment Agency for FY 2011-12 RECOMMENDATION: That the Agency Members: 1) Approve an agreement with Melody's Ad Works, Inc. in the amount of $39,700 for promoting and marketing Special Events in Old Town for FY 2011-12. BACKGROUND: Melody Brunsting, a Temecula public relations and special events coordinator, has been assisting the Agency in promoting and marketing special events in Old Town Temecula since 1999. Since that time, the Agency has expanded special events to include the Bluegrass Festival, Western Days, Street Painting and Plein Air Festival, Hot Summer Nights, Quilt Show, Old Town Christmas and New Year's Eve. These special events attract visitors to Old Town in hosting a variety of activities of interest for the local community and tourists of all ages. Through these efforts, merchants and restaurants have benefited by increased business and continued support of Old Town's economic viability. Melody's Ad Works, Inc. will plan, organize and promote a series of annual events in Old Town Temecula designed to draw from the 2.2 million tourists that visit Temecula and surrounding markets annually. These events will begin with Hot Summer Nights July 8, 2011 and end with the Street Painting Festival June 22-24, 2012. FISCAL IMPACT: The $39,700 will be funded through the Redevelopment Agency FY 2011-12 Operating Budget in the Implementation Line Item. ATTACHMENTS: Agreement between Melody's Ad Works, Inc. and the Redevelopment Agency for FY2011-12 AGREEMENT FOR CONSULTANT SERVICES BETWEEN REDEVELOPMENT AGENCY OF THE CITY OP TEMECULA AND MELODY'S ADS WORKS, iNC. OLD TOWN TEMECULA SPECIAL EVENT PROMOTIONS THI5 AGREEMENT is made and effective as of July 1, 2011, between the Redevelopment Agency of the City of Temecula , a pu6lic body, corporate and politic (hereinafter referred to as "Agency"), and Melody's Ad Works, Ina. a Corporation ("ConsWtanP'). In consideration of the mutual covenants and conditions set forth herein the parties agree as fallows. �. TERM This Agreement shall commence on July 1, 2011, and shall remain and continue in effect until tasks described herein are compteted, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in fuil. Consultant shall compiete the tasks according to the schedWe of performance which is also set forth in Exhibit A. Consultant shall submit all marketing/promotional materia�s including flyers, rack brochures, videos, cable slides, etc. and media releases to city staff for review prior to release and/or print. The City of Temecula branding elements should be incorporated as part of the development of marketing/promotional items and press releases. City will respond to prwfs within production timeline guidelines. 3. PERFORMANCE Consultant shall at all time faithfully. competently and to the best of his or her ability, experience, and talent, pertorm all tasks described herein. ConsWtant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consu�tant hereunder in meeting its obligations under this Agreement. 4. PAYMENT 1) a. The Clty agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporeted herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment retes and schedule of payment, are null and void. This amount shall not exceed Thirty Nine Thousand Seven Hundred Dollars and 00 Cents ($39,700.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement 1 b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, uNess such additional services are authorized in advance and in writing by the Executive Director. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by Executive Diredor and Artist at the time City's written authorization is given to Consultant for the performance of said services. a Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted be[ween the first and fifteenth business day of each month for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of ConsultanYs fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consuitant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the �irector of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the ConsWtant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work pertormed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The ConsultanYs failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in detault for cause under the terms of this Agreement City shall have no obligation or tluty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the ConsultanYs control, and without fault or negiigence of the Consultant, it shall not be considered a default. b, If the Executive Director or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with wriiten notice of the default. The Consultant shall have ten (1 �) days after service upon it of said notice in which to cure the defaWt by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 7. OWNERSHIP OF DOCUMENTS a. Consuliant shall maintain complete and accurate records with respect to saies, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. ConsWtant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly Identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as . necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this AgreemenL Such rewrds, together with supporting documents, shall be maintained for a period of three (3) years after receipt of finai payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs. drawings, maps, models, computer files containing data genereted for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reusetl or otherwise disposed of by the City without the permission of the ConsWtant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasona6le written request by the City, the necessary computer software and hardware for purposes of accessing, compi�ing, transferring and printing computer files, provided that the Consultant does not convey proprietary software to the City, but onry as a means for the City to access the work product 8. INDEMNIFICATION The Consuitant agrees to defend, indemnify, protect and hold harmless the City, District, andlor Agency, its officers, officials, employees and volunteers from and against any and aIl Gaims, demands, losses. defense costs o� expenses, including attomey fees and expert witness fees, or Ilability of any kind or nature whlch the Clty, Dlstrict andlor Agency, its officers, agents, employees or volunteers may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of ConsultanYs negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City. 9. INSURANCE REQUIREMENTS , Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives. or employees, a. Minimum Scooe of Insurance. Coverage shail be at least as 6road as: 1) Insurance Services Office Commercial General Liability fo�m No. CG 00 07 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile liability, code 1(any auto). If the Consultant owns no automobiles, a non-owned auto endorsement to the General Liabiiity policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while 3 performing under this Agreement. worker's compensation insurance is not required but Consultant shall execute a declaration that it has no employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of new employees. b. Minimum Limits of Insurance Consuitant shall maintain limits no less than: 1) General Liability. One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate Iimit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability�. One miilion (51,000,000) per accident for bodily injury and property damage. 3) Worker's CompensaUon insurance is required only if Gonsultant employs any employees. Consultant warrants and represents to the City that it has no employees and that it will obtain the required Worker's Compensation Insurance upon the hiring of any employees. a Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents (525,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: � 1) The City, the Temecuia Community Services District, the Redeve�opment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the ConsWtanY, products and completed operations of the Consultant; premises owned. occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special �imitations on ihe scope of protection aHorded to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultanfs insurance coverage shall be primary insurance as respects the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultanfs insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies inciuding breaches of warranties shall not aftect coverage provided to the City, the Temecula Community Services Dishict, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The ConsultanPs 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 Iiability. 4 5) Each insurence policy required by this agreement shall be endorsed to state� should the policy be canceied before the expiration date the issuing insurer will endeavor to mail thlrty (30) days' prior written notice to the City. 6) If insurance coverage Is canceted or, reduced in coverage or in limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notity the City via certified mail, retum receipt requested of the changes to or cancellation of the policy. e. AcceptabilitV of Insurers. Insurance is to be placed with insurers wilh a current A.M. Best rating of A-�.VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to compfy with these insurance requirements. f. Verification of Coveraqe. Consultant shall furnish the Agency with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided hy the City. All endorsements are to be received and approved by the Agency before work commences. As an alternative to the City's forms, the ConsultanYs insurer may provide comptete, certified copies of all required insurance policies, inciuding endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services unde� this Agreement on behalf of Consultant shall at all times be under ConsultanPs exclusive direction and control. Neither Agency nor any of its officers, emp�oyees, agents, or volunteers shall have control over the conduct of ConsWtant or any of ConsWtant's officers, employees, or agents except as set forth in this Agreement ConsWtant shall not at any time or in any manner represent that it or any of its oHicers, employees or agents are in any manner officers, employees or agents of the Ciry. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind Agency in any manner. b. No employee benefits shail be available to ConsWtant in connection with the performance of this Agreement Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. Agency shal� not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 1'1. LEGAL RESPONSIBILITIES The Consultant shall keep itseff informed of all local, State and Federa� ordinances, laws and regulations which in any manner affect those employed by if or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with aII 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 Consu�tant to comply with this section. '12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consuitant without City's prior written authorization. Consuliant its officers, employees, agents or subcontractors, shall not 5 without written authorization from the Executive Director or unless requested by the City Attomey, voluntariry provide dectarations, 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 Iocated within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives Agency notice of such court orderorsubpoena. b. ConsWtant shall promptly notify Agency should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or o�her discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. Agency retains the right, but has no obligation, to represent Consultant andlor be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperete fully with Agency and to p�ovide Agency with the opportunity to review any response to discovery requests provided by ConsWtant. However, City's right to review any such response does not imply or mean the right by Agency to wntrol, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputabte document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (ifi) mailing in the United States Mai�, certified mail postage prepaid, retum 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 eifective upon deiivery to the addresses specifled below or on the third business day tollowing deposit with the document delivery service or United States Mail as provided above. Mailing Address: Redevelopment Agency of the City of Temecula Attn�. Executive Oirector P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: Redevelopment Agency of the City of Temecula or Hand-Deliveries ONLY Attn: Executive Director 47000 Main Street Temecula, CA 92590 To Consultant; Melody Brunsting Melody's Ad Works Inc. 21705 Como Street Wildomar, CA 92595 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, ConsultanYS sole compensation shall 6e payment for actual services performed 6 up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At aII times during the term of this Agreement, Consuitant shal� have in full force and effect, all licenses required of it by iaw for the performance of the services tlescribed in this Agreement. 16. GOVERNING LAW The Agency and Consultant understand and agree that the Iaws of the State of California shall govem the rights, obligations, duties and liabilities of the parties to this Agreement and also govem the interpretation of this Agreement. Any litigation conceming 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 nghts under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonabfe attorney fees and itigation expenses for the relief granted. 17. PROHIBITED INTEREST No oHicer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the ConsWtant, or ConsultanYS sub-contractors for this project, during his/her tenure or for one year Yhereafter. The Consultant hereby warrants and represents to the Agency that no officer or employee of the Redevelopment Agency of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non-contractual, financial or otherwise, in this trensaction, the proceeds thereof, or in the business of the ConsuRant or ConsultanYs sub-contractors on this project. Consultant further agrees to notify the Agency in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement All prior or contemporaneous agreements, understandings, representations and statements, oraf or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreemenl on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to 6ind Consultant to the performance of its obligations hereunder. 7 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. REDEVELOPMENT AGENCY OF THE Melody Brunsting CITY OF TEMECULA Melody's Ad Works Inc. 21705 Como Street Wildomar, CA 92595 (iwo Signatu�es o/ corporate oKcers requiretl unless corporate documents aufharize only one person fo sign the agrecmen( on behali of the corpoatian ) By: BY: Shawn D. Nelson, Executive Melody Brunsting Director ATTEST: By: By: Susan W. Jones, MMC, City Melody Brunsting Clerk/Agency Secretary APPROVED AS TO FORM: ey: Peter M. Thorson, Agency CONSULTANT Counsel Melody's Ad Works, Inc. Melody Brunsting 21705 Como Street Wildoma�, CA 92595 (951�678-1456 melsadworks@gmail.com a FSM Initials: Date: 9 EXHtBIT A Scope of Work 70 ��611�`� Ad Worka, Inc Mah.atlnp & Public Relalions Budget Proposal Old Town Temecula Special Event Promotions zoii-iz 21705 como Sheet " wildomar " CallforNa 82595 Phone "(951) 252-5849 (951) 678-14b6 " Fex (9$'I � 878-6487 E-mail Melotly�temeculacalifomia.com - Website: mvwSameculacelifornie,com .�6l1�� Rd Ulorkt, Inc MaMetlnp 8 Public Relallons SCOPE OF WORK PERFORMED: Melody's Ad Works, Inc. will plan, organize, produce and promote a series of annual events in Old Town Temecula designed to draw guests to Old Town Temecula from the 21 million tourists that visit Temecula annually, and the surrounding local markets of Southwest Riverside County. These events will begin with Hot Summer Nights July 8, 2011 and end with Old Town Temecula Street Painting, June 22-24, 2012. For each event Melody's Ad Works Inc. will: ❑ Review, screen, and select entertainers o Distri6ute Performance agreements and W-9s for a�l contrected entertainers ❑ Request bids for facilities and order necessary facilities such as staging, sound, canopies, portable toilets and light standards. ❑ Work with City of Temecula Planning and Riverside County Environmental Health to assure proper permits are acquired. ❑ Produce site map for each event ❑ Select and schedule most effective advertising for each event ❑ Create reproduction-ready print ads for print media �where required) o Create radio and television commercials �production corts additional) o Create reproductlon-ready art for Flyers and Posters (where required� a Gost event applications, updates, and forms for contestants, artists, vendors and other supporting entities for events on www.temeculacalifornia.com ❑ Develop, write and distribute to media press releases and press packages for each event. o Distribute weekly, monthly and regional press releases supporting event. o Distrib�te quarter press reiease on events for 6-month lead time publications. o Produce e-mail blasts to Old Town Temetula and generel interest subscribers of www.temeculacallfornia.com. Emailswill promote events and activities and follow all rules and regulations restricting unsolicited emails. o Produce event sites and event invitations on Myspace, Facebook and other social networks as deemed necessary for the event. o Utilize social media marketing for promotion including blogs, niche groups and associations, band and performer pages and sites. ❑ Provide on-site laminated 8.Sx11"event locater signage for event activities ❑ Coordinate with City of Temecula Staff ❑ Meet with Old Town Temecala Economic Development/CVB Group ❑ Collect press clippings, monitor results and advertising placement, and maintain workbooks for each event. ❑ Provide media coverage recap of events. ❑ Continue to work with Old Town Temecula Businesses/Ol to expand events through individual busi�ess support and/or sponsorship, and interaction. 21705 Como Street" Wildomar " California 92595 Phone "(951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melotly@�emewlacalitornia,wm - Website�. www.Temeculacalifomia.com S�ll�� Ad Workr, Inc Marketlng 8 PuClic Relallans EVENT DESCRIPTIONS: CITV OF \ i� T��E��JI�A : � ai�;<a;i J_' /l,.i'r'` . •�.� 7 . iyd�� SUMMERFEST Hot Summer Nizhts: luly 8-September2, 2011 The weekly format has been the most effective of the programs and continually builds the crowd over an eight-week period. Friday night events will begin luly 8, 2011 and continue through Friday, September 3, 2011 Labor Day Weekend. EVENTS AND ACTIVITIES . 9 weeks —July 8 thru September 2, 2011. • EVERY FRIDAY—music to vary to drew different ages and demogrephics. • 7hree bands with strong fan base scattered throughout Old Town Temecula. The largest will be placed at the Ralph Love Courtyard (Baily's) and signage will designate that concert admission is free. 2 largest band will be placed on at Sweet Lumpy's. Other bands will be distributed throughout Old Town to provide balance. Some areas will rotate band between east and west side of Old Town Front Street to reduce sound conflici. These areas: o Tesoro Winery Parking Lot o Palomar Hotel • Other areas entertainment will rotate depending upon the genre and size of the venue and potentialaudience. o These areas are: • Smoke Shop alcove next to Rosas • Villa Calabro/Temecula Hills Patio • Temecula Cheese Company • Local bands, and non-profit music organizations such as Valley Winds will be utilized where possible. • Deejay Geoffrey Gaier will mnduct games at the romer of 4`" and fro�t Street weekly. • Dynamite Dave the Clown will provide balloon creations weekly. • A potential partner who will provide party jumps to have exposure with the event crowd is in negotiations. This will e>ctend the budget and provide more entertainment. Vendor is a children's vitamin company. 21705 Como Street" Wildomar " California 92595 Phane "(951) 252-5649 (951) 678-1456 " Fax (951) 678-5467 Email Melotly@�emeculacalifornia.com - Website www,TemeculacaliPornia.com .��6l1�� Rd Workr,lnc MaMed� 8 PuOAe Ralaibns c i T v o r TFMEC ,A �,, �i�a, „f� - ;:. C sti �� , QUILT SHOW October 1, 2011 This event is a popular event with the merchants and out of town quilting guilds that visit during the outdoor show. The Organizers (Valley in the Mist Quilters Guild) will move to the Civic Ce�ter and utilize the quad for exhibits and their fundraising auction. Proceeds of the auction benefit local children's charities. This is a move from the Old 7own Temecula Community theater and to enhance the visual appeal of the colorful works of art, the guild will uii�ize pipe and drape to display the quilts. Melody's Ad Works Inc. will work with the Quilters on permits, advertisi�g, publicity, promotion and coordination of the event. The annual quilt walk, a two-week exhibit of quilts inside Old Town businesses will return in September. Fuiure plans are to use the quad, park and civic center for a workshop and sales area, bringing in quilting supplies and equipment, guest speakers and celebrity quiiters. The Quilt Show organizers distributes 10,000 post cards throughout Southern California beginning in lune of the previous year. 2010 ACCOMPLISHMENTS QUILT SHOW: Expanded the "quilt walk" component of the event. This portion ofthe event provides quilts in Old Town Stores for two weeks prior to the event, and a quilt walk map to encourege visits prior to the quilt show. Intteased from 17 to 21 bcations. • Event 5,000 utilized postcards to promote Festival and began distributio� in August to quiit shows around the west coast. • Received 209" of publitity in local media, a 76% increase over 2009. • Guest Quilter and approiser sold out tickets at Pujol Community Certer 21705 Como Street " Wildomar ^ California 92595 Phone "(951) 252-5649 (951) 678-1456 " Fax (951 � 678-5467 E-mail Melotly@temeculacalifomia.wm - Website'. www.Temeculacalitornia.com ,��L!!�� ad wo�kr, i�� Marketlng 6 Public Reletlons c i T v o r T�M E,C� 1_A fr ,?«r�s� �s'F � �, o„ WINTERFEST Old Town Christmas & New Years Eve Friday, November25, 2011 toJanuary2, 2012 Santa arrives Friday, November 25th (day after Thanksgiving) at 6 p.m, aboard a horse-drawn carriage. He will set up his workshop in the same area ofthe "Y" as 2010. For his arrival a temporery closure of Main Street from Front Street to the "Y" is recommended for safety. Crowd level this vear filled the street, preventin¢ the wrriaze and Santa from movin� Barricades to hold crowd back are also su��ested. Some of the Old Town Businesses have requested snow at front and Main Street for the arrival. Melody's Ad Works, Inc. is working with them for sponsorship. The Temecula Boy Scouts, Pack 301 will take sowenir photos. Oid Town Temecula Antlers will be distributed to kids during Santa's arrival and throughout the 5-week promotion. Dickens carolers and charecters will also be positioned around Old Town throughout the campaign. Publicity forthe event will begin in Au�ust with long-lead magazines, and continue through November We will also coordinate with the Temecula Children's Museum for December 9, Winter Wonderland. This night will incl�de visits with Santa and other possible entertainment. OPENING Of THE ICERINK: Melody's Ad Works, Inc. proposes the opening time and day to switch to an evening opening prior to the regular schedule. Duringthis time we suggest a celebrity "Broom Hockey" game with City of Temecula staff playing against Temecula School district coaches and "guest" team members. The team members can include Thunder, sports figures, local dignitaries and ringers. This will create a larger audience of families and help sell "special sessions" for the rink. 2�705 Como Street" Wildomar" California 92595 Phone "(951 � 252-5649 (951) 678-1456 " Fax (95� ) 678-5467 Email Melody@temealacalifornia com - Website wwwSemeculacalifomia.com ��lll�� Rd Workr, Inc Medetlnp 8 Public flela0ans NEW YEAR'S EVE: The 2010 event induded more live bands, a deejay to synchronize the muntdowns, enlarged grapes for the drop, and more locations for music. Musical genres included a Beatles tribute band, big band and Aunt Kizzy'z Boyz. The end result was higher attendance at both the 9 p.m. and midnight drops. The illuminated grepes will be enlarged to stand out more against the new Civic Center and to match the giant il�uminated numbers. Melody's Ad Works, Inc. will design and build the new grapes utilizing the illuminated spheres from last year and some additional supplies and materiais as recommended by Fiesta floats. Fiesta Floats is the number one float maker, and winner, of the Pasadena Rose Parade. The new grapes will be twice the width and more weather tolerant. ACCOMPLISHMENTS 2010 WINTERFEST/NEW YEARS EVE: Expanded Ice Rink days, times and size provided longer hours for entertainment and visits with Santa Claus. • Created an enlarged and professional Santa House as part of an Eagle Scout Project. . Expanded Santa's hours by two days. . Increased amount of entertainment for New Years includingtown-wide broadcast of two countdowns. • Enlarged the Grepes for grape drop. Increased 9 p.m. crowd approximately 50%, Midnight crowd by 66%. Advertising included 5 weeks of fIOS/Ca61e (Verizon) television commercials on A&E, Family, USA, CNN, and T85. Utilized Cross Market Channels to reach Los Angeles and South Orange Counry market. • Received S12" column inches of publicity in The Press Enterprise, North County Times, Inland Empire Magazine, and My Valley News, a 439Y increase of 2009-10 (289 column inches) and 1,954,924 impressions. 21705 Como Street " Wildomar" California 92595 Phone "(951 � 252-5649 (957 � 678-1456 " Fax (951 � 678-5467 E-mail Melotly@temeculacalifornia.com - Websile'. www.Temeculacalifomia.com .i�Lll�`� fld Workr, Inc Marketlng & Public Pelatians TF �Vl EC U,LA 1�� , lffl`'•r� `�3��,<�„ i�� Blue¢ress Festival Marth 16-18,1032 This event continues to grow in reputation and popularity. Once again the 2011 event had 200 motor homes in town representing $300 in "Old Town" spending per RV. Pestival could accommodate as much as 400 RVs as reservations for 125 are already in. In 2011 the Old Town Community Theater and the event coordinated efforts to place a popular national Bfuegrass band on stage Friday evening. This concert was about half capacity and the Saturday concert that features three of headliners from the weekend's lineup on one stage was sold out. Additionally many of the bands played to full houses throughout the weekend. Due to inclement weather the outdoor stage was moved into the civic center's conference room for most of Sunday resulting in an intimate concert arrangement, providing more than 120 seats in a comfortable seating. 4 of the performances were held inside and each was full . This will become the backup plan for rain days in future planning. HIGHLIGHTS OF 2011 • Event opened Friday night at 6 with a band playing at Sweet Lumpy's • National bluegrass stars "The Grescals" performed at theater friday evening • Jam session held Saturday evening at Embassy Suites • Sold out Saturday trowd - proceeds weM to Old Town Temecula Theater • 200 RVs were parked in town during the weekend. • 5.8 Million Impressions in publicity in Press Enterprise, Westways, Spirit Magazine, ValleY News, NC Times, Califomian, Press Enterprise and Neighbors. . Willy's Place/Sirius Satellite mentions on air week of Festival. 2012 CHANGES/ADDITIONS � • Coordinate with?heate�to bring a bluegrass/Celtic band for the Saturday evening show and put the . three weekend performers on stage on Friday evening. • Need more RV spaces and suggest closing Ridge Park Drive and parking RVs diagonally. • Establish back up contingency of the Civic Center for rain or inclement weather. • Provide bands and contact names for businesses wanting bluegrass ba�ds. 21705 Como Street " Wildomar " California 92595 Phone "(951 � 252•5649 (951 � 678-1456 " Fax (951 � 678•5467 &mail Melotly�temeculacalifornia.com -website'.wwwSemeculacalliomia,com �iLll�l�% Rd Workr, Inc MarXetlnp & Public Relations Western DavS May19&20,2012 Westem Days will continue to use the 4th & Front Street lot for the Old Town Temecula Gunfighters shows as long as it is available. Shows are held hourly from 10 a.m. to 4 p.m. with the soft closure and high noon shoot out (12 noon each day) of the eank. The 2011 event moved the chili cookoff to Town Spuare and added a people's choice restaura�t award to hopefully provide more chili to the crowd. In 2010 all People's Choice chili was gone in an hour. 2012 60AL5 AND OBIECTIVES • Increase Chili Cookoff participation • Expand exhibits and pursue cultural events and exhibits • locrease participation in Cattle Call ACCOMPLISHMENTS 2010 • The 2010 Western Days had one of the largest crowds in attendance, with Front and Main Street packed for the high noon shoot out. . Chili Cookoff had double the entrants • Chili Cookoff sold out of chili in one hour • Listing in Westways was cited by guests as reason for attending • Chili Cookoff was upgraded to a Regional Event, maki�g all winners of the contests eligible for the World Championships. 21705 Como Street " Wildomar " California 92595 Phone "(951 � 252-5649 (951 � 678-7456 " Fax (951) 678-5467 E-mail Melody@temeculacalifarnia.com - Website'. www.Temeculecalibrnia.com .S6ll�l� Rd Workr, Inc MaAetlnB 8 Publle Relatlona ci*v oe � A Street Paintina Festival & Plein Air Festival June 22-24, 2012 The 2010 Festival expanded by adding a night time painting "81ack and White at Night." The Event was held in conjunction with the Ralph Love Plein Air Festival and organized by Melody's Ad Works Inc and the city. The eve�ing element helped kick start Hot Summer Nightr with music on Friday and Saturday evenings in the Tow� Square. The 2010 event had the most muralists and murals in the 10 year history. It was also placed in the smallest square footage in history so expanding it to Mercedes for 2011 will help provided a better visual for artists and guests. The Temecula Street Painting Festival is also a part of a cooperative group of festivals that cross promote including the I Madonnari Festival and Santa Ba�bare Festival. Artists will begin painting at 5 p.m. on Friday within the Main Street "Y". The Raiph Love Plein Air festival is also produced by Melody's Ad Works, Inc and will continue i� 2012. 2030 ACOMPLISHMENTS: • largest number of partitipating muralistt in event history • Largest number of plein air artists in event history • Reception had 200 guests (avg in past was 50) • 544 Inches of publicity in North County Times, the Press-Enterprise, Californian, Travel Tips, Valley News, The Paper and RV Journal. • 5.98 million print impressions of publicity was produced as a result of the event promotions. 2012ENHANGEMENTS: Melody's Ad Works Int., has been working with the Arts Council of Temecula Valley to create a high-quality, artist desirable fine art festival to Temecula and incorporating it with the Street Painting and Plein Air. for 2012 we will continue to work with the Council to create °The Art Experience." It is the CountiPs objective to create a show with a strong enough reputation for quality and sales thai it will eve�tually rival La 4uinta and Sausalito Art Festivals in sales and popularity. The Temecula Street Painting Festival and Western Days have been produced with the same budget since the 2009-10 Fiscal years. This will mark the fourth year with cost of expenses increase. 2'VOS Como Street" Wildomar" California 92595 Phone ^ �951) 252-5649 (95�) 678-1456 " Fax (951 � 678-5467 E-mail Melotly�,dtemeculacalifornia.com - Website�. www.Temeculacalifomia com .SLlI.,.�� Ad Workr, Int Marketing 6 Publlc RelaOans TIMELINE & DEADLINES: To efficiently run the proposed events deadlines and a timeline are provided. It takes a minimum of six months to promote an event, nine months to a year to professionally plan and organize e�tertainers and schedules. Melody's Ad Works has provided this timeline to assist city staff in adhering to proofreading, promotion and budgeting deadflnes. 12-18 MONTHS Develop Year-ROUnd Calendar of Events 9•12 MONTHS Book Headline, Highest Demand Entertainment Confirm Dates Establish Budgets 6-4 MONTHS . Produce and Distribute annual Calendar Listingto long lead publications, trevel writers, entertainment calendart. • Coordinate cross promotion with Temecula CVB, Old Town Merchants, Niche Organizations supporting the event. • Produce upcoming quarterty collateral material (reck cards) • Distribute W-9s, performance agreements, (This is delayed for Hot Summer Nights due to contractual restrictions) 3-6 MONTHS • Write & Distribute full press release on event to regional publications, calendar editors, travel editors • Distribute quarterly collateral • RFQ Facilities, order (tents, tables, chairs, portapotties) • Develop site plan • Confirm advertising and printing schedules . Follow up on entertainers paperwork, additional facilities needs, entertainer riders or requests • Distribute applications for contests (Street Painting, Chili Cookoff) 3 MONTHS • Write & Distribute Month Press releases • Write Public Service Annountements & Distribute • Contact entertainers and participants • Distribute applications (2 mailing) • Press Release Contests and Applications Availa6ility • PSA (PUblic Service Announcement on contests) 21705 Como Street" Wildomar ^ California 92595 Phone "(951) 252-5649 (951 � 678-1456 " Faz (957) 678-5487 E-mail Me�ody�temeculacalifornia.com - Website'. www.Temeculacalifomia.com SLll�l� f1d Work�, Inc MarkaEng & PuENe Pebtlom 2 MONTHS • Monthly Ads in Neighbors or Monthly Publication • Distribute Pub�ic Service Announcements Again • Press Release Contests and Applications Availability • PSA (Public Service Announcement on contests) • Complete flyers, final proof of any collaterel • Hotel room confirmation if req�ired 6 WEEKS-4 WEEKS • Distribute flyers, posters, rack cards, coilateral • Weekly Press Releases on Event • Complete radio and television copy and production depending on ad schedule • Check/recheck Performance agreements, contrects what Is received • Begin weekly email blasts • Invite on social media • Begin regular mentions on social media 3 WEEKS • Buy supplies, order prizes, trophies • Begin advertising if budget allows. (Current budget only allows 1-2 weeks advertising) • Email blasts weekly • Email participants and remind dates • Email past participants/mail and remind of dates, resend applications • Confirm all fatilities • Final of the site plan and layout. 2 WEEKS • Deadline for any vendor application • Deadline for participants. �While we take them in until day of event, orga�ization runs better if we have a deadline. • Inventory/ooss check supp�ies and needs based upon participants • Daily social media mentions • Weekly email blasts • Answer press inquiries, provide information and photos • Confirm event publicity in calendars and guides of local pubs 27705 Como Street" Wildomar" Callfornia 92595 Phone ^(951) 2525649 (951 � 678-1456 " Fax (957 � 678-5461 E-mail Melody�temeculacalifornia.com - Website: www.Temeculawlifomia.com �rtll� pd Worki, Inc MaMeune 8 Public aela4om WEEK OF • Confirm arrival time for o Facilities o Entertainers o Public Works o RoadClosuresorsupplies o Final Press Release and Ads • Pick up prizes, checks, awards • Review permits, requirements, tonfirm all facilities in place • Answer press inquiries, provide information and photos • Answer last minute questions for entertainers, performers, and participants • Set Up day before event as much as possible. GRAPHIC ARTS AND BROADCAST PRODUCTION TURN AROUND: • 1-2 Weeks o Proof/revisions 1 week o Proof corrections 24 hours Deadline for Radio, Television for placement —1 week prior to airing Deadline for Newspaper dailies - 3-5 days depending on date of ad/holidays Deadline for Newspaper monthlies — 2 weeks prior to month ad is to run Necessary time to pramote an event 4-6 weeks of publicity, advertising, collateral material on display. Any delays, excessive revislons of work, event budget or itinerary changes, result in a less efficient and effective promotional campaign for the event. Excessive revisions, changes and/or additional events and activities will result in additional fees beyond this contract fee at the rate of $150 per hour. Excessive revi5ions are defined as more than two design and/or copy changes due to subjective taste and not errors or omissions. PUBLIC RELATIONS & AOVERTISING WORKSHOPS: Melody's Ad Works, Inc. also will offer city of Temecula staff the following 1-hour workshops free of charge to inaease knowledge of current and effective advertising, marketing and public relations practices. Melody Brunsting has taught these seminars at the college level as well as at event marketing conferences around the country. • Developing local events with national appeal . Event Marketing with today's economy • Networking, social networking, and how to incorporate into your Public Relations and Marketing • Do I have to Tweet to Sell a Seat, Social Media Marketing for Events Melody's Ad Works Inc. $ 39,700 21705 Coma Street " Wildomar ^ Calitornia 92595 Phone "(951) 252•5648 (951) 678-1456 " Fax (951) 678-5487 E-mail Melotly@temeculacalifamia.com - Website: �vww.Temeculecali(omia.com ��Ll �u�� ad wo�kr, i�� Madetlng 8 Public ftelations Melody's Ad Works Inc. wfll bill monthly on the first of the month, for services described herein. Expenses incurred by Melod�JS Ad Works Inc., such as printing, postage, wreath supplies, Christmas decorations, ice, signage, prizes and awards, games and toys for the events will be billed separetely and are not part ot the contract price for services. 7hey have been delineated in the accompanying spreadsheet and are INCLUDED IN THE BUDGETS of each event. Postage falls under advertising. Other supplies fall under facilities and entertainment depending upon the supply item. Separete budgets delineating each expense and vendor/supplier will be provided 8-12 weeks prior to each event, and updated as expenses are made. Respectfully submitted, Melody Brunsting Melody Brunsting President Melody's Ad Works, Inc. Providing quality events, marketing and promotions since 1989 Winner of the Irttemn[ional Festivpls & Events Associotion Gald Plnnocfe Award Best New Promation/FOCeboakTwitterCampoigrt, 2009 GoldVinnode for Best Press Kic Winner of the [olfest Celebration Awardfor Best Event Morketing Campaigry 2006, 200], 2008, 2009,1030. 2010 Besf New Ideo/SOCial Medio Compnrgn, Celebration Award. 21705 Como Street " Wildamar " California 92595 Phone "(951) 252-5649 (951) 678-1456 " Fax (951) 678-5467 E-mail MeloCy@temeculacalifomia.com - Website�. www.Temeculacalifomia.com EXHIBIT B Budget ia m C O C � N � 0 c N a ? > = - 'y 0 � . c � m �I� ,. m � � p I I -�, N .. .`�-� �° w'° .-�i I m °� 1� w''� o" m o� t � H a � R M i y� N y'� O N M L V�y � � N N N L�' O N O� �o � m � ~ � Z � � �. _ I ^—_ . I , - � - - � � � � W � n .-� er 00 O � H T. p, 3 �D � � V C b� � M fl ' rJ � C � v a ' u �j o�'� m q y �i O m N t0 Y V O N� t V� N C O'i > N >> O N Z~`�� C M N Z ey O � ^ -' I a — -- — — -- — -- I I ? W� I ? N �� O N N ti � W O a r'� a O M C M tZ{ u1 �y p, � r o �> �' w O � ob � .`i-� .°i �' w ^� ^ v O a�c n v n j'i c v � I o Y, � � � I m I c ° v rv.�-� a � w NI O C� 0 O A A p N � W � � Z � � Z � F Q I _ —_ �—. . _ — . .. � — � � C m `0 ` � y d O ' N 'C N \ W I a � � a�0 LL E o �`m n c � a all� `w I 3 w a �� c�n y �� > N ° E`v' a u a Y � O��y '�ccc c '�� ^'a w o t i 5 o w u� '^ a a a m 'o � s o v� Z� i o ?� a a � ' a' m w �� v a m� v � m>'^ O � c � I S w �01o�mo I>miav y �3o�I5aa � rvc x i �,, o m�� a. � > v w > w.c w m m >I �>�, v v , m �� 1 N u>�> �i Y L C'O �� Y Y d Y u" ? I a � v m C � T u w '.`i a ° I C ^+ m � a m 0 3 xl' LL� x c N �'�il�'. �i w �.'- a 3 ° v Y�in 3 3 v 3 > i. a'LL 3 LL, rrv i ti 3 w u rv I�`n m` v¢ I u n u rv v��`n .=i .-�'i z � _ . . . � . G . c - -- Y . y I I F q •� 6 �+ v_ v � F E g q O o' o Z - y v a `o c 7 .Y �� I U q IL '�+ � �� i R O Z W in LL j N v L �a+ � LL A 0 d C� C N � O W�ds�� N= -� v 5 v > zY �> a. i�u r�° °° ^ N I ._ 3 c ?°� m u �'° v o F I� m r �� 2 � Z__. c ` �"' „� c u+ 3 c °z E 5 �� 3 �' d c�� . « Y v`� 0 5 � � >� ��`°1' o � a � c O > � e d z , d � o N ' � ', �i � `m m = _ `a i� i ¢ a i qf' � v>mmd �p oiu upvaa �E o��v�� > <<�a v a =°= E� o� C 2= � u > 6 N!O � N G fLl� u Q Y F�I� F C Sl U 2010-11 City of Tameclua Old Town Event Budget i sall.ts SuM�lpr Ewn4R%O�S�BTOTAL acWal RocommmE � �PTE EVEM EXPENSES 20H tU-it Ncwele �uetoloele I eE I 30Nfl3 JWy BSeptember 2. � 20'N IHOtSummeWighAdvertising__ 15000 14380 79400 IPOS�agelEntertain, �enterlainment ��.contrads,press '�.releases, part of atl butlget IEntertainment 24000 27060 2�000 ' �iFecilities 3500 t122 15001 �N 750 294 350�I � �� eventtoWl 43250� 43250 42856 42856 43Y501 43250 . . . . . __ . . .... —_ ".. 07-OCt OwltShow permi�s_ 300 0 - 300i ___- . .- — _ — _. October3,2009bAdve 2000 1620 2�00 Quilters Guild renlals 750 d30 150 . :. — ___ _. _ eventmtal 3050 3050 2050 2050 3060 3050 _ _ — Novemar23,207�,Jenl� � 2, 201R ' '�AdveRising 11500 11516 12000 _ Postage �Santa Arrival Fritl� Faciftieslrentals 2500 8]0 1200 Weekends t�ur 12I18 plus 12/19, .antl12/20 .Entettainment 13000 13803 13500 ;antlero. photo cartls 1150 105fi23 1500 i( Chair) house refresl 250 52 300 i . — ___ . . . . — . �,postage -�� rinkFlyers 1500 1500 1500 '',Decor 500 487 500 � EVENT TOTAI 31000 31000 29284.23 29284.23 30500 30500 ICE RINK NEW VEARS 8 Chtlstmas atldon I _ — TFadiitieslrentals 2500 1988 2000f �Entertainm - fi000 6526 6650I . _.. _' — _._ !qrape 250 285 fi00� � EVENT e]50 B]50 8]99 8799 9I50 9250 _ —_— Maro� 78-08, Y072 Blue� rass FestivaAtivertising 3250 3250 �POStage.press releases, �entertainer .contrects, patl of _ �'�atl butlget � '.Facilitieslouftlaor ]500 6550 6500 � �,Facililies'cityownetl _ IHatelsforenletlaine 2200 22�0 2200 �IHOSpitalltylice,water 200 200 200 IEnterta 17000 1]150 18000 _. ISecurity 7000 7000 1000 EVENT TOTAL 31t50 31150 31150 31150 — _ --"' ._ — __" May 19 & 20, 2072 We6tem Days_ Advertisinq 2500 2000 2500 —� Postage,press releases, ��en�ertainer ��canhacts, '�applications, part of � ativertising butlget _ �'Regisration chili c 350 I 350 350 � � �Entertainment 52�0 4760 5200 I _ � �Facilities 1800 � 2851 t800 I I 2010-11 C@y of Temeclua Old Town Event Budget � ChiG Cookoff Prizes I I ��.(supplies, cups, � - � .spoons,napkins, I !sanlwipes, water - �.forcookoff�taken �from f2cili�ies butl9et) _ . �'EVentPertnit 250 I 250 250 EVENTTOTAL 74100 10100� 10100 70100 _ .. .. . _ . ... ._ JuneY2-Y0,201Y $VcetpamlingFe[Advenising 4000 I I 1350 4350� Postage, Press l �releases, i �.entertainer bontrects. �applications, patl of �,aEvetlisingUVdge� I jEn�ertalnment 2250_ j_ 2650 950� $upplies, chalk, water,papertowels 1500 1450 7650 IPacilities 2500 1600 1500 ! 103501 10350 10250 EVENTTOTA� � I � � 10250 — ... - - I - — � 13]SSO�� 13W402I 737550 � —_ — WNleis butlgeted subtotal � - I I - _I J Yellow is prole�d from budget i ,__ I , _ Green is actuals to tlate ', � � Melotl 's Retainer � I � $39,]00 426]9 RDA DEPARTMENTAL REPORT Item No. 17 Approvals City Attorney 5 �� Director of Finance City Manager � TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: May 24, 2011 SUBJECT: Redevelopment Department February Monthly Report RECOMMENDATION: Receive and file. REDEVELOPMENT Temecula Vallev Convention and Visitors Bureau Lease of Commercial Space in the Old Town Parkinq Garaqe - The Agency and the Temecula Valley Convention and Visitors Bureau have executed an Office Lease for commercial space in the Old Town Parking Garage. The Convention and Visitor's Bureau is currently in the process of working with the architect of the Civic Center project to design the tenant improvements. The improvements were complete February 28, 2011 and CONVIS moved in on March 1, 2011. Town Square Market Place - As part of the Civic Center Master Plan, the City has created a development opportunity for approximately 52,000 square feet of commercial and office space surrounding the Town Square along the reconfigured Main Street. The Agency issued a Request for Interest to select a preferred development partner. On August 26, 2008, the City Council entered into an Exclusive Negotiating Agreement (ENA) with Pelican Properties to develop the project. Pelican has participated in several meetings with Old Town stakeholders and adjacent property owners. They have worked closely with Staff on site planning issues. On January 22, 2009 the Executive Director granted a three-month extension to the Exclusive Negotiating Agreement which expires on May 26, 2009. Due to the state of the economy Staff recommended the Agency extend the ENA an additional six months. On May 26, 2009 Agency Board approved a six (6) month extension to the ENA. Agency Staff inet with the Agency sub- committee in February 2010 and received direction to take an extension of one year with the possibility of an additional one year administrative extension which the Agency approved on March 9, 2010. Due to Pelican Property's lack of progress on the project the Agency allowed the ENA to expire in February. Agency staff anticipates going out with a new solicitation of interest in an attempt to identify a preferred developer in which to enter into a ground lease for the future development of the Town Square Marketplace. Facade Improvement Proaram - The Fa�ade Improvement Program provides funding assistance to Old Town business and property owners to provide exterior improvements to their buildings and property. Funding in the amount of $80,000 is available during FY 2010-2011. As of July 1, 2010, the Agency began accepting applications for the program. Currently, funding for the following projects is in process: • Temecula Stampede — Exterior Repairs and Paint • Emporium Center — Exterior Fa�ade Renovation Additionally, in January 2011, the Agency transferred $66,802 from the Fa�ade Improvement budget line item to fund the Agency's obligation under the Owner Participation Agreement (OPA) between the Agency and Abbott. HOUSING 3'' and Front Street Development - On February 22, 2011 the Agency board approved the Owner Participation Agreement between the Agency and Front Street Plaza Partners Inc for the development of a 25-unit affordable housing development at the southwest corner of Old Town Front Street and 3'' Street. OF the 25 units in the proposed development, 23 will be restricted at affordable rents for 55 years. The remaining 2 units will be rented at market rate rents. The development itself is to include restaurant space on the ground floor with office and residential space on floors two through four. Plans call for a gated garage that would provide a total of 25 parking spaces, or one space per residential unit. Agency funding for this development will come at the completion of the project. The developer is currently working to relocate existing tenants and is scheduled to close escrow on the property by the end of April. AMCAL Puiol Apartments - On February 22, 2011 the Agency board approved the Owner Participation and Grant Agreement between the Agency and AMCAL Pujol Fund L.P. for the development of a 45-unit affordable housing development on the west side of Pujol Street between Main Street and First Street. The plans call for the development of 45 affordable units on 1.5 acres. The site will include a parking garage with two designated spots per residential unit. The units themselves will consist of a mix of two and three bedroom units. Additionally the site will include a pool and community room. The Developer is currently working to close escrow on a portion of the property. The developer is also in the process of preparing their Tax Credit Application which is due in August. R.C. Hobbs Exclusive Neaotiatina Aareement - The R.C. Hobbs Company approached the Agency regarding the possible development of mixed income affordable housing on vacant Agency owned property located at 28640 Pujol Street. Considering Hobbs' background and recent Staff experience working with the organization, Staff felt that Hobbs would be a quality partner on an affordable housing development at the aforementioned location. Hobbs requested that the Agency and Hobbs enter into an ENA with a one-year term with a potential six month extension by written approval of the Executive Director. The Agency approved the ENA at its February 9, 2010 meeting. An appraisal for the subject property was commissioned by the Agency and completed on June 24, 2010. The Agency and R.C. Hobbs continue to negotiate potential development on the subject site. On February 7, 2011, R.C. Hobbs requested that the provision of the ENA that allows for a administrative extension of up to 6 months be exercised. The Executive Director of the Agency approved this extension and the ENA has been extended to August 9, 2011 First Time Homebuvers Proqram - On July 22, 2008, the City Council approved an amendment to increase the loan amount for down payment assistance from $24,000 to $65,000. This down payment assistance allows qualifying households to purchase homes in the $200,000-$300,000 price range. The program budget for FY 2010/2011 is $1,000,000. As of July 1, 2010, the Agency began accepting applications. Currently, two loans for a total amount of $90,800 have been funded for this fiscal year. Additionally, in January 2011, the Agency transferred $850,000 from the First Time Homebuyers budgeted line item to ensure adequate funding of two potential affordable housing developments this fiscal year (2010-2011). Summerhouse - The Agency negotiated an Owner Participation Agreement ("OPA") with Summerhouse Housing Partners L.P for the purchase and development of the Summerhouse community. The Agency Board approved the OPA on September 22, 2009. The OPA terms require the development of 70 affordable units at very-low income, 20 units at moderate income, and 20 units at senior affordable income, for a total of 110 affordable units. The terms of this agreement place affordability restrictions on the property for 55 years. Immediately following the close of escrow, Summerhouse Housing Partners L.P. began the clean-up and restoration of the site. A Development Plan has been approved by the City and construction of the 20 units is complete. The Agency processed the Notice of Completion and leasing of the 20 units is underway. The Developer and Agency recently executed a third and fourth amendment to the Owner Participation Agreement which provided for the splitting from two phases into three and reallocating part of the Agency's contribution from phase 3 into phase 2. Neither of the amendments changed to the total amount of Agency contribution from that which was originally approved by the City Council on September 22, 2009. Diaz Road Request for Interest - The Agency issued a Request for Interest to select a preferred buyer for the 30-acre site located on Diaz Road. Two firms responded. The Agency is currently reviewing the submittals and is anticipating meeting with potential buyers in May. Once a buyer is selected it is anticipated that the Agency and buyer will enter into a Purchase and Sale Agreement with an escrow period of 60-90 days. Residential Improvement Proqram - The Residential Improvement Program (RIP) provides funding assistance to low and moderate income level homeowners to do exterior improvements to their home and property. The program budget for FY 2010/2011 is $200,000. The Agency began taking applications for the program July 1, 2010. Currently, all $200,000 budgeted for the Program has been allocated to 31 residences approved for participation. Supportive Housina/Services - The Agency, in collaboration with the Temecula Housing Authority, intends to continue to serve the needs of the low and moderate income households and individuals by continuing to construct affordable housing units within the City. In addition to its efforts to construct new units, the Agency also intends to provide Supportive Services to assist moderate, low, very low and extremely income households and individuals within the community. Supportive Services will include, providing housing, food, clothing, counseling, health care and day care services, among other services, to assist these families and individuals. In order to achieve this, a number of specific action steps have been identified to meet the needs of these populations. The recommended action steps were approved by City Council on May 10, 2011. COUNCIL BUSINESS Item No. 18 Approvals City Attorney 5 Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: May 24, 2011 SUBJECT: An Interim Urgency Ordinance for a Citywide moratorium on the approval of Conditional Use Permits for businesses to sell alcoholic beverages for off sale consumption (LR11-0007) PREPARED BY: Cheryl Kitzerow, Associate Planner RECOMMENDATION: That the City Council: 1. Adopt an interim urgency ordinance entitled: URGENCY ORDINANCE NO. U- AN INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA SUMMARYOFORDINANCE: ThisUrgencyOrdinancewouldbecomeeffectiveimmediately and would implement a Citywide moratorium on the approval of Conditional Use Permits (CUP) for businesses to sell alcoholic beverages for off sale consumption, when such CUP is required. The initial time period for the moratorium is 45 days, which would provide staff time to prepare studies as may be required to determine the appropriate locations in the City for Off Sale Alcohol CUP Businesses and to determine whether additional regulations should be imposed upon these businesses or whether these businesses should be prohibited in certain areas of the City. In addition, staff will determine if additional regulations should be imposed upon Off Sale Alcohol CUP Businesses to reduce their detrimental impacts license approval on public peace, health and safety and report these findings to the City Council at a public hearing. BACKGROUND: Planning staff is processing Planning Application No. PA11-0010, a Minor Conditional Use Permitto upgrade from an Alcohol Beverage Control (ABC) Type 20 License (Off-sale Beer and Wine) to a Type 21 License (Off-sale General Liquor) for Stop Quick Mini Mart located at 29762 Rancho California Road. On April 6, 2011, staff presented the request to the Planning Commission with a recommendation for denial. This recommendation was based on previous determinations and long-standing policy. Historically, the City has not supported the issuance of Type 21 licenses to gas stations or small convenience stores as they are typically incompatible with surrounding land uses and have the potential for increased crime related incidents. As records indicate, the majority of Type 21 licenses were permitted for large, chain grocery stores and a large pharmacy. Since 2002, for uses that require a Conditional Use Permit (and have a Type 21 license), there were onlytwo CUP requests approved for businesses thatwere not grocery/department stores or pharmacies. These permits were for Barno's Liquor (PA10-0063) and Melano's Liquor (PA10-0168), which were requests for a transfer of existing licenses to new locations. Both establishments held their Type 21 ABC licenses prior to the City's incorporation. More recently, on April 11, 2011, staff issued a business license to Pete's Market to open as a convenience market with a Type 21 ABC license (transferred from outside the City limits) in Melano Liquor's Jefferson Avenue location. Pursuant to Section 17.03.070.F ofthe Development Code, this was permitted as a legal non-conforming use since Pete's Marketwill occupythe space before the 6 month expiration of the legal non-conformity that Melano's Liquor had been operating under. At its April 6, 2011 meeting, the Planning Commission continued Planning Application No. PA11- 0010 to allow time to review information provided bythe applicant. On April 20, 2011, the Planning Commission approved the CUP request and directed staff to prepare a resolution and conditions of approval for adoption at the May 4, 2011 Planning Commission meeting. Much of the Commission discussion related to the unwritten City policy. Subsequent to the April 20, 2011 hearing, Commissioner Harter requested the Planning Commission reconsider their previous decision to allow the Council the opportunity to clarify the City's policy regarding alcohol beverage sales. On May 4, 2011, the Planning Commission voted to continue PA11-0010 off-calendar to allow the Council time to provide specific direction on their policy regarding Type 21 Licenses. Temecula Municipal Code Section 17.10.020.B.2 provides that grocery stores, drug stores and discount/department stores may offer the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted. Section 17.10.020.B.2. further provides that all other businesses or establishments offering the incidental sale of alcoholic beverages, in conjunction with an otherwise allowable use, shall also require a conditional permit. Ordinance No. 05-05 also included required findings for liquor stores and minimum distance between businesses that require a conditional use permitto sell alcoholic beverages and public schools, parks, playgrounds, and churches. Under the City's current Municipal Code regulations for conditional use permits for businesses or establishments offering the incidental sale of alcoholic beverages for consumption off the licensed premises or "off-sale consumption." The concern has been that such businesses may be located within areas of the City which are inappropriate and incompatible with surrounding land uses and have the potential of increased crime related incidents. With the approval of the UrgencyOrdinance staff can study the issue further and return to the Council with amendments to the Development Code providing appropriate zoning standards and locations for these uses. FISCAL IMPACT: None. ATTACHMENTS: Ordinance URGENCY ORDINANCE NO. U- AN INTERIM ORDINANCE OF THE CITY OF TEMECULA PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858 IMPOSING A MORATORIUM UPON THE APPROVAL OF CONDITIONAL USE PERMITS FOR BUSINESSES REQUIRING CONDITIONAL USE PERMITS TO SELL ALCOHOLIC BEVERAGES FOR OFF SALE CONSUMPTION IN THE CITY OF TEMECULA THE CITY COUNCIL OF THE CITY OF TEMECULA ORDAINS AS FOLLOWS: SECTION 1. Leaislative findinas. The City Council of the City of Temecula hereby makes the following findings in support of this interim ordinance: A. On May 24, 2005, the City Council of the City of Temecula ("City") adopted Ordinance No. 05-05, amending the Temecula Municipal Code to require that certain businesses obtain a conditional use permit in order to sell alcoholic beverages on the premises. B. Ordinance No. 05-05 amended Temecula Municipal Code Section 17.10.020.B.2 to provide that grocery stores, drug stores and discount/department stores may offer the incidental sale of alcoholic beverages in conjunction with an otherwise allowable use as a permitted use, unless such primary uses are otherwise conditionally permitted. Section 17.10.020.B.2. further provides that all other businesses or establishments offering the incidental sale of alcoholic beverages, in conjunction with an otherwise allowable use, shall also require a conditional permit. C. Ordinance No. 05-05 also included required findings for liquor stores and minimum distance between businesses that require a conditional use permit to sell alcoholic beverages and public schools, parks, playgrounds, and churches. D. The City Council is concerned that under the City's current Municipal Code regulations for conditional use permits for businesses or establishments offering the incidental sale of alcoholic beverages for consumption off the licensed premises or "off-sale consumption" (such a business shall hereinafter be referred to as an "Off-Sale Alcohol CUP Business"), such businesses may be located within areas of the City which are inappropriate for such uses. E. Under state law, the City may adopt an interim ordinance that imposes a temporary moratorium on the approval of applications while contemplated zoning and permitting proposals are being considered. Pursuant to California Government Code Section 65858(a), this urgency interim ordinance must be adopted by not less than a four-fifths vote of this City Council and will be in effect for forty-five (45) days from its adoption. The City Council may consider extension of this interim ordinance, pursuant to all legal requirements, if necessary. 1 F. The City Council finds that, in order to best protect the public health, safety, and welfare, it is necessary for the City to commence immediately such studies as may be required to determine the appropriate locations in the City for such Off-Sale Alcohol CUP Businesses and to determine whether additional regulations should be imposed upon Off-Sale Alcohol CUP Businesses or whether Off-Sale Alcohol CUP Businesses should be prohibited in certain areas of the City. In addition, the City Council desires that studies be commenced to determine if additional regulations should be imposed upon Off-Sale Alcohol CUP Businesses to reduce their detrimental impacts. G. To accomplish this, the City Council intends to impose, on an urgency basis, a temporary moratorium on the approval and issuance of conditional use permits for Off-Sale Alcohol CUP Businesses so that City staff, the City Council, and the citizens of the City of Temecula will have sufficient time to consider studies and a potential ordinance regulating Off-Sale Alcohol CUP Businesses. H. Pending the completion of the studies referenced in Paragraph F above, the City Council finds that it is necessary that this interim ordinance take effect immediately. There is a current and immediate threat to public health, safety and welfare, because without this urgency ordinance, new Off-Sale Alcohol CUP Businesses may be established in the City, so as to conflict with regulations or requirements ultimately adopted with respect to those facilities or uses. Without this urgency ordinance, Off-Sale Alcohol CUP Businesses could have the following effects: (1) Create or exacerbate undue concentrations of businesses that sell alcohol within the City; (2) Create or exacerbate nuisance activities or other disturbances of the peace associated with Off-Sale Alcohol CUP Businesses, such as loitering, littering, reckless driving, violent assaults or other disturbances of the peace; (3) Create operational conflicts with other land use or facilities authorized or existing in the neighborhood; or (4) Deteriorate the quality of life in a particular community or neighborhood. I. For the reasons specified in Section 1 of this interim ordinance and all the evidence in the record, the City Council finds that there is a current and immediate threat to the public health, safety and welfare caused by the proliferation of Off-Sale Alcohol CUP Businesses in the City, and that the approval of conditional use permits for Off-Sale Alcohol CUP Businesses would constitute a current and immediate threat to the public health, safety and welfare of the residents of the City. SECTION 2 Adoption as Urqencv Interim Zoninq Ordinance This interim ordinance is adopted as an urgency interim zoning ordinance pursuant to the provisions of Government Code Sections 36934, 36937 and 65858(a), and shall be effective immediately upon its adoption. Based upon the findings set forth in Section 1 of this interim ordinance, the City Council finds and determines that the adoption of this interim 2 ordinance as an urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the requirements of Government Code Sections 36934 and 36937, and is necessary to protect the public safety, health, and welfare pursuant to the requirements of Government Code Section 65858(a). SECTION 3. Moratorium established. The City of Temecula hereby establishes an interim moratorium on the approval and issuance of conditional use permits for those businesses or establishments offering the incidental of alcoholic beverages for off-sale consumption in conjunction with an otherwise allowable use and requiring a conditional use permit, pursuant to Section 17.10.020.B of the Temecula Municipal Code. SECTION 4. Moratorium defined. Notwithstanding any other ordinance or provision of the Temecula Municipal Code, no application for a conditional use permit, site plan review, building permit, or any other entitlement for the establishment of an Off-Sale Alcohol CUP Business shall be approved during the term of the moratorium specified in Section 5 of this interim ordinance. SECTION 5 . Moratorium term This interim ordinance shall take effect immediately upon adoption, and this interim ordinance shall expire, and the moratorium established hereby shall terminate, forty-five (45) days after the date of its adoption, unless extended by the City Council at a regularly noticed public hearing pursuant to California Government Code Section 65858. SECTION 6. The provisions of this interim ordinance shall not apply to a restaurant, grocery store, drug store, discount/department store or any other business or establishment that does not require a conditional use permit in order to sell alcoholic beverages, pursuant to Section 17.10.020.B of the Temecula Municipal Code and pursuant to Title 17 (Zoning) of the Temecula Municipal Code. SECTION 7. CEQA Findinq. The City Council hereby finds, in the exercise of its independent judgment and analysis, that this interim ordinance is exempt from the California Environmental Quality Act of 1970 ("CEQA"), as amended, because it can be seen with certainty that this urgency ordinance has no likelihood of causing a significant negative effect on the environment and accordingly both the City Council's action of adopting this interim ordinance and the effects derivative from that adoption are exempt from the application of the CEQA, pursuant to Section 15061(b)(3) of the State CEQA Guidelines (14 Cal. Code Regs. § 15061(b)(3)). The moratorium will temporarily prohibit businesses that seek conditional use permits to sell alcohol for off-sale consumption, and will thereby serve to reduce potential significant adverse environmental impacts. The City Council further finds, in the exercise of its independent judgment and analysis, that the adoption of this urgency ordinance is exempt from CEQA, pursuant to Section 15060(c)(2) of the State CEQA Guidelines (14 Cal. Code Regs. § 15060(c)(2)), because it will not result in a direct or reasonably foreseeable indirect physical change in the environment. These findings are premised on the fact that the adoption of this urgency interim ordinance will maintain the current environmental conditions arising from the current land use regulatory structure as 3 adopted by the City without change or alteration. A Notice of Exemption has been completed in compliance with CEQA and CEQA Guidelines. SECTION 8. Severabilitv. If any section, subsection, clause or phrase of this interim ordinance is for any reason held to be unconstitutional, or otherwise invalid, such decision shall not affect the validity of the remaining sections of this interim ordinance. The City Council hereby declares that it would have passed this interim ordinance and each section, subsection, clause and phrase thereof irrespective of the fact that any one or more other sections, subsections, clauses, or phrases be declared invalid. SECTION 9. Planninq Studies. City staff shall promptly commence the studies they may deem necessary and appropriate to make a recommendation to this City Council regarding the structuring of zoning and other necessary regulatory controls over Off-Sale Alcohol CUP Businesses within the City of Temecula. Pursuant to Government Code Section 65858(d), City staff shall prepare and submit for City Council adoption, at least ten (10) days prior to the expiration of this interim ordinance, or any extension hereof, a written report describing the measures taken to alleviate the conditions which led to the adoption of this interim ordinance. SECTION 10. Extension of Time. The Director of Planning and the City Clerk's office shall undertake all actions legally necessary to extend this interim ordinance in the event the studies and reports desired by this City Council will not be concluded on or before the forty-fifth (45th) day subsequent to the adoption of this interim ordinance. SECTION 11 . Effective Date This interim ordinance shall take effect immediately upon its passage. It shall be of no further force or effect 45 days from the date of adoption unless extended following a public hearing, as provided in Government Code Section 65858. 4 PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this day of , . Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC City Clerk [SEAL] STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. - was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the day of and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the day of , , the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Susan W. Jones, MMC City Clerk 5 DEPARTMENTAL REPORTS Item No. 19 Approvals City Attorney 5 �� Director of Finance City Manager �} ��-�C.� CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: May 24, 2011 SUBJECT: April Monthly Report The following are the recent highlights for the Planning Division of the Community Development Department for the month of April, 2011. CURRENT PLANNING ACTIVITIES New Cases The Division received 93 new applications for administrative, other minor cases, and home occupations including 37 applications for public hearings during the month of April. Special Proiects & Lonq Ranqe Planninq Activities The Long Range Planning Division commits work efforts toward larger scale and longer time frame projects for both private and public purposes. These activities can range from a relatively simple ordinance or environmental review to a new specific plan or a general plan amendment. Some of the major special projects and long range planning activities currently in progress are described in the paragraphs below: ■ Temecula Regional Hospital — This project was approved by the City Council on January 22, 2008. On December 30, 2009 the applicant submitted an application for a one year extension of time and Council approved this extension on January 26, 2010, extending the approval until January 22, 2011. The applicant submitted a Major Modification application on June 18, 2010, to reduce the number of hospital beds in the first phase from 178 beds to 140 beds and to change the construction of the building from concrete to framed construction. The Planning Commission recommended that the City Council approve the Major Modification application on December 15, 2010 and City Council approved the Modification application on February 8, 2011. The applicant has submitted permit applications to the Regional Water Quality Control Board, Army Corps, and the California Department of Fish and Game and is currently seeking environmental clearances from these agencies as required for release of their grading permit. Staff is also currently reviewing traffic control plans for the grading phase of the project. (FISK) • The Green House Gas (GHG) Emissions Inventory—The Green TAC selected 2007 as the base year for GHG emissions inventory analysis. Two inventories were prepared: 1) a municipal operations inventory and, 2) a communitywide inventory. The next steps are to select a target emission reduction and identify implementation measures thatwill achieve the selected target. The Green TAC established a test target of 15 percent below the 2007 base year. Staff is currently reviewing potential reduction measures to see if a 15 percent reduction in GHG emissions below baseline is feasible. (WEST) • Residential Energy Efficiency Loan Program — The Residential Energy Efficiency Loan Program makes low interest loans available to low and moderate income homeowners to make energy efficient improvements to their homes. The Program allows for specific types of energy efficiency improvements based on the year of construction, which coincides with the changes to EnergyCodes of the California Building Standards. The Residential Energy Efficiency Program will work in conjunction with the Redevelopment Agency Residential Improvement Program, which offers forgivable loans for qualifying interior and exterior home improvements. The program was approved bythe City Council on September 14, 2010 and staff began accepting applications on January 1, 2011. Two applications are currently being processed for loan funding for this fiscal year. (WEST/SCHUMA) • Liberty Quarry Draft Environmental Impact Report — The County of Riverside released the Draft Environmental Impact Reportfor Granite Construction's LibertyQuarrySurface Mining Permit, Change of Zone, and Noise Ordinance Exception. The project is a 75-year land use permit for a rock quarry and associated aggregate processing facilities, hot mix asphalt plant, ready mix concrete plant, concrete and asphalt recycling facility, administration and employee buildings, a maintenance facilitywith diesel, gas and propane tanks, watertanks, natural gas fuel engines for electric power generation, water and gas lines, truck scales, and truck and equipment parking areas within a 414 acre-site located adjacent to the City's southern boundary within the County of Riverside. The City reviewed the Draft Environmental Impact Report and provided comments to the County of Riverside on November 23, 2009. Despite voluminous comments on the DEIR received bythe Countyon the project, the Riverside County Planning staff determined that redrafting/recirculation of the LibertyQuarry Surface Mining Permit Draft Environmental Impact Report is not required. As a result, the County alternatively released responses to comments with its proposed Final EIR on March 24, 2011. A Staff Report was released thereafter recommending approval to the Planning Commission of the project and certification of the EIR. The City Attorney responded with written comments on April 26, 2011. The County of Riverside commenced Planning Commission hearings on Liberty Quarry on Tuesday, April 26, 2011 and Tuesday May 3, 2011 at Rancho Community Church in Temecula. The Mayor and all City Council Members spoke in opposition of the project and three Citystaff inembers further addressed traffic, hydrology/water run-off and noise concerns. The next hearing is scheduled June 22, 2011 and is anticipated to complete all public testimony. The County Planning Commission has expressed its desire to hear an organized approach of opposition experts to address environmental concerns that the proponenYs experts will also address. The logistics have of expert testimony has not been worked out entirely. The City is collaborating opposition efforts in common defense together with Pechanga, SDSU, SOS, and the Endangered Habitat League and, based upon views expressed by the Planning Commissioners, it is anticipated a scheduled block of time for expert testimony will be scheduled following the conclusion of June 22, 2011 public testimony speakers. (JOHNSON/RICHARDSON/ LOWREY) Jefferson Corridor Specific Plan —Staff is studying the Jefferson Avenue Corridorto create a Specific Plan for the area. The boundaries of the Jefferson Avenue Corridor are preliminarily defined to include all properties north of Rancho California Road, east of Diaz, south of the Murrieta City boundary and west of Interstate 15. In June, approximately 15 representatives of the Urban Land Institute (ULI) togetherwith City Staff conducted a tour of the Jefferson Corridor. The ULI Technical Advisory Panel consists of design, architectural, engineering, retail, and planning experts and provided the Citywith an outside expert review of the Jefferson Avenue Corridor with land use recommendations. The ULI Technical Advisory Panel (TAP) held a one day planning summit in the Council Chambers on June 23, 2010, and shared theirfindings and recommendations with Citystaff. On September23, the recommendations from the ULI Technical Advisory Panel were presented at a ULI Transit Oriented Development conference in Anaheim. This conference was intended to highlight the planning efforts being made throughout California in relation to the future high speed rail that will eventually connect San Diego to San Francisco. The City of Temecula was recognized, along with two other cities (San Diego and San Jose), for its future transportation planning efforts and ULI TAP process. Since the future high speed rail station will be located to the north of the Temecula boundary in Murrieta, the ULI TAP process provided a case study for a"station adjacenY' community and focused on how future land use planning efforts within the Jefferson Avenue Corridorwill take advantage ofthe proximity to the future high speed rail station. The ULI TAP recommendations have provided valuable information from a group of outstanding and diverse professionals. The recommendations from the studywill set the foundation as the City embarks on our own planning effort for the Jefferson Avenue Corridor. Staff is currently finalizing an Existing Conditions Summary Report for the project study area. This report will outline baseline information, including existing zoning and land uses, existing businesses, building square footages and development intensity, historic structures, parcel sizes, property ownership, existing and future planned roadway circulation, roadwaycapacityand existing traffic volumes, impacts of the French Valley Interchange on the corridor, existing transit routes and transit stops, existing sidewalk conditions, and existing and proposed Murrieta Creek trail improvements within the corridor. On January 11, 2011 the City Council established the Jefferson Corridor Ad Hoc Committee. Staff is currently preparing for the first meeting with the Jefferson Corridor Ad Hoc Committee to obtain direction before starting the public outreach and visioning process for the future specific plan. (RICHARDSON/ WATSON/WEST/INNES/LOWREY) • SCAG 2012 Regional Transportation Plan — The update to the Southern California Association of Governments (SCAG) 2012 Regional Transportation Plan (RTP) is underway. The RTP includes a Sustainable Communities Strategy (SCS), which is a new componentto the RTP as a result of the passage of SB 375. Staff has provided land use, employment and population data to SCAG and the County of Riverside Center for Demographic Research to establish Base Year Conditions and General Plan Based Growth Forecast/Distribution and land use for years 2020 and 2035. Staff also attended the SCAG SB 375 workshop on February 17, 2011 to discuss data needed from the City. Staff will be using SCAG's Local Sustainability Planning Tool and providing SCAG with land use and transportation strategies integral to developing the SCS. The Regional Transportation Plan, including the SCS, is scheduled to be adopted by SCAG by November 2012. (WEST) • Caltrans Community Based Transportation Planning Grant — The City of Temecula was awarded $248,200 from Caltrans for a Community Based Transportation Planning grant. This grant will fund a multi-jurisdictional transportation corridor planning effort for the Jefferson Avenue Corridor. The City of Temecula is the lead agency and primary recipient of the grantfunding. WRCOG is a sub-recipient forthe purposes of administering the grant. The City of Murrieta, City of Wildomar and City of Lake Elsinore are grant participants. The Jefferson Avenue Corridor is a 16-mile central north/south arterial that parallels the west side of Interstate 15. The planning effort will promote public engagement, livable communities, and will address mobility, access and safety along the Jefferson Avenue Corridor. As a part of this effort, the City of Temecula will analyze affordable housing opportunities, and the opportunities and impacts of increased intensity and density, mixed- use development and impacts and opportunities related to the transportation network. The final product emerging as a result of this grant will be a"Multi-Jurisdictional Corridor Plan for the Jefferson Corridor" which is a 20-yeartransportation plan forthe Jefferson Corridor. The Caltrans Community Based Transportation Planning grant is anticipated to complementthe ULI Technical Advisory Panel study completed for the Jefferson Avenue Corridor which focuses on future land use and transportation planning efforts related to the high speed rail alignment through the City of Temecula. (WATSON/WEST/INNES/LOWREY) • SCAG Compass Blueprint Demonstration Project Grant for the Jefferson Corridor Specific Plan Visioning and Public Outreach Process-The Cityof Temecula was awarded a Compass Blueprint Demonstration Project grant by SCAG in February2011. The objective ofthe grant is to establish a vision for the future of the Jefferson Corridor area through public outreach and an extensive visioning process. The visioning process is intended to promote SCAG's four key principles of livability, mobility, sustainability and prosperity and also focus on achieving the goals of SB 375. The future Jefferson Corridor Specific Plan area is intended to become a mixed-use, transit-oriented corridor and future planning efforts are intended to support the feasibility of the future High Speed Rail station that is slated to be located north of the specific plan area in the City of Murrieta. The visioning series will include 10 visioning workshops, a walking tour of the area, and a website dedicated to the visioning process and public outreach efforts. The Compass Blueprint Grant is intended to run in parallel with the Caltrans Community Based Transportation Planning Grant. SCAG released the Requestfor Proposals (RFP) on April 25, 2011. The RFP will close on May 23, 2011 and a consultant is expected to be selected and ready to start work around July 1, 2011. (WATSON/WEST/INNES/LOWREY) Planning Agenda Report 4/1/2011 through 4/30/2011 �, Recently Approved APN # • PA10-0052 Taste of Temecula Valley 92?360001 CHRISTINE DAMKO A Special Event Permit for "Taste of Temecula Valley" located in the Town Square on Sat. April 30, 2011 from 11:00 a.m. to 10:00 p.m. This event is a festival of food and entertainment designed to showcase local restaurants in the Temecula area with each restaurant serving samples and some larger portions. Wine will also be sampled. Live entertaimm�et will be provided. Event is a non-profit organized by the Temecula Foundation for Excellance in Education to raise funds to offset the losses to arts sciences and technology from budget shortfalls. Submitted Date Approved Date Feb 23 2010 Apr 20 2011 APN # • PA11-0035 Paseo del Sol Reserve MHC 955521004 CHERYL KITZEROW A Model Home Complex (Major Temporary Use Permit) to construct 3 model homes and associated parking lot on Lots 60 through 63 within Paseo del Sol Tract 24188-3, Standard Pacific Homes Reserve (PA10-0323), located at the southwest corner of Butterfield Stage Road and Pauba Road. Submitted Date Approved Date Feb 7 2011 Apr 4 2011 APN # • PA11 Cross Walk 910300014 CHRISTINE DAMKO A Special Event Permit for the Annual Crosswalk on April 22, 2011 from 11:00 a.m. to 3:00 p.m. starting at Temeku Cinemas in Palm Plaza and ending at Sam Hicks Park in Old Town. No formal street closures required. Submitted Date Approved Date Feb 10 2011 Apr 22 2011 APN # • PA11-0064 Crop WalkSpecial Event Permit 954020010 CHRISTINE DAMKO A Special Event Permit to allow the Temecula United Methodist Church to conduct a Crop Walk on April 16, 2011 between the hours of 8 am and 10 am. The walk will take place between Rancho Vista and Rancho California Road. • Submitted Date Approved Date Mar 14 2011 Apr 8 2011 APN # • PA11-0074 Rotary Club Bike Ride 2011 922073024 CHRISTINE DAMKO Special Event Permit for the Temecula Challenge, a bicycle ride to Wine Country and/or the San Diego area to take place on April 30, 2011 from 6:00 a.m. to 5:00 p.m., starting and ending at Bailys in Old Town. Submitted Date Approved Date Mar 28 2011 Apr 22 2011 APN # • PA11 -0�78 Old Town Corvette Show 922073024 CHRISTINE DAMKO A Special Event Permit for an Old Town Corvette Car Show in the south parking lot (Stampede Parking lot) on May 1, 2011 from 7:00 a.m. to 3:00 p.m. Submitted Date Approved Date 1of11 Planning Agenda Report 4/1/2011 through 4/30/2011 Apr 4 2011 Apr 28 2011 2of11 Planning Agenda Report 4/1/2011 through 4/30/2011 2, Scheduled for Hearing APN # • PA10-0309 Highgate Dev. Plan 944290025 ERIC JONES A two-phase Development Plan application for a three-story, 97,685 square foot senior congregate care facility featuring 99 units consisting of studio, one bedroom, and two bedroom apartments generally located on the southwest corner of Rancho California Road and Moraga Road (APN 944-290-026) Submitted Date Anticipated DRC Meeting Date Planning Commision Oct 21 2010 11/18/2010 May 18 2011 APN # • PA11-0072 Bratts Tapas Minor CUP 921320012 ERIC JONES A Minor Conditional Use Permit for Bratts Tapas and Cocktails to offer live entertainment and full alcohol (Type 47) at 27648 Ynez Road. Submitted Date Anticipated DRC Meeting Date Planning Commision Mar 24 2011 Jun 1 2011 3of11 Planning Agenda Report 4/1/2011 through 4/30/2011 3, New Submittals Pending DRC Meeting APN # • PA10 Simms TTM 945120001 ERIC JONES A Tentative Tract Map application to create 15 residential lots located approximately 1,500 feet east of Santiago and Ynez Road. Lots will range in size from 1.31 - 2.80 acres. Related Case PA10-0214. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD APN # • PA10-0214 Simms Zoning & GPA 945120001 ERIC JONES A Zoning Map and General Plan Land Use Map Amendment application. Current zoning and General Plan designation is Very Low Residential. Proposed zoning and General Plan designation is L-1 (Low Density Residential). The project is located approximately 1,500 east of the Santiago and Ynez Road intersection (related application PA10-0213) Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 14 2010 8/12/2010 TBD APN # • PA70-0226 Chaparral3 DP 922026041 CHERYL KITZEROW A Development Plan application for Chaparral 3, a 21,055 square foot, mixed use, three-story building with retail on the first floor and offices above at 28455 Old Town Front Street between Moreno Road and Sixth Street (APN: 922- 026-041). Associated with Variance request (PA11-0053) to reduce setback at northeast property corner and parking setback along western property line. Related Case PR08-0047. Submitted Date Anticipated DRC Meeting Date Hearing Planned Jul 23 2010 8/19/2010 TBD APN # • PA10-0297 Cycling Event 909370002 CHRISTINE DAMKO A Special Event Permit for a cycling event on March 6, 2011 from 7:00 a.m. to 4:30 p.m. located on a 1.3 mile circle around Diaz Road, Dendy Parkway and Remington Avenue. No formal street closures required. Submitted Date Anticipated DRC Meeting Date Hearing Planned Oct 13 2010 TBD APN # • PA11-0031 Rancho Highlands Maravilla MHC 944330001 CHERYL KITZEROW A Major Temporary Use Permit for a Model Home Complex at Maravilla (Rancho Highlands - PA10-0326) located along the west side of Rancho Highlands Drive, east of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 3 2011 TBD APN # • PA11 -�044 NewPath Networks (Node TM-15) 910330011 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install antenna facilities to an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-15) in the City of Temecula right-of-way on the south side of Winchester Road, approximately 600' east of Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD 4of11 Planning Agenda Report 4/1/2011 through 4/30/2011 APN # • PA11-0045 NewPath Networks (Node TM-21) 945050019 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-21) in the City of Temecula right-of-way on the north side of Margarita Road, approximately 340' east of Avenida Cima Del Sol. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0046 NewPath Netowrks (Node TM-25) 921612009 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-25) in the City of Temecula right-of-way on the south side of Solana Way, approximately 145' west of Via La Vida. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0047 NewPath Networks (Node TM-27) 921330052 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install antenna facilities to an existing joint use wood utiliry pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-27) in the City of Temecula right-of-way on the south side of Solana Way, approximately 200' east of centerline of Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0048 NewPath Networks (Node TM-29) 921202003 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-29) in the City of Temecula right-of-way on the south side of Solana Way, approximately 425' west of the centerline of Del Rey Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0049 NewPath Networks (Node TM-30) 919312004 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install antenna facilities to an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-30) in the City of Temecula right-of-way on the south side of Avenida Buena Suerte, approximately 575' east of Avenida Centenario. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD APN # • PA11-0050 NewPath Networks (Node TM-42) 921232001 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-42) in the City of Temecula right-of-way on the northwest side of Margarita Road, approximately 370' west of Avenida Barca. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 16 2011 TBD 5of11 Planning Agenda Report 4/1 /2011 through 4/30/2011 APN # � • PA11-0053 Chaparral3 Variance s22o2soa� CHERYL KITZEROW A Variance request for Chaparral 3(PA10-0226) to reduce the front setback from 10 feet to a variable setback that ranges from 18" to 4 feet; and to reduce the rear setback for parking from 40 feet to 24 feet and to allow a drive ailse within this setback area. Project site is located at 28455 Old Town Front S.treet. Submitted Date Anticipated DRC Meeting Date Hearing Planned Feb 25 2011 TBD APN # • PA11-0056 Margarita Crossings TPM 36369 921810033 CHERYL KITZEROW A Tentative Parcel Map No. 36369 to subdivide the Margarita Crossings shopping center from one existing lot into four lots for financing purposes. The project site is located at the southwest corner of Overland Drive and Margarita Road. Submitted Date Anticipated DRC Meeting Date Directors Hearing Mar 1 2011 Jun 9 2011 APN # • PA11-0101 Newpath Networks (Node TM-04) 945050019 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-04) in the City of Temecula right-of-way on the north side of Pauba Road, approximately 260' west of the Library entrance. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0102 Newpath Networks (Node TM-06) 955352003 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-06) in the City of Temecula right-of-way on the west side of Amarita Way, approximately 175' south of Via Rivas. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0103 Newpath Networks (Node TM-07) 955381002 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-07) in the City of Temecula right-of-way on the west side of Meadows Parkway, approximately 130' south of of the centerline of Corte Illora. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0104 Newpath Networks (Node TM-08) 959281053 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-08) in the City of Temecula right-of-way on the east side of Jerez Lane, approximately 105' north of the centerline of Sunny Meadows. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD 6of11 Planning Agenda Report 4/1/2011 through 4/30/2011 APN # • PA11-0105 Newpath Networks (Node TM-09) ss5oa0002 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-09) in the City of Temecula right-of-way on the east side of Butterfield Stage Road, approximately 185' south of the centerline of Royal Crest. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0106 Newpath Networks (Node TM-10) 965020013 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-10) in the City of Temecula right-of-way on the north side of Crown Hill Road, approximately 70' northwest of the centerline of Sage Court. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0107 Newpath Networks (Node TM-11) 955132057 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-11) in the City of Temecula right-of-way on the southwest corner of Pauba Road, approximately 146' west of the centerline of Meadows Parkway. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0108 Newpath Networks (Node TM-12) 955181040 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-12) in the City of Temecula right-of-way on the south side of Pauba Road, approximately 140' west of Via Rami. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD aPN # • PA11-0109 Newpath Networks (Node TM-13) 955040006 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-13) in the City of Temecula right-of-way on the east side of Rancho Vista Road, approximately 145' south of the centerline of Paseo Goleta. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0110 Newpath Networks (Node TM-14) s5sos0002 MATTHEW PETERS A Conditional Use Permit for NewPath/Crown Castle to install antenna facilities on an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-14) in the City of Temecula right-of-way on the south side of Rancho California Road, approximately 320' west of the centerline of Butterfield Stage Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned 7of11 Planning Agenda Report 4/1/2011 through 4/30/2011 Apr 19 2011 TBD APN # • PA11-0111 Newpath Networks (Node TM-16) 954102027 MATTHEW PETERS A Conditional Use Permit for NewPath/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-16) in the City of Temecula right-of-way on the west side of Avenida De La Reina, approximately 60' south of the centerline of Calle Aragon. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0112 Newpath Networks (Node TM-18) 945203001 MATTHEW PETERS A Conditional Use Permit for NewPath/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-18) in the City of Temecula right-of-way on the northwest side of Southern Cross Road, across from Sky Terrace Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0113 Newpath Networks (Node TM-19) 944131001 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-19) in the City of Temecula right-of-way on the south side of Rancho Vista Road, approximately 360' west of Mira Loma Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0114 Newpath Networks (Node TM-20) 944290021 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install antenna facilities on an existing joint use wood utility pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-20) in the City of Temecula right-of-way on the east side of Moraga Road, approximately 510' south of Rancho California Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0115 Newpath Networks (Node TM-22) s2��oo002 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-22) in the City of Temecula right-of-way on the north side of Rancho California Road, approximately 655' west of Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0116 Newpath Networks (Node TM-23) 953340006 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-23) in the City of Temecula right-of-way on the south side of South General Kearny Road, approximately 555' east of La Serena Way. Submitted Date Anticipated DRC Meeting Date Hearing Planned Sof11 Planning Agenda Report 4/1/2011 through 4/30/2011 Apr 19 2011 TBD APN # • PA11-0117 Newpath Networks (Node TM-24) 965190026 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-24) in the City of Temecula right-of-way on the west side of Crown Hill Road, approximately 200' south of the centerline of Old Kent Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0118 Newpath Networks (Node TM-26) 953050016 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-26) in the City of Temecula right-of-way on the south side of La Serena Way, approximately 90' east of Calle Pina Colada Street. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0119 Newpath Networks (Node TM-28) 959203024 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-28) in the City of Temecula right-of-way on the north side of Leena Way, approximately 125' east of Lucca Way. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0120 Newpath Networks (Node TM-31) 919021010 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-31) in the City of Temecula right-of-way on the northwest side of General Kearney Road, approximately 1,250 feet south of Nicolas Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0121 Newpath Networks (Node TM-32) 920100047 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-32) in the City of Temecula right-of-way on the north side of Nicolas Road, approximately 150' east of Winchester Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0122 Newpath Networks (Node TM-33) 916320039 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-33) in the City of Temecula right-of-way on the north side of Margarita Road, in front of Winchester Creek Park. Submitted Date Anticipated DRC Meeting Date Hearing Planned 9of11 Planning Agenda Report 4/1 /2011 through 4/30/2011 Apr 19 2011 TBD APN # • PA11-0123 Newpath Networks (Node TM-36) 910290014 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-36) in the City of Temecula right-of-way on the north side of Winchester Road, approximately 460' southwest of the centerline of Margarita Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0124 Newpath Networks (Node TM-37) 910281004 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-37) in the City of Temecula right-of-way on the north side of Winchester Road approximately 550' west of the centerline of Ynez Road. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0125 Newpath Networks (Node TM-38) 909310072 MATTHEW PETERS A Conditional Use Permit for New Path/Crown Castle to install a new 40' high concrete street light pole as part of its wireless distributed antenna system (DAS) Master Plan (Node TM-38) in the City of Temecula right-of-way on the south side of Diaz Road, approximately 185' east of Zevo Drive. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 19 2011 TBD APN # • PA11-0127 Portola Terrace Apts DP s22os2oo3 CHERYL K�TZEROW A Multi-family residential Development Plan application for Portola Terrace, to construct 45 apartment units and a parking structure on 1.53 acres located at 28673/28681/28701 Pujol Street. Associated cases include Parcel Merger PA11-0128 and Certificate of Historical Appropriateness PA11-0129. (Pre-app PR10-0033) Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 20 2011 5/12/2011 TBD APN # • PA11-0130 Brittany Ponce large day care 919272004 CHERYI KITZEROW A Large family day care application for Brittany Ponce to operate at 31173 Avenida Del Reposo. There is currently a small day care on-site (up to 6 children) that would expand to a large day care (up to 12 children). Hours of operation are proposed for 8:30 am to 2:30 pm, with children ranging in age from 2-5 years old. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 20 2011 TBD APN # • PA11-0131 s223s000� CHRISTINE DAMKO Special Event Permit Tour of The Twin Cities Century Bicycle Ride to be located at the Temecula Towne Square 41000 Main Street, Temecula, Ca 92590. The Hours are from 5:00 a.m. until 6:00 p.m. on October 15, 2011. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 21 2011 TBD 10 of 11 Planning Agenda Report 4/1/2011 through 4/30/2011 APN # • PA11-0136 Meadows Dental Group 954030002 ERIC JONES Major Temporary Use Permit for Meadows Dental Group Community Appreciation Event on May 14, 2011 from 11:00 a.m. until 2:00 p.m. Located at 31843 Rancho California Rd #300, Temecula, Ca. 92591. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 25 2011 TBD APN # • PA11-0137 Pressing Church Major TUP 921680031 STUART FISK A Major Temporary Use Permit to allow Pressing on Faith Church, located at 41785 Nicole Lane, to conduct the first annual Philippine Independance Day celebration. The event includes a display of traditional Filipino dance and music, and display booths featuring artist productions and photos of historical Filipino events from the Philippines and United States. The event will be held on June 11, 2011 from 10 a.m. through 3 p.m. Submitted Date Anticipated DRC Meeting Date Hearing Planned Apr 25 2011 TBD APN # • PA11-0141 Christ Fellowship Minor CUP 909270057 ERIC JONES A Minor CUP to allow the Love of Christ Fellowship to operate a church located at 41630 Winchester Road within suites B and C(APN: 909-270-057). Submitted Date Anticipated DRC Meeting Date Hearing Planned May 2 2011 TBD APN # • PA11-0142 McDonalds Major Mod s2�osoo2� ERIC JONES A Major Modification to update the fascade of an existing McDonalds located at 28100 Jefferson Avenue. An existing playground area will also be removed as part of the application. (APN: 921-060-027) Submitted Date Anticipated DRC Meeting Date Hearing Planned May 2 2011 TBD 11 of 11 �. � . :>. , �„ -,_ �. . , � . -�, ,� . �; E .� - � '�� " �,�/!� � ��RRiEp � . �� . � � `, Op ,..��--1� �..�..�..�..�..�..�..�. �..�..�..�..�..�..�..r ` °'`' s IN ' GS RD � � `'_ � i9 . � ,�� ;� ��1 � � , _ � _ - � .� � � � n � 9 �-.-- .. .•'`�•', T�� ' . ��•�� . t t i 1 � � �1=0122 �� ° �.` ��a� �� . • �i � • _ � � � � �� , �.... 1 �� • • �I O o _ ` . �� :. �� .�PA11�-O,w1 �� ,�� Q,`� -� � � . - �� PA11-0009 �•�� }d\G� �..�..�..�..�..�..� �� PA11-0082 � r � • � � PA11-0120 "�°.� ' A � ; EQU/ ' � ry �R . . � :Q �°°PA11-0044 �- ,... V � NORTE � . � R a , � � .� Z�� PA1�1-0123 s � �. � . _. .. . 4 �� . .�� Gp�� !` PA11-0098 �Rp.l � `.�' PA11-0049 PA11-0130 �y ; .. � ` C` . ��; .�� ° No � P ��.o � � S � R �NP ; ` ' PA11-0124 � .� ��. °.. �� .� • < f,. � �� .� , O � '�� ,_, , �- � .�+�PA10-0297 PA11-0141PA1�0038 �'ND DR PAPA1100056 PA11-0048�� R ��,• � � � � ��PA,1�1_0137�PA SpLAN�, 046 � DE�. PA11-0118 � Mp,O � �� , PA11-0050 �� e �--� pLP Q EN�. �, � � 11-0125 ,. PA11-0116 .. . . � , ,.:.. � ��FLO � �� pA11-0136 �� . �� a G �� `J • � .�' � �, MA� ��FO � �� `� �� ` PA11-0115 O �' � PA11-0106 ��. � ��`t``�'v O� N G� PA11-0109, pA11-0110 � � % �� . �',Q PA10-0309 PA11-0114 � �pA11-0111 � � �� 1 �� `� . �� '�. PA11-0142 "�� PA11-0107 PA11 0035 � • vS�NF�, PA11-0112 RO • �� N ��PA11 0072 PA11 00640 G NOU�S TA � O �pA11-0105~••� �� : �� y PA11 0113 p� �i0 ♦ � �� . ��f� PA1,1 �0031 �� V� � � �i 'Q . � . � PA11 0108��.�p,WY � . �� ,p� PA11-0103 � � �v;A��O.��LIF�RNIARD � , � PA11-0045 � � - 117 PA11 0 `"� � . '� O PA PA11 0z 0 53 �PA11-0101 O PA11-0104 � � ' - '"-`,.`� � _. ,�� 9 'f'irpR � �PA10-0052 � � �PA11-0102 � ,�� '�G PA11 0131 � � . R Y* +. � `��•� PA11-0127 �S�,O PA11-0078 N ��PG� MO� PA11-0119 �.• �� PA11 0074 <'s SP' �PA10-0213 �PO � � �� PA10-0214 �O � p � � '�` �t �U p �A Rp ' ' "' � `� t Q 'C _ ` �� ° � ' "' S �p ��Q � �� d � � ♦ "d'' � � . w.-- .- f � r >. _ `'•� ,, , . . , , , �N : � � � ....�-""` '`'� F � �,,� � . � � ' � Oyq ,P _ „NCH p� t�J' �. � Y `' I r " " �O .�� •'' j A �` ' � � oy : 9 ti� �°: 1 �.� 9 .0,� - y �.° ��..�..� �� "' ' , •'� ,�� : �� , Planning Status April 2011 �°�' � � � � � A � �PA11-0085 �`� ��:. L..� :� RD 0 1. Recently Approved � �'�� ,�� •��•,, �.�� •��•., � � 0 2. Sch edu I ed fo r H ea ri n g ; • �'•� y �•'� • ��.�,.��'�, ��.� � �� + • 3. New Submittals Pending DRC Meeting � }- �..��..� o ��-�� p�..r C • � f . r s °�. I � • � � �<�►.._.._.a �� _.._.._..} '` � � / 4 `� O � :?��s� �- Item No. 20 Approvals City Attorney 5 Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: May 24, 2011 SUBJECT: Economic Development Departmental Monthly Report PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: Receive and file. The following lists some recent highlights of the Economic Development Department for the months of February, March and April 2011: SPECIAL EVENTS Springfest kicked off with the Spring Rod Run on March 11 and 12 Over 700 classic cars lined the streets while an estimated 50,000 people visited Old Town. The Bluegrass Festival on March .�$th_2oth drew an estimated 12,000 people who all turned out for a popular musical line-up that played throughout the weekend. The Reality Rally, April 15 was a great success, drawing over 150 reality television celebrities to Temecula and had over 40 teams participating in the scavenger hunt around town. Taste of Temecula Valley brought over 40 restaurants, wineries, breweries and specialty food items to the Town Square on April 30 and had an over 2,500 paid participants for the first year event. Western Days and a Chili Cook-off on May 21 S & 22n provided free family fun and some great chili to Old Town. Attendees enjoyed stagecoach rides, a saw horse competition, a Wild West bank robbery reenactment and live musical entertainment. ECONOMIC DEVELOPMENT NEWS February 24 Staff organized a Twin City Broker & Developer Forum in the Council Chambers with approximately 50 local commercial brokers and developers in attendance. Temecula Mayor Ron Roberts gave a welcome and provided an update on Temecula and Murrieta Mayor Randon Lane also provided the group with an update on Murrieta. Temecula and Murrieta's Building Officials concluded with a presentation on recent building code changes. 1 April 27` Staff participated in the EDC Business Summit held atthe Temecula Civic Center. Mayor Pro Tem Chuck Washington attended and gave a welcome to the group. The Business Summitwas a regional collaboration with Southwest Riverside Cities, Chamber of Commerce and local businesses. Upcoming event June 2, 9, 16, Export University: The City of Temecula, City of Murrieta, Paulson Manufacturing, US Department of Commerce and the CA Inland Empire Export Council have joined forces to provide a series of three courses on learning exporting basics that will be offered to local businesses. The training will be held at the Temecula Conference Center. City Staff will also be taking this course. SITE VISITS March 7` Mayor Pro Tem Chuck Washington, Staff, EDC representatives and Temecula Chamber of Commerce representatives attended a site visit to WALZ, a company that manages critical communications between organizations and their customers. March 17` Staff along with Chamber of Commerce and EDC Representatives attended a site visit to Oshkosh Defense, a military defense vehicle manufacturer. MEETINGS OF INTEREST February 9` March 9` April 13` and May 11` Staff attended the Temecula Chamber of Commerce Membership Committee meeting and updated the group on upcoming special events and recently approved projects. February 16` Staff attended the Temecula Valley Chamber of Commerce Mixer located at DCH Honda. February 17` Staff attended the EDC Board of Directors Meeting at the Murrieta City Library. February25` Staff attended Murrieta's State of the Cityat Loma Linda University Medical Center in Murrieta. March 10` Mayor Pro Tem Chuck Washington and Council Member Maryann Edwards along with Staff attended the Temecula Valley Convention and Visitor's Bureau Annual Meeting in the Conference Center. March 24` Staff attended the Quarterly EDC Luncheon at Bear Creek where a presentation was given on "The effect of the State Budget on the Local Economy". April 18` Staff participated in Chaparral High School's Career Fair. April 19` Staff gave an update on Citycurrent events to the Military Officers Association of America Meeting located at Journey Golf Course. April 20` Staff attended the Temecula Valley Chamber of Commerce Mixer located at the Promenade Mall. April 21 �`: Staff attended the EDC Board of Directors Meeting at Southwest Traders. April 28` Mayor Pro Tem Chuck Washington along with Staff attended the Old Town Temecula Association Mixer held at Baily's. 2 May 4` Staff attended the Workforce Investment Board Regional Meeting held at the Workforce Investment Offices in Murrieta. May 11` Staff attended Cal State UniversitySan Marcos Environmental Leadership Forum held in Riverside. May 18` Staff attended the Temecula Valley Chamber of Commerce Mixer held at Keyways Winery. May 19` Staff attended the EDC Board of Directors Meeting held at CSUSM Temecula campus. 3 Item No. 21 Approvals City Attorney 5 Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: May 24, 2011 SUBJECT: Public Works Department Monthly Report RECOMMENDATION: Receive and file the attached Department of Public Works Monthly Activity Reports for the month of April, 2011. MEMORANDUM TO: Grcg I3utler, Director oFPublic Works � \ � FROM: Ro[Iney Tidwell, Maintcnlnce Su�ervisor � � s� DATE: May S, 2011 1989 SUBJECT: Monthly Activity Report - April, 20t I The following activities were performed by Public Works Department, Street Maintenance Division in-house personnel for the month of April, 2011: I. SIGNS A. Total signs replaced ZZ B. Total signs installed 10 C. Total signs repaired 97 D. Banners 2eplaced 0 [L TREES A. Total trees trimmed for sight distance and street sweeping concerns 47 III. ASPHALT REPAIRS A. Total square feet of A. C. repairs 3.170 B. Total'tons 7L74 IV. CA'CCH BASINS A. Total catch basins cleaned 173 B. Down Spouts 0 C. Under sidewalks 0 D. Bowls 0 V. RIGHT-OF-WAY WEED ABA"I'EMENT A. Total square footage for right-of-way abatement 18,966 VL GRArFIT[ REMOVAL A. Totallocations �9g B. Total S.F. 5.937 l i VII. STENGLING I i A. 218 New and repaintedlegends ' B. 28.026 L.['. of new and repainted red wrb and striping C. 0 Qull Nose D. 0 17icnnal Plastic L'. 0 RPMs Installed Detailed report available upon request. a:winwrnmmnoncrerr Alsq City Maintenance staff responded Co 76 scrvicc order requests rangin�r fi�om weed abatcment, tree trimming, sigo repair, A. C. failures, liYtcr rcmoval, and catch basin cicanings. 'I'his is compared to 46 scrvice order requcsts for the month of March. 20tt. Thc Maintenauce Crew l�as also �>ut in 74.5 hot�rs of ovcrt�ime which includes standby time, special evcnts a��d response to street ��. cmcr�c�icics. '��,. The total cost For Strect Maintc�anec performed by Cont�racYOrs for thc month of A�ril, 2011 was � 204�23758 comrared to l 2�u 8 92.00 for thc month of March� 20t t. AccountNo.5402 5203,003.88 Account No. 5401 S - 0- AccountNo.999-5402 $ 1,233.70 � I i Electronic Copies: � Amcr Attar, Princi��al Engincer - Ca�ital [m��rovcmcnts Mayra De La Torre, Senior Enginccr - Lancl Devclo��ment I Jcrry Gonzalcz, Associatc Engincer - 'I'raffic Division i i R-6AtNN"fA1N\MOACTRPI' STREET MAINTENANCECONTRACTORS 7'hc followin� contractors havc performcd Yhc followin� ��rojects for thc monfh of April� 2011 DATE DESCRIPTION TOTAL WST ACCOUNT STREET/CHANNEL/BRIDGE OF WORK SIZE CONTRACTOR: W EST COAST ARBORISTS, INC. Datc: 0421.11 CITYWIDG ANNUALTRGL•TRIMMING # TOTAL COST $ 34,778.00 CONTRACTOR: 2ENE'S COMMERCIAL MANAGEMENT Datc: 04.29. t 1 CITYWIDG POST-GMGRGGNT SVRAYNG fOR CITY OP TGMCCULA � R.O.W. # TOTAL COST $ 15,537.00 CONTRACTOR: REPU6LIC ITS Datc: 04.OI.11 OLU TOWN RGPAIR OLD TOWN S'PRGET LIGI ITING # TOTAL COST $ 1,233.70 CONTRACTOR: BECKER ENGINEERING Datc: 04.07.1 I YNG7. ROAD AT DATG STRLFT RF,PAIR AND RGPLACG DAMAGBD GlIA2D RAIL CAUS[D PROM T.C. # TO'PAL COST $ 2,215.00 CONTRACTOR: PACIFIC STRIPING Datc: 04.1 l, t t CITYWIDE ANNLIAL RF.STRIPING O� CITY STREF.T AND 61KG LANGS # TO"I'AL COST $150,473.88 Datc: # TOTALCOST CONTRACTOR: Datc: # TOTALCOST Dntc: # TOTALCOST 'fOTAL COST ACCOUNT #5401 TOTAL COST ACCOUNT #5402 $203,003.88 TOTAI. COST ACCOUNT #99-5402 $ 1,233.70 R \MAM'fA1NUtOACTRPT 1 i O O N W O OJ N t0 O m N O W O I� (O I� I� (p V $ O N� � N W � � O V W T M O V N'U OJ Cl M W O � (") � f0 � <^ 1� I� I� N I� < C'J O(O W ' Q pj I� M `. I� W N O N '- M M � O � N � N � N [F � O � � h W � �tJ � f � � � h � � a l- Q � � a m v Y f o V' K � O O V (O O (p O (p V(") N(O N f0 I� 1� M r 4J O W � O V1 Q N V M m (O N f0 N N N h N 3 J M < V d' N(O N m N M N h Q Q O r � m � (�p � N � O (O N V I� N N V LL fA N N M � N J � � E °� 'n 2 y e $ p °i E v N o l'n d W 2 � � Q f 0 0 0 o m o� N�n o � o ° N ° m M v�� n r n i � �? �o m rn N m � m J � N n � W � W h � � ry C I� N I� a � � M � O � � O � � N � Y F O O O Q O O Q W 1� p O � N I� (") o h V O 6J N(p T O J � � O � O O �(O V O M 'p V f� � . V N � U � N � � � a � M � = Y o 't N � N LL O Q a w z Q � o ° o � ° o a o R' W LL a• O O O� O O O N M� M N m^ � O N N O O d . N N � Q F� m N N (O � ^ � M p, 2 W N y W LL tl3 W � Vi 0 � r O O y � O � O M �j O � N � O O V O O O O f9 � I� O N I� �� O O�� OJ '1 � O ` ^ � M W � � N (O 1� N C ' 1 Q � � �rj m � O � � V! � N t9 � � N � � C ~ � � �. w � � � ✓� LL I 4 d LL�? �' N N O (� = C � J N f IL d C K LL C U •L Q N a D � N m m c N � � N � o� 41 Y N 2 �o 'o U o Q d— K m N = m� m F N m !- N j 1- � F- W � d a� a c 'o � F � � Q m U O U �� O 2 �� O o�, � O i �—�° m� � E m n�n � E p � N�� U Q � w U O � d U N ii U Q � in d� E� d� O U m J a O� � J V F- CL J � � c K O �'' � L U C Q F" C� Q W N N Q ?� Q � � y N N m N W V J � w o'� O O 6 m O K � d O � Q O � m rn rn rn m m O m� m�0 O „ a c� o r- c> in cn �� F- t- r � cn � t� m�n <n m c> i-- � z¢ vi c7 r- O N O O O T O O O O N n W d b � O N O O O O O O N O� N n N M T y LL J � O O N N W O M O� O n H W T b ' d � U W N � n M V ti � n N r M N M M W Z 3 O N V V T N N V/ � O M W N I� N af M � W N t0 - � N� V LL W N W M w W bi � N O O V M M N m' � a y > «, w d' "' '^ " " � >�� g � �c�� ° � K f0 O O O � O O M O O O N O O M c W < Z Q OI O O O O O M O N A M N M N .Q LL J OI O O O N N O M O Vf tC N V N M N t0 1` � 'O � Q F M N W Of YI O M O F M N N O N OI YI F � T N U� N YI h N 1O N M t0 M N N I� N �O d W ll] m Q fA a t0 M Of 1� T d N � F ' a w O W a'O.� (�LLW N � N MM w � WM N� M W h � �� N J N N p � N � n F = a F a ry K o�n a � a 0 z � � z -a '¢ K � �- O� � LL • � N � U Y W � oaz � U } a s rc ( o� N O U � F � W � a . J 3aub 3 �� J � a � U m Z o � W 4. j f N O O O N O O M O O O M h M N 10 c Z � m oo ao 0 o�n om oro a n v m d' �- a c c p o 0 o ri o ai vi o oi ui �e LL F a Q M V! t0 V O OJ O t0 Vl N N V V V 1` O U�� d p I� N N N W N N N OI 1p M W J W J O � m N N IA M N IA 19 M W N IA M � M � ~ � f� 0 Q p N LL V a � O N O O 10 CO N O 1` h M O h t0 N 1p � � �^ O N � Ol � � V 1� F b N Y~ � M � N' W � J • 3�� 0 a U d N d N � O � O � p d N N O1 C d O O} y J �' J �' J O fL N I LL LL U L �L � �y L � � � : a m � a I R ' K N K N �j N 2 F � O I � W W W O r F 2 � � I _ J W N � � � W J N � � O W I d a � LL (7 w � w � w � V m �Q t- W w � 2 N K U m N � ? Q U � K = K � K ❑ ¢ Y � a g � a W r o � w � a z 'w rc ? � � � ai W = 3 � a w � i z z z u Z Q R' s rc � 3 r Q N N = fn N N U' ❑ Z N Q o: � �� W � o � o � z a U � � J Q > S F K a w N � � Q � J LL � � � w � ' z � � ' � � Q I � � � �� J I � a � 0 a j � F - ' --1 ' � �•y 'y N ' I d N � � � � � W �. " N I � w � Z �� . � ' w � � �� o �� w w 000000a0000000000000000000 � � o 00000000000000000000000000 oa w � o � o0000000000000000000000000 r F � O" c0 N'd'd'VVeFMMMMMNNNNN�-�r�r- ` c/� V � � j H � � � i � ~ O ~ � � � r-I r-I �--i �"i �,. O a > N v � d � d O �' `�° a � 8 a�i "° p �" � A � •;, � � � � a � � s ti w � ¢ � y ti � v� o z A W a � � `' t J N N N � Q� h �O r1 1n H � `.' � � w � y � L � �+ � .L7 r�'i, � Y. .0 � � � O � ,� ' � � � � y � � � q A ce i " at' q ..'�' bA p„ a+ > e� �` W �" d �" h ti d ri� O z A CAPITAL IMPROVEMENT PROJECTS Monthly Activity Report April / May 2011 Prepared by: Amer Attar Submitted by: Greg Butler Date: 5/24/2011 PROJECTS UNDER CONSTRUCTION Roripaugh Ranch Fire Station The majority of work was completed by April of 2006. The remaining work will be completed when the mainline utilities are installed, which the City is undertaking - estimated start in March of 2010. A fire engine/truck venting system (requested/added on 2/06) will be installed when the Contractor re- mobilizes, this cost is also included in the approved change order total. Temporary power, initially established in 2003 by the developer, had to re-established in May of 2010. City Property at Diaz Road and Dendy Parkway (Northwest RDA Property) - Rough Grading This project provided for the rough grading of the vacant City property at Diaz Road and Dendy Parkway. All work was completed on March 28, 2007. Site restoration, including hydroseeding, was completed in December of 2008. A notice of completion was approved by the City Council at the 1/13/09 meeting. Ongoing maintenance expenses will be incurred for NPDES measures until such time the property is developed. Minor BMP improvements were completed in April of 2010. Old Town Infrastructure Project -Town Square and Mercedes & Main Street This project involves construction of the Town Square and street improvements on Mercedes & Main Streets. The project was awarded on March 18, 2008. Final work items involve completion of the show power which is in design and set to be constructed in spring of 2011. Old Town Infrastructure Projects - Parking Structure & Office/Retail Frontage The structure was opened to the public on March 1, 2010. Punch list and close out work will be ongoing for two to three months. In addition a long term (5 year) maintenance contract for landscaping in the Caltrans right of way was awarded at the 10/26/10 City Council meeting. Ronald Reagan Sports Park Channel Silt Removal & Desiltation Pond This project includes restoring the Best Management Practices (BMP) of the Stormwater Pollution Prevention Plan (SWPPP), the Water Quality Management Plan (WQMP) and the requirements of RWQCB by desilting the basin located near the Sports Park. 401 Certification, Streambed Alteration Agreement, and Nationwide Permits have been acquired. The City has reached an agreement with the contractor and the contract is being closed out. Staff will file a Notice Of Completion upon receipt of appropriate documentation from the contractor. Old Town Civic Center 1 This project will construct the Old Town Civic Center. City Council awarded the contract to Edge Development, Inc. on 09/09/08. Edge began work on 4/8/09. Dedication ceremony was held on 12/9/10 and the City started operations from the new structure on 12/20/2010. Resolution of punchlist items is on-going. Temecula Community Center Expansion - Phase 2, Renovation of Historical Buildings Phase 2 of this project will renovate the Escallier House and Barn. The landscape is in maintenance. Contract is being closed out. Staff will file a Notice Of Completion upon receipt of appropriate documentation from the contractor. Redhawk Park Improvements This project will add amenities, which include ADA accessible parking, a restroom, a half-court basketball court, and permanent dog park at Redhawk Community Park. As part of this project, a seatwall will be installed at Sunset Park. The project is essentially complete. Winchester Road / State Route 79 North - North Corridor Beautification This federally funded project will design and construct landscaping and irrigation enhancements to the existing raised medians along Winchester Road between Ynez Road and the easterly City limits. The City is negotiating with the contractor's bonding company. Traffic Signal Installation - Citywide This project will install traffic signals on Rancho California Road at Yukon Road. Authorization to solicit construction bids was received from City Council on 08/10/10. The project was advertised and bids were opened on 10/21/10. The City Council awarded this project at the 11/09/10 meeting. Pre-construction meeting was held on 12/01/10. Contract has been suspended, awaiting poles. Citywide Storm Drain Improvements - Rancho California Rd at Vincent Moraga Dr Project consists of installing two catch basins and approx. 100' of RCP drainage pipe across Rancho California Road at Vincent Moraga Drive, as well as relocation of an existing RCWD waterline. Storm drain installation work is complete and the system is fully functional. Landscape restoration has been completed; the project is complete. Acceptance of the project improvements is scheduled for the 05/10/11 City Council meeting. Closed Circuit Television (CCN) Installation on Temecula Parkway This Project will install fiber optic cable in existing conduits and 4 television cameras at four intersections to monitor traffic flow on Temecula Parkway between Pechanga Parkway and Butterfield Stage Road. The project construction is completed. Currently processing CCO#1. Pavement Rehabilitation - Nicolas Road This project will rehabilitate Nicolas Road from Joseph Road to Calle Girasol. The City Council awarded the contract to Kad Paving Company at the March 8, 2011 meeting. Project started April 25, 2011. Contractor completed the paving work. Project is scheduled to end on June 13, 2011. Ronald Reagan Sports Park Desilting Basin Environmental Mitigation z This project involves the installation of landscape and irrigation improvements on a.26 acre Habitat Creation Area and maintaining it for five (5) years in accordance with a Habitat Mitigation and Monitoring Program. The work was completed on 1/20/11 - the plant establishment period (90-day landscape maintenance) is now in process. 3 PROJECTS IN DESIGN Pechanga Parkway Storm Drain Improvements - Environmental Mitigation This project includes construction of new wetlands for the Wolf Valley Creek Channel Improvements- Stage I. A site visit with the DFG took place on 03/16/10. Another site visit, this time with Army Corps and Regional Water Board was conducted on April 23rd. Water table level tests showed no sign of water within 18' depth. Resource agencies are being consulted about an alternate mitigation strategy. Murrieta Creek Bridge and Overland Drive Extension from Commerce Center to Diaz Rd The project includes the extension of Overland Drive from Commerce Center Drive to Diaz Road with a bridge over Murrieta Creek. The design is complete and the City has the mylars for signature. Main Street Bridge Over Murrieta Creek (Replacement) This project will replace the existing Main Street Bridge over Murrieta Creek. Design consultant Simon Wong Engineering (SWE) and the City are continuing to pursue environmental permitting and coordination issues associated with pursuing the bridge replacement as a project separate from the Army Corps of Engineer's Murrieta Creek Improvement project. Caltrans has approved all environmental technical reports and issued the Categorical Exemption (CE). Fish & Game has issued a'No Streambed Alteration Agreement Required' determination - permitting efforts through CDFG are complete. RWQCB 401 Certification obtained on 3/11/11; ACOE permit application is still being processed. A site meeting was requested by ACOE and held on 4/18/11 - issuance of 404 permit is anticipated in May, barring any furtherissues. Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek This project includes the construction of an approx. 150' long ped/bike bridge over Santa Gertrudis Creek near Chaparral H.S. This is a federally funded project, which will involve a NEPA document. Environmental clearance (Categorical Exclusion) was obtained from Caltrans on 5/20/10. Request for Authorization (RFA) to Proceed with Construction package was submitted to Caltrans on 06/24/10; approval is contingent on obtaining resource agency permits. A"No Streambed Alteration Agreement Required" determination received from CDFG on 11/16/10. USACE and the RWQCB have provided notification (as of 1/6/11) that no permits will be required from either agency - re-submittal to Caltrans for the RFA took place on 3/7/2011. Caltrans advised on 3/14/11 that along with the resource agency permits, the County Flood Control encroachment permit will have to be obtained before processing of the RFA can continue. Flood Control encroachment permit obtained and the RFA package re-resubmitted on 4/20/11. Western Bypass Bridge Over Murrieta Creek This project involves the design, environmental clearance, and construction of a new bridge over Murrieta Creek at the westerly terminus of Western Bypass and an extension of Pujol Street to the new structure. Once constructed, this will serve as the southerly connection of the Western Bypass Corridor. The Mitigated Negative Declaration was adopted. Applications to the various environmental agencies have been submitted. Review of the 100% Plans and Specs is on-going. Temecula Park and Ride (79 South) a This project will design and construct a park and ride facility on Temecula Parkway (formerly 79 South) at La Paz. The consultant submitted 90% Plans and Specifications. City completed its review and provided comments to the consultant. The City just received the 100% plans. French Valley Parkway / Interstate 15 Over-Crossing and Interchange Improvements - Phase 1 (PS&E) A southbound off-Ramp to Jefferson, an auxiliary lane, and widening the bridge over Santa Gertrudis Creek at the Winchester southbound off-ramp are the components of Phase 1. City continued the design work. Status is as follows: > 100% PS&E - Target submittal 05/12/11. > Right of Way - Securing limits of dedication. > Utilities - 2nd round of potholing of existing utilities within APE is completed. Relocation Claim Letter was sent to all utility companies and discussions regarding relocations have begun. Old Town Gymnasium This projects involves the design of the approximately 9,000 square foot gymnasium adjacent the Boys & Girls Club on Pujol Street. The land is to be utilized as staging area for the Murrieta Creek Improvements project and it will need to be acquired from Riverside County Flood Control (RCFC) for the current design. A time line was established by TCSD for the design and environmental work. The TCSD Board of Directors approved the Conceptual Master Plan on May 11, 2010. Consultant is working on design and environmental work. Santa Gertrudis Creek Pedestrian/Bicycle Trail Extension and Interconnect The project will provide a Class I bicycle trail that connects the existing Santa Gertrudis Creek Pedestrian/Bicycle Trail at Ynez Road to the Murrieta Creek Multi-Purpose Trail at Diaz Road. The alignment study has been completed. Extension of time for the Bicycle Transportation Account funds was approved on 05/01/09. The consultant is working on 90% plans, specifications and estimate. Nicolas Valley - Assessment District (Liefer Road) This project will study assessment district feasibility and formation, including completing the street and minor storm drain improvements on the unimproved portions of certain streets within Nicolas Valley (Liefer Road) area. Consultant is finalizing 100% plans for signature. Roripaugh Ranch Street Improvements - Phase I Ph I includes the design & construction of Butterfield Stage Road (BSR) from Murrieta Hot Springs Road (MHSR) to Calle Chapos, a portion of MHSR, Calle Chapos, South Loop Rd and making the Fire Station functional. David Evans and Associates' (DEA) and Hirsh & Associates, Inc. (HAI) were awarded contracts to complete the design. The City has received the final plans. Staff is working on the Bid Docs. Staff is also coordinating with all the utilities. The City Attorney is to review the impacts of the FDIC's new involvement. I-15 / SR-79S Ultimate Interchange 95% PS&E (2nd Submittal) - Preparing to submit to Caltrans. Pending completion of subsurface utility investigation (mid May). Pavement Rehabilitation s This project will rehabilitate portions of Winchester, Rancho California, Ynez, Margarita Roads and Rancho Vista Road. Consultant is currently submitting 90% plans for review. 90% plans are being routed to local utility agencies for review. Margarita Road and Winchester Road plans are currently scheduled at the 5-10-11 City Council meeting for authorization to bid. French Valley Parkway / Interstate-15 OverCrossing and Interchange Improvements - Phase II RFP171 for Engr Svcs: Aug - Sep 2010. Evaluation/Interview: Oct - Nov 2010. City is currently under negotiations with the most qualified candidate. Citywide Storm Drain Improvements - Calle Fiesta This project consists of extending an existing City-maintained storm drain line an additional 200 feet to eliminate slope erosion at the current storm drain discharge point. The necessary drainage easement for future City access and maintenance of the new pipe is being pursued and will be secured prior to start of construction. In late March, staff received word that the parcel on which the storm drain easement was being pursued had been sold - coordination efforts with the new property owner are ongoing. Margarita Road Right-of-Way Enhancement This project will enhance the east side of Margarita Road parkway from Ramsey Court to Avenida Cima Del Sol. Project is currently scheduled at the 5-10-11 City Council meeting for authorization to bid project. Citywide Slurry Seal Project FY 2010-11 This is the annual citywide slurry seal project that will slurry various streets through the City limits. Currently the specifications and maps are being created. This project will be advertised shortly. Library Parking Expansion This project will add on-street parking adjacent to the Temecula Library and Fire Station #84 on Pauba Road. On 05-06-11, the City returned comments on 90% plans to the consultant. s PROJECTS IN THE PLANNING STAGE French Valley Parkway / Interstate 15 Over-Crossing and Interchange Improvements (PA & ED) Project Report - Approved January 2010. Environmental Document - Approved January 2010. New Connection Report - Approved April 2010. Freeway Agreements - Submitted to Caltrans for final execution July 2010. � Item No. 22 Approvals City Attorney 5 Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Shawn D. Nelson, City Manager DATE: May 24, 2010 SUBJECT: City Council Travel/Conference Report - April 2011 PREPARED BY: Sue Steffen, Executive Assistant RECOMMENDATION: Receive and file On April 6, 2011 Mayor Pro Tem Ron Roberts traveled to Los Angeles, California to attend the Southern California Association of Governments Regional Council, Executive/Administration Committee, Transportation Committee, and Joint Meeting of the Regional Council, Community, Economic & Human Development, Energy & Environment and Transportation Policy Committees. Attachment: Meeting Agendas �GIONAL l'�OUNCIL AG�NDA Ar�uL 7, 2011 The Regional Council tnay consider and act upon any of the items [rsted on the agenda regardless qf whether they are listed as informatfon or action items. CALL TO ORDCR & PLEDGL+; OT ALLEGIANC� (Hon. Larry McCaPlon, President) PUBLIC COMM�NT P�RIOD — Members of the pubfic desiring to speak on items on the agenda, or items not un the agenda, but within the puc•view of the Coanci[, must fiil out and present a speaker's card to the Assistant prior to spcaicing. Comments will be limited to three minutes. 1'he President may limit the total time for ail comments to twenty minutes. CiLVIi;W AND PRIOR[TIZ� AGENDA ITLMS FI2�SID�i�iT'S R�PORT Pa�e No. 1. New Committee Appointmencs NATIONAL ASSOCIATION OR RI.GIONAL COUNCILS fNARC) Remarks: I�redAboustenoan, Executive l�irector COMMII'T�� R�PORTSIACTION ITi�'MS ExecuCive/Administration Committee (�AC) I2e orC (Hon. Larry McCa[[on, Charr) 2. Collaboracion with Caltrar�s on the California Household Travet Surve Attaehment 1 (Douglas Williford, Deputy �xeeutive Director, PLai:�eing & I'rograms) Recommended Action: Authorize Executive Director, or h'rs designee, to enter into an agreetnent with California DepartmenL of Transporfation (Caltrans) to collaborate on the California Household Travel Survey, including fund'rng in the amount of $1,4:15,834 to obfain additional surveys far Uie SCAG region. Commanity Cconomic and Hainan Development Committee (CL'HD) Renort (Ilon. I3ilt Jah�a, Chair) Eneri�v and Environment Com�nittee (I�ECl Report (Hon. Margaret Clark, Chair) ¢,�,�.,� SOUTHERN CALIFORNIA -��= ASSOCIATIONOf60YERNMENTS L EGIONAL COUNCIL AGENDA Ar�uL 7, 2011 COMMITT�� R�PORTSIA(`TION ITEMS continued Pa e No. 3. C 1OD Cover and Dust Control Stratc�ies for Fatlow Land Attaehment 15 (Dougtas Witliford, DepuLy Executive DirecCor, Ptanning & Programs) Recommended Action: At the direction of the Energy and Environmenta] Committee, staff is seeking guidance and direction of the Regiona] Councii in pursuing a dust control strategy for Southern Catifornia. Recommended options include: a) Note and file; or b) Direct staff to return with possible options for SCAG involveme�t with the goal o[ assisting the region in accessing available funds. Transportatioa Committee (TC? Renort (flon, Greg 1'etlis, Chair) Le islative/Conimunications and Me�nberslaip Cotnmitkee (LC"MCl Renort (Hon. Glen Becerra, Cha�r) 4. Assembiv Bill 1'iQ8 {Miller — Hi hway Users Tax Account (HIJTA) Attachment 33 Aporopr�ation of Punds—Sunoort (Sharon A. Neely, Deputy Lxectctive Director, Strate�y, Poticy and PubCic Affairs) Recommended Action: Support 5. Su�port of California Redevelopment Assocration Alternative to Attachment 38 Redevelopmerit A encv (RDA Elimination Pro RDA Contr'rbueions to Schools (Sharon A. Nee(y, Depuly �xecutive pirector, Strate�,ry, Policy and Public Affairs} Recommended AcCion: Continoe to oppose eliroinacion of the Com�naniCy Redevelopment Authority in the state budget; f�owever; in the event of eliminafion by the Legislature, support the Community Redevelopment Alternative Proposal as described in the staff report. 6. Undated SCAG State and [.c;gislacive Ntatrix fSharon A. Neety, Deputy Executive Director, Strategy, f'olicy and Public Affairs} �� SOUTHERN {ALIFORNIA °-��^� A SSOCIATIONOfGOVERNINENTS ii � E�IONAI. COUNCIL AGENDA APRIL 7, 2011 COMMII"i'�� I2�PO12TS/ACTION IT�MS - continued Pa e No. Audit Committee T2e�ort (Hon. Glen Becerra, Chair) Re�ional Housine Needs Assessanent (RHNA) Subwmmitte� Reaort 7. Re�ional Housing Needs Assessment (RHNA1 Scheduie Attachment 70 (Ho�a. BrCI Jahrz, Chair) Recommended Action: Approve [he RHNA Schedule which includes notification to Caltrans aod the California Depar[ment of Housing aod Communrty Deveiopment (HCD) of the 2012 Regional Transportatio� Plan/Sustainable Commun'rties Strategy (RTP{SCS) adoption date. Scholarshi�� Committee Renort 8. SCAG Scholar5hip Award Nominees Attachment 75 (Hon. Pnrn O'Connnr, Cliair) Kecommended Action: Approvc awardiog the 20l l SCAG Scholarship Award to the recommended appiicants. CONS�N'T CALENDAR Approval Ikems 9. Minutes ot the March 3 2011 Meefin Attacl�ment 79 10. Sponcarshin of Coalition for America's Gateways and Trade Corridors Attachment 85 Amival Conferenec ($2,5001 Receivc & T�ite ll. Contracts/Purchase Orders and/os• Amendments Between �5 000 Attachment 86 200 000 (Wayne Moore, Chief Finaneial Offceer) �� 50UTHERN CALIFORNIA ��.^��` ASSOtEATIONOfGOVERNMENTS iii EGIONAL COUNCIL AGENDA Ar�uL 7, 2011 Paee No. CXCCU'CIVE DIRECTOI2'S R�PORT (Hasan Ikhrata, Executive Director) 12. Monthly Report 13. SB 375 Update INrORMA`I'ION ITTiM l4. CFO Monthlv Report Attachment 91 rUTURE AG�NDA ITL+'M CLOSED S�SSION Public Employee Performancc Evaluation Governmenl Code Secfion 54957(b) Title: Executive Director ADJOURNML;NT The roext Regiona[ Coancil n:eeCrng ivi[[ be he[d on Thursday, May 5, 2017, in conjunctiarz with the SCAG Regiona[ Conference and Annual GeneraLAssemfily scheduled forMay 5- G, 20IX, at the La Quinta Resort & CtuG, 49-499 �isenhorver Drive, I.a Quinta, CA 92253. �,� SOUTHERN CALIFORNIA _` �� ASSOCIATlONofGO{IERNMEN75 iv Ex�cuTYVE/Anm[INIS7 ColvtMiPrTE� AGENna AmxiL 7, 2011 The �xecutive/Administi•ation Committee may eonside�• and act upon any of the items listed un the agenda regardless of whether they xre listed as infm•mation or action items. CALL TO ORD�R 8z PLI'sDG� OT ALI CGTANCE (Hon. Larry McCallon, Chair) PUBT,TC COMMTNT P�TttOD — Members of the public desiring to speak on items on the agenda, or ite�ns not on the agenda, but wiEhin the purview of'the �xect�GvelAdminisCration CoinmiCtee, must fill out and present a s�eaker's card to the Assistaot prior to speaking. Cornments will be limited to three minutes. The Chair may Iimit the total time for all comments to twenEy minutes. t2EVI�W AND PItIORITIZE AC'ENDA ITEMS CONSLNT CALCNDAR Pase No. Approval IEem l. Minutes of the March 3 2011 Meetine Attachment 1 Receive & RiMe 2. Overview of Modelin� and Related Consultanl Assisted Projects Attachment 7 (Doecglas Wtlliford, l�e�uty Executive Director, Planning cYc Progranrs) 3. ContcactslPurcliase OrderS and/or A�nendments Between $5 000 - Attachment 11 '200 000 (Way�ae Moore, Chief Firtancial Officer) ACTION 1T�M5 4. Coll�borafion�th Caltrans on tlie California Househoid Travel Suivev ACCachmenf 16 (Douglas Williford, Depuly �xecutrve Director, Pl¢nning & Programs) Recommeoded Action: Authorize Executive Direcl:or, or lils designee, to enter into an agreement witii California Department of Transportacion (Caltrans} to collaborate on the California Hoasehoid Trave] Snrvey, including funding in the amount of $1,415,834 eo obTain addiCional surveys Eor the SCAG region. �,� SOUTHERiV CAI.IfORN1A l -�°��`;?�� a550C1AT10NOfGOVERNMENTS EXECUTIVE/ADMINISTRATION COMMITTEE AGENDA ArRiL 7, 2011 ACTION ITCMS - continued Pa e No. 5. Supuort of Catifornia Redevelopment Association Alternative to Attachment 30 Redevelonment A enc�(RDAI Elimination Proposrn Voluntar RDA Contributioas to Schools (Sharon A. Neely, I)e�ury Executive Director, Strategy, Policy and Public Affairs) Recommended Action: Continue to oppose elimination of the Community Redevelopment Authorily in tl�e state budget; however; i�a the event of elimination by the Lx;gislature, support the Cornmunity Redevelopment Alter�ative Proposal as described in lhe staff report. 6. ASSemUlv I�ill 1308 (Miller – Hi�hwav Users Tax Account HUTA� Attachment 62 A�propriation of Funds—Su�?port (.Sharon A. Neely, Dep[tty Executive I)irector, Strategy, PoCicy and Public Affairs) 12ecommended Ackion: Supporf 7. �onsorshio of Coalition for America's Gatewavs and '1'rade Coaridors Attachmeat 69 A�nua] Conference 25001 (Sharon A. Nee(y, �eputy Executive Director, Strategy, Policy and Publrc Affairs) Recommended Action: Review and approve. CI+O MONTHLY rINANCIAL RTPOTiT Attachment 68 (Wayne Moore, ChiefFinaneiat Offieer) rU'I'URI. AG�NDA 11'�MS Any Committee member or staff desiring to place items on a future agenda may make such a requesi. ANNOUNCCMCN'I'S CLOS�D S�SSIOIV Public Em l�oyee Performance Fvalualion Government Code Section 54957(b) Title: Bxecutive Director AllJOU12NM�NT Tleere tivi1l fie rao �:reetirog i�r May �Jrre to SCAG's Regia�raJ Confe�•e�:ce and Ge�terad Assen�bJy. T/re aext reg=ular mecling of the F.xecutive/Adininis4ration Committee ivill Ge held on Thursday, June 2, 2011 at the SCAG Los Angeles Of�ee. �.� SOUTHERNCALIFORNIA LC �' -�� A550UATIONOfGOVERNMENTS TRANSPORTATION COMMITTEE AGENDA ApR�r., 7, 2011 The Transportation Committee naay consider and act upon any of the itenzs listed on the agenda regardless of whetlzer they are fisted as iraforntation or action items. CALL TO OI2D�R & PL�DG� QI' ALLEGIANC� (Hon. Greg 1'ettis, Chair) �L�C7'TON OT CHAIR AND VIC�-CI3AIR I'UI3LIC COMM�N'I' 1'ERIOD — Members of the public desiring to speak on items on the agenda, oy items not on the agenda, but within the purview of the Transportation Committee, must filt out and prese��t a speaker's carcl to the Assistanf prior to speaking. Comments will be limited to three minutes. The C6air may limit the total fime for all comments to twenty minutes. Tt�VIGW AND PRIORITIZL<' AG�NDA ITEMS COIV51CN7' CALL+'NDAR Time Pase No. Approval Items 1. Minutes of the March 3, 2011 Meetine Attachment 1 INFORMATION IT�MS 2. Prelimiaai��Anal si� s of Existine Transit Services for the 2012 Attachment 20 mins. 7 Reaionat Transportatio�� Plan (RTPl Preparatian (Steve Foz, SCAG Staf� 3. City of Los AnQeles 2010 Bicvcle Plan Attachanent 20 mins. 20 (Alan T'hompson, SCAG Staffj CHAIR'S 12�POR'T STATF IiEPORT (Naresh Ainatya, SCAG Staf,fl FUT'UR� AGGNI)A ITGMS Any Committee member ar staff desiring to place items on a future agenda may make such a request. ANNOUNC�MEIVTS AD,TOURNM�NT Tlae Transportation Coinmittee wilt adjourn to the./oint Policy Cornntittee MeeCing at I0:00 a.nz. i�i the SCAG lionrd Roonr. Tltere ivi!/ be r:o »reeti�ig ifi May due to SCAG's Regzoira/ Confereuce nrrr/ Ger:erm/ Assembly. The next regular n:eeting of the Transpa4tttior: Comrrtittee will be heCd on Thursday, June 2, 2077 at the SCAG l.os Angeles Office. � SOOTfiERNCALIfORNIA � ASSOCIATION of COVERNMExTS Jo�NT M�c�cTrNG oF TxE EGIONAL CODNCTL, COMMUNITY, ECONOMIC & HUMAN DEV�LQPM�NT ENERGY & ENVIRONMENT AND TRANSPORTATION POLICY COMMITT��S AG�NDA Arxir, 7, 2011 cA�L ro oRnrz� & rr.�nc�, nr ar.z.�ct�vc�c (Aon. Larry McCul[on, Chair) PCII3LIC COMM�NT P�I2I011 — Members of the public desiring to speak on iterns on the agenda, or items not on the ageoda, but within the purview of the CommiCCee, must CII ouC and present a speaker's card Eo the Assistant prioi• to speaking. Comments will be Iimited to three minutes. The Chair may tiroit the total time for al! comments to twenty minutes. CONSENT CALENDAR INFOItMATION IT7GMS Paee No. 1. IntroducCiott (Httsah Ikhrata, Gxecutive Director) 2. Resettine the Housine Market with Im�lications Por SCAG (Arthur C. Nelson, PhD, I'AICP, Presidentia[ Professor of City & Metropoletan Planning Director, Universily of Utah) 3. Overview of SCAG's 2012 I2e�F�na[ Transoortation Plan/Sustai Comrnunrties Strateg�(RTP/SCS) Development � 4. Update on Subreg��nai Sustainabie Communities Strate ies • Gateway Cities - Nancy Pfeffer, Direr.tor of Regional Planning, Galeivay Cities Council of Govef•�zmeuts • Orange County Council af Governments - David Srmpsorz, L*'xecutive Director, Or•ange County Council of Governments APPROVALIT�M 5. Minutes of the January 6 2071 Me�tine Atfachment 1 AD.TOURNMENT � SOUTHERN CALIFOftNIA I A5SOCIATIONOFGOVERNNIENT$ Item No. 23 Approvals City Attorney 5 Director of Finance City Manager � CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: May 24, 2011 SUBJECT: Police Department Monthly Report The following report reflects the activity of the Temecula Police Department for the month of April 2011. PATROL SERVICES Overall calls for police service ................................................................................................. 2,473 <<Priority One" calls for service ....................................................................................................... 54 Average response time for "Priority One" calls .............................................................4.42 Minutes VOLUNTEERS Volunteer administration hours ................................................................................................... 171 SpecialEvents hours .................................................................................................................. 275 Community Action Patrol (CAP) hours .................................................................................... 1,171 Reserve officer hours (patrol) ......................................................................................................... 8 Traininghours ........................................................................................................................... 1065 TotalVolunteer hours ............................................................................................................ 1,546.5 CRIME PREVENTION Crime prevention workshops /Neighborhood watch meetings conducted ..................................... 3 Residential/Business security surveys conducted .......................................................................... 3 Businessesvisited ...................................................................................................................... 137 Residences/Businesses visited for past crime follow-up ................................................................ 2 StationTour ..................................................................................................................................... 1 Planning Review Projects/Temp Outdoor Use Permits ................................................................ 25 OLD TOWN STOREFRONT Total customers served ............................................................................................................... 264 Setsof fingerprints taken .............................................................................................................. 27 Policereports filed ........................................................................................................................ 28 Citationssigned off ....................................................................................................................... 47 CarSeat Inspections ....................................................................................................................... 0 Totalreceipts ..................................................................................................................... $3,848.00 ............................................................................................................................................................ SPECIAL ENFORCEMENT TEAM (SET TEAM) Onsight felony arrests .................................................................................................................. 13 On sight misdemeanor arrests ........................................................................................................ 2 Felony arrest warrants served ........................................................................................................ 1 Misdemeanor arrest warrants served ............................................................................................. 5 Follow-up investigations ................................................................................................................. 6 Parole/Probation Searches ............................................................................................................ 4 PedestrianChecks ....................................................................................................................... 32 Traffic Stops/Vehicle Checks ....................................................................................................... 11 Crime Free Housing Checks .......................................................................................................... 8 TRAFFIC Citations issued for hazardous violations ................................................................................. 1283 Grant funded D.U.I. / Traffic safety checkpoints ............................................................................. 0 Grant funded traffic click it or ticket ................................................................................................. 0 D.U.I. Arrests ................................................................................................................................. 40 Non-hazardous citations ............................................................................................................. 617 Stop LightAbuse/Intersection Program (S.L.A.P.) citations ....................................................... 226 Neighborhood Enforcement Team (N.E.T.) citations ................................................................... 81 Parkingcitations .......................................................................................................................... 170 SchoolZone ................................................................................................................................ 108 Seatbelts....................................................................................................................................... 84 CellPhone Cites ......................................................................................................................... 252 Injurycollisions .............................................................................................................................. 18 INVESTIGATIONS BeginningCaseload .................................................................................................................... 107 TotalCases Assigned .................................................................................................................. 48 TotalCases Closed ...................................................................................................................... 50 Search Warrants Served ............................................................................................................... 4 Arrest............................................................................................................................................... 5 PROMENADE MALL TEAM Callsfor service ........................................................................................................................... 540 Felonyarrest/filings ......................................................................................................................... 5 Misdemeanor arresUfilings ............................................................................................................ 18 TrafficCitations ............................................................................................................................. 48 Fingerprints/Livescans ................................................................................................................ 115 Totalreceipts ..................................................................................................................... $9,444.00 SCHOOL RESOURCE OFFICERS Felonyarrests ................................................................................................................................. 3 Misdemeanor arrests ...................................................................................................................... 6 Repo rts ........................................................................................................................................ 164 Youthcounseled ........................................................................................................................ 130 Meetings........................................................................................................................................ 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .