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080911 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 AUGUST 9, 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 City Council's designated representatives, Mayor, Mayor pro Tem and City Attorney, regarding salary, compensation, and benefits, and to provide instruction to its designated representatives concerning these matters, for the unrepresented position of City Manager --Nominee pursuant to the authority of Government Code Section 54957.6. The City Council will consider and discuss these matters in a public meeting before taking any action on the approval of salary, compensation and benefits for this unrepresented position. 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: 11-07 Resolution: 11-55 CALL TO ORDER: Mayor Ron Roberts Prelude Music: Jennifer Koong Invocation: Pastor Gary Nelson of Calvary Chapel of Temecula Valley Flag Salute: Council Member Naggar ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts 1 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. CONSENT CALENDAR NOTICE TO THE PUBLIC All matters listed under Consent Calendar are considered to be routine and all will be enacted by one roll call vote. There will be no discussion of these items unless Members of the City Council request specific items be removed from the Consent Calendar for separate action. 1 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 July 26, 2011. 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 2 4 City Treasurer's Report as of June 30, 2011 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of June 30, 2011. 5 Third Amendment with Innovative Document Solutions RECOMMENDATION: 5.1 Approve the Third Amendment between the City of Temecula and Innovative Document Solutions and, thereby, increasing the authorized annual expenditure by $4,000 for a total annual expenditure of $69,000 for 2010-11. 6 First Amendment to the Agreement with Riverside County for Real Property Services - French Valley Parkway/I-15 Overcrossing and Interchange Project — Project Numbers PW02-11 and PW07-04 RECOMMENDATION: 6.1 Approve the First Amendment to the Agreement with the County of Riverside, in an amount of $40,485 for a revised total contract amount of $65,000, to provide additional Real Property Services associated with the French Valley Parkway/I- 15 Overcrossing and Interchange Project— Project Numbers PW02-11/PW07- 04; 6.2 Authorize the City Manager to execute the Agreement. 7 Temporary Street Closures for 2011 Autumn Fest Events RECOMMENDATION: 7.1 Receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2011 Autumn Fest Events: 'FALL ROD RUN' 'RACE FOR THE CURE' 8 Approval of Verizon U.T.A.C. (Underground, Trench, and Conduit) Specifications Agreement and Bill of Sale for Installation of Telecommunications Facilities associated with the Butterfield Stage Road Extension Project — Project No. PW09-02 RECOMMENDATION: 8.1 Approve an agreement with Verizon California Inc. ("Verizon") titled "Verizon California Inc. U.T.A.C. (Underground, Trench, and Conduit) Specifications Agreement" ("Agreement") and Bill of Sale in connection to the Butterfield Stage Road Extension Project — Phase I, Project No PW09-02 and authorize the City Manager to sign the agreement; 3 8.2 Authorize the City Manager to sign the Bill of Sale, transferring ownership of the City -installed telecommunications facilities to Verizon California, Inc. 9 Agreement between NewPath Networks, LLC and the City of Temecula for Right -of -Way Use and Telecommunications Facility Maintenance and Removal RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN FORM OF AGREEMENT ENTITLED "RIGHT- OF-WAY USE AND TELECOMMUNICATIONS FACILITY MAINTENANCE AND REMOVAL AGREEMENT BETWEEN THE CITY OF TEMECULA AND NEWPATH NETWORKS, LLC" 10 Approve the Sponsorship Request for the 2011 Komen Inland Empire Race for the Cure RECOMMENDATION: 10.1 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. 11 City of Temecula Co -Sponsorship Request: March of Dimes March for Babies Fundraiser Walk RECOMMENDATION: 11.1 Authorize the City to become a Marketing Sponsor for the March for Babies Fundraiser Walk. 12 City of Temecula Co -Sponsorship Request: California Mounted Officer's Association Trail Trials Equine Event RECOMMENDATION: 12.1 Authorize the City of Temecula Police Department to become a Marketing Sponsor for the California Mounted Officer's Association (CMOA) Trail Trials Equine Event at Galway Downs. 4 13 Approval of the Temecula Valley Convention & Visitors Bureau FY2011-12 Marketing Agreement RECOMMENDATION: 13.1 Approve that certain agreement entitled "Marketing Agreement Between the City of Temecula and Temecula Valley Convention & Visitors Bureau" for publication and distribution of the Temecula Valley Tourism Rack Brochure/Map; 13.2 Authorize the funding for the Agreement in the amount of $40,000 to the Temecula Valley Convention & Visitors Bureau (TVCVB) for publication and distribution of the Temecula Valley Tourism Rack Brochure/Map. 14 Approve FY2011-12 Economic Development Operating Agreement with the Temecula Valley Chamber of Commerce RECOMMENDATION: 14.1 Approve the Operating Agreement and authorize the Mayor to execute the agreement with the Temecula Valley Chamber of Commerce in the amount of $136,260. 15 First Amendment for DUI Drug and Alcohol Analysis with Bio-Tox Laboratories RECOMMENDATION: 15.1 Approve the First Amendment to the Agreement between City of Temecula and Bio-Tox Laboratories for DUI Drug and Alcohol Screening Services in the amount of $5,000, bringing the total FY2010-11 contract amount to $35,000. 16 Professional Services Agreement for Fehr & Peers to provide consulting services related to the preparation of planning studies for the Caltrans Community-based Transportation Planning Grant - Multi -jurisdictional Transportation Corridor Planning Effort for the Jefferson Avenue Corridor (LR10-0017) RECOMMENDATION: 16.1 Approve Professional Services Agreement for Fehr & Peers in the amount of $189,493.00 for professional planning consulting services related to the preparation of a Multimodal Transportation Plan for the Jefferson Avenue Corridor. 5 17 Appeal of Redevelopment Agency payment amount pursuant to ABX1 27 RECOMMENDATION: 17.1 Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE APPEAL OF THE DEPARTMENT OF FINANCE'S DETERMINATION OF THE FISCAL YEAR 2011-12 REMITTANCE AMOUNT DETERMINED PURSUANT TO HEALTH AND SAFETY CODE SECTION 34194 ****************** 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 ******************** 6 TEMECULA COMMUNITY SERVICES DISTRICT MEETING Next in Order: Ordinance: No. CSD 11-01 Resolution: No. CSD 11-09 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 18 Action Minutes RECOMMENDATION: 18.1 Approve the action minutes of July 26, 2011. 19 Agreement between Melody's Ad Works, Inc. and the Temecula Community Services District for FY2011-12 RECOMMENDATION: 19.1 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 FY2011-12. 19.2 Approve an additional $5,000 as a material reimbursement to be utilized for consultant to procure items at a discounted rate for special events in Old Town. 7 CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT Next regular meeting: Tuesday, August 23, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 8 TEMECULA REDEVELOPMENT AGENCY MEETING Next in Order: Ordinance: No. RDA 11-01 Resolution: No. RDA 11-09 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 20 Action Minutes RECOMMENDATION: 20.1 Approve the action minutes of July 26, 2011. RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT Next regular meeting: Tuesday, August 23, 2011, at 5:30 P.M., for a Closed Session, with regular session commencing at 7:00 PM., City Council Chambers, 41000 Main Street, Temecula, California. 9 TEMECULA HOUSING AUTHORITY MEETING - no meeting TEMECULA PUBLIC FINANCING AUTHORITY MEETING - no meeting RECONVENE TEMECULA CITY COUNCIL CITY COUNCIL BUSINESS 21 Emergency Management Program Update — at the request of Council Member Naggar RECOMMENDATION: 21.1 Receive the staff report and provide comments as appropriate. CITY MANAGER REPORT CITY ATTORNEY REPORT ADJOURNMENT Next regular meeting: Tuesday, August 23, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. NONCE 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.cityoftemecula.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 JULY 26, 2011 — 7:00 PM 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 City Attorney pursuant to Government Code Section 54956.9(c) to decide whether to initiate litigation on behalf of the City and the Redevelopment Agency. With respect to such matter, the City Attorney has determined that a point has been reached where there is a significant exposure to litigation involving the City and Redevelopment Agency based on existing facts and circumstances. 2. Conference with City Council's designated representatives, Mayor, Mayor pro Tem and City Attorney, regarding salary, compensation, and benefits, and to provide instruction to its designated representatives concerning these matters, for the unrepresented position of City Manager --Nominee pursuant to the authority of Government Code Section 54957.6. The City Council will consider and discuss these matters in a public meeting before taking any action on the approval of salary, compensation and benefits for this unrepresented position. 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 6:00 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. CALL TO ORDER: Mayor Roberts Prelude Music: Leon Palaganas Invocation: Pastor Tiffany Baker of The Empowerment Center Flag Salute: Council Member Comerchero ROLL CALL: Comerchero, Edwards, Naggar, Washington, Roberts Action Minutes1072611 1 PRESENTATIONS/PROCLAMATIONS Presentation to Richard Olson by Senator Anderson's Office Presentation to City by Plein Air, Purchase Award Winner Jack Ragland PUBLIC COMMENTS Donald Lambert addressed the City Council Members. CITY COUNCIL REPORTS CONSENT CALENDAR 1 Standard Ordinance and Resolution Adoption Procedure — Approved Staff Recommendation (5-0-0) — Council Member Edwards 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. 2 Action Minutes — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 2.1 Approve the action minutes of July 12, 2011. 3 List of Demands — Approved Staff Recommendation (5-0-0) — Council Member Edwards 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. 11-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A Action Minutes1072611 2 4 City Treasurer's Statement of Investment Policy — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 4.1 Adopt the Treasurer's Statement of Investment Policy which provides safety, liquidity, compliance, and yield for City funds. 5 Acceptance of Improvements and Notice of Completion for Closed Circuit Television (CCTV) Installation on Temecula Parkway — Project No. PW07-07 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 5.1 Accept the construction of the Closed Circuit Television (CCTV) Installation on Temecula Parkway — Project No. PW07-07, as complete; 5.2 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; 5.3 Release the Materials and Labor Bond seven months after filing of the Notice of Completion if no liens have been filed. 6 Acceptance of Improvements and Notice of Completion for the Pavement Rehabilitation Program, Nicolas Road — Project No. PW10-05c — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 6.1 Accept the construction of the Pavement Rehabilitation Program, Nicolas Road — Project No. PW10-05c, 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. Action Minutes1072611 3 7 Professional Service Agreements for various services required by the Public Works Capital Improvement Projects Division for fiscal year 2011-12 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 7.1 Approve the following agreements for Property Appraisal services, Geotechnical and Material Testing services, and Engineering and Survey services for various Capital Improvements Projects (CIP) Division project needs for fiscal year 2011- 12, in the amounts stated: Appraisal Services: CPSI, Inc. $50,000 Overland, Pacific & Cutler, Inc. $50,000 Epic Land Solutions $50,000 Geotechnical Services: Converse Consultants Construction, Testing & Engineering Leighton Consulting, Inc. Engineering and Survey Services: RBF Consulting Harris & Associates, Inc. $100,000 $100,000 $100,000 $100,000 $100,000 8 Award of a Construction Contract for the Pavement Rehabilitation Program, Margarita Road Project 1 — Project No. PW10-08 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 8.1 Award a construction contract for the Pavement Rehabilitation Program, Margarita Road Project 1 — Project No. PW10-08, to R.J. Noble Company in the amount of $2,843,759.99; 8.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $284,376, which is equal to 10% of the contract amount; 8.3 Make a finding that the Pavement Rehabilitation Program, Margarita Road Project 1 is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. Action Minutes1072611 4 9 Award of a Construction Contract for the Pavement Rehabilitation Program, Winchester Road — Project No. PW10-11 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 9.1 Award the construction contract for the Pavement Rehabilitation Program, Winchester Road — Project No. PW10-11, to RJ Noble Company in the amount of $1,178,654.50; 9.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $117,865.45 which is equal to 10% of the contract amount; 9.3 Make a finding that the Winchester Road project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. 10 Approval of the Plans and Specifications and Authorization to Solicit Construction Bids for Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System — Project No. PW05-11 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 10.1 Approve the plans and specifications and authorize the Department of Public Works to solicit construction bids for the Pedestrian/Bicycle Bridge Over Santa Gertrudis Creek to Chaparral High School and City Trail System — Project No. PW05-11. 11 Benefit Concert, Co -Sponsorship Request — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION Approve a co-sponsorship agreement with Collaborative Community Education, Inc. (Context Schools of Temecula) for a Steve Miller "Cross -Over" Rock Symphony event in Old Town Temecula, contingent upon Context Schools ability to secure the funding necessary to cover the cost of event logistics. 12 Second Reading of Ordinance No. 11-05 — Approved Staff Recommendation (5-0-0) — Council Member Edwards made the motion; it was seconded by Council Member Comerchero; and electronic vote reflected unanimous approval. RECOMMENDATION: 12.1 Adopt an ordinance entitled: Action Minutes1072611 5 ORDINANCE NO. 11-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS At 7:17 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 7:25 P.M., the City Council resumed with regular business. CITY COUNCIL BUSINESS 24 Amendment to CaIPERS Contract — Approved Staff Recommendation (5-0-0) — Council Member Comerchero made the motion; it was seconded by Council Member Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 24.1 Adopt a resolution entitled: RESOLUTION NO. 11-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA DECLARING ITS INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 24.2 Introduce and read by title only an ordinance entitled: ORDINANCE NO. 11-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF TEMECULA AND THE BOARD OF ADMINISTRATION, CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM 24.3 Certify PERS Form CON -12, Certification of Governing Body's Action; 24.4 Certify PERS Form CON -30, Certification of Compliance with Government Code Section 20475. Action Minutes1072611 6 DEPARTMENTAL REPORTS CITY MANAGER REPORT CITY ATTORNEY REPORT City Attorney Thorson advised that there were no reportable actions. ADJOURNMENT At 7:28 P.M., the City Council meeting was formally adjourned to Tuesday, August 9, 2011, at 5:30 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 Minutes1072611 7 Item No. 3 Approvals City Attorney Director of Finance City ManagerOCL ffile-r. fie. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: August 9, 2011 SUBJECT: List of Demands PREPARED BY: Pascale Brown, Accounting Manager Jill Dickey, 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 CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the following claims and demands as set forth in Exhibit A, on file in the office of the City Clerk, has been reviewed by the City Manager's Office and that the same are hereby allowed in the amount of $9,350,212.94 Section 2. The City Clerk shall certify the adoption of this resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of August, 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 9th day of August, 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 07/21/2011 TOTAL CHECK RUN 07/28/2011 TOTAL CHECK RUN 07/21/2011 TOTAL PAYROLL RUN: $ 4,712,912.50 4,178,808.73 458,491.71 TOTAL LIST OF DEMANDS FOR 08/09/2011 COUNCIL MEETING: $ 9,350,212.94 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL FUND $ 1,872,543.15 130 RECOVERY ACT JAG FUNDING 802.57 165 AFFORDABLE HOUSING 1,520,996.97 190 TEMECULA COMMUNITY SERVICES DISTRICT 411,391.82 192 TCSD SERVICE LEVEL B 279.06 194 TCSD SERVICE LEVEL D 2,886,831.19 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 9,160.97 197 TEMECULA LIBRARY FUND 14,078.67 210 CAPITAL IMPROVEMENT PROJECTS FUND 280,041.40 280 REDEVELOPMENT AGENCY - CIP PROJECT 27,331.72 300 INSURANCE FUND 1,631.94 320 INFORMATION TECHNOLOGY 42,230.34 330 SUPPORT SERVICES 3,624.32 340 FACILITIES 19,228.27 375 SUMMER YOUTH EMPLOYMENT PROGRAM 89.46 380 RDA DEBT SERVICE FUND 1,774,226.26 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 1,060.27 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 896.13 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 351.72 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 217.57 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 1,117.54 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 701.61 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 504.55 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 3,992.85 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 855.25 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 604.72 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 52.03 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 3,900.57 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 142.45 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 1,171.40 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 11.13 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 1,489.09 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 79.07 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 2,548.29 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 288.74 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 5,216.57 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 234.33 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 22.93 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 6.08 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 221.04 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 735.83 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 61.88 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 435.05 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 194.27 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 120.16 $ 8,891,721.23 CITY OF TEMECULA LIST OF DEMANDS 001 GENERAL FUND $ 245,786.54 165 AFFORDABLE HOUSING 10,140.53 190 TEMECULA COMMUNITY SERVICES DISTRICT 143,348.96 192 TCSD SERVICE LEVEL B 389.17 194 TCSD SERVICE LEVEL D 1,612.64 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 1,147.44 197 TEMECULA LIBRARY FUND 1,299.85 280 REDEVELOPMENT AGENCY - CIP PROJECT 6,409.28 300 INSURANCE FUND 1,344.37 320 INFORMATION TECHNOLOGY 24,418.29 330 SUPPORT SERVICES 6,320.50 340 FACILITIES 13,091.88 375 SUMMER YOUTH EMPLOYMENT PROGRAM 655.36 501 SERVICE LEVEL"C"ZONE 1 SADDLEWOOD 92.88 502 SERVICE LEVEL"C"ZONE 2 WINCHESTER CREEK 62.27 503 SERVICE LEVEL"C"ZONE 3 RANCHO HIGHLANDS 73.82 504 SERVICE LEVEL"C"ZONE 4 THE VINEYARDS 13.51 505 SERVICE LEVEL"C"ZONE 5 SIGNET SERIES 149.95 506 SERVICE LEVEL"C"ZONE 6 WOODCREST COUNTRY 27.31 507 SERVICE LEVEL"C"ZONE 7 RIDGEVIEW 38.49 508 SERVICE LEVEL"C"ZONE 8 VILLAGE GROVE 254.68 509 SERVICE LEVEL"C"ZONE 9 RANCHO SOLANA 2.07 510 SERVICE LEVEL"C"ZONE 10 MARTINIQUE 11.56 511 SERVICE LEVEL"C"ZONE 11 MEADOWVIEW 7.07 512 SERVICE LEVEL"C"ZONE 12 VINTAGE HILLS 169.78 513 SERVICE LEVEL"C"ZONE 13 PRESLEY DEVELOP. 36.15 514 SERVICE LEVEL"C"ZONE 14 MORRISON HOMES 20.79 515 SERVICE LEVEL"C"ZONE 15 BARCLAY ESTATES 18.31 516 SERVICE LEVEL"C"ZONE 16 TRADEWINDS 42.40 517 SERVICE LEVEL"C"ZONE 17 MONTE VISTA 3.50 518 SERVICE LEVEL"C"ZONE 18 TEMEKU HILLS 157.33 519 SERVICE LEVEL"C"ZONE 19 CHANTEMAR 84.17 520 SERVICE LEVEL"C"ZONE 20 CROWNE HILL 228.16 521 SERVICE LEVEL"C"ZONE 21 VAIL RANCH 386.31 522 SERVICE LEVEL"C"ZONE 22 SUTTON PLACE 9.61 523 SERVICE LEVEL"C"ZONE 23 PHEASENT RUN 10.22 524 SERVICE LEVEL"C"ZONE 24 HARVESTON 217.27 525 SERVICE LEVEL"C"ZONE 25 SERENA HILLS 70.10 526 SERVICE LEVEL"C"ZONE 26 GALLERYTRADITION 3.16 527 SERVICE LEVEL"C"ZONE 27 AVONDALE 10.22 528 SERVICE LEVEL"C"ZONE 28 WOLF CREEK 320.30 529 SERVICE LEVEL"C"ZONE 29 GALLERY PORTRAIT 5.51 458,491.71 TOTAL BY FUND: $ 9,350,212.94 apChkLst Final Check List Page: 1 07/21/2011 1:37:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 1739 07/21/2011 000389 NATIONWIDE RETIREMENT OBRA- Project Retirement Payment 5,545.26 5,545.26 SOLUTION 1740 07/21/2011 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 11,716.23 11,716.23 SOLUTION 1741 07/21/2011 000444 INSTATAX (EDD) State Disability Ins Payment 26,010.88 26,010.88 1742 07/21/2011 000283 INSTATAX (IRS) Federal Income Taxes Payment 89,830.96 89,830.96 1743 07/21/2011 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 135,914.13 135,914.13 RETIREMENT) 1744 07/21/2011 010349 CALIF DEPT OF CHILD Support Payment 738.45 738.45 SUPPORT 1745 07/21/2011 000444 INSTATAX (EDD) UI & ETT 2ND QTR 2011 TAX PMT 16,147.14 16,147.14 146726 07/18/2011 001035 TEMECULA ENVIRONMENTAL Jan -Jun 11 trash hauling services 2,885,351.04 2,885,351.04 146727 07/20/2011 003203 ARTISTIC EMBROIDERY Uniforms &jackets: csd staff 835.20 835.20 146728 07/20/2011 003203 ARTISTIC EMBROIDERY Promo items:film & concert series 1,978.96 1,978.96 146729 07/20/2011 003203 ARTISTIC EMBROIDERY Uniforms &jackets: csd staff 508.95 508.95 146730 07/20/2011 003203 ARTISTIC EMBROIDERY Embroidery svc:summer concert logo 838.13 838.13 146731 07/20/2011 003203 ARTISTIC EMBROIDERY Uniforms &jackets: csd staff 265.07 265.07 146732 07/20/2011 003203 ARTISTIC EMBROIDERY Uniforms &jackets: csd staff 147.62 147.62 146733 07/21/2011 011347 A F S INC Veh emissions BACT tests: PW maint 15,695.11 15,695.11 146734 07/21/2011 013367 ACTIVE MICRO INC Elect supplies: var park sites 347.56 347.56 146735 07/21/2011 010851 ADAMIAK, DAWN reimb:FAM supplies:obstacle course chal. 313.16 313.16 Pagel apChkLst Final Check List Page: 2 07/21/2011 1:37:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146736 07/21/2011 004802 ADLERHORST INTERNATIONAL June K-9 Training:Tem Police Stn 283.34 INC K-9 Training aid:Tem Police Stn 71.23 354.57 146737 07/21/2011 009010 ALEXANDER PACIFIC Upgrade sgl phase power: FS#73 680.00 680.00 146738 07/21/2011 009033 ALLEN, STEVEN L. photo svcs:4th of July Parade 7/4 300.00 300.00 146739 07/21/2011 004422 AMERICAN BATTERY Signal batteries:PW Traffic Div 480.57 480.57 CORPORATION 146740 07/21/2011 004240 AMERICAN FORENSIC NURSES 2/23-313 DUI & alcohol screening 410.80 (AFN) 2/27-3/12 DUI & alcohol screening 575.12 985.92 146741 07/21/2011 001947 AMERIGAS Propane refill: Fire Stn 73 416.32 416.32 146742 07/21/2011 001323 ARROWHEAD WATER INC 146743 07/21/2011 011961 AT&T MOBILITY 146744 07/21/2011 007065 B & H PHOTO VIDEO INC June bottled water svc: Skate Park 13.02 June Bottled water svc: PBSP 40.22 June Bottled water svc: TES pool 3641 June Bottled water svc: Theater 35.68 June Bottled water svc: C. Museum 27.70 June Bottled water svc: Aquatics CHS 86.28 June Bottled water svc: Museum 18.65 June Bottled water svc: CRC 100.29 June Bottled water svd: TCC 13.95 June Bottled water svc: FOC 122.91 June Bottled water svc: Library 63.61 June Bottled water svc: CM ofc 31A8 590.20 June Trip Wire Graffitti:Police 135.68 135.68 COMMUNICATION EQUIP:CIVIC 3,269.00 3,269.00 CENTER 146745 07/21/2011 004040 BIG FOOT GRAPHICS Logo design: Aging Summit 6/29 500.00 TCSD instructor earnings 1,487.50 1,987.50 146746 07/21/2011 004262 BIO-TOX LABORATORIES Dec DUI & alcohol screening:Police 734.52 734.52 146747 07/21/2011 014324 BRIGHT, LINDA KAY refund:sec dep:rm rental: TCC 150.00 150.00 146748 07/21/2011 012089 CAFE DANIEL INC Refreshments:4th of July Parade 7/4 700.00 700.00 146749 07/21/2011 003138 CAL MAT Asphalt street repairs:PW: citywide 389.45 389.45 Page2 apChkLst Final Check List Page: 3 07/21/2011 1:37:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146750 07/21/2011 010939 CALIF DEPT OF INDUSTRIAL annual classification fee:CRC water 25.00 25.00 146751 07/21/2011 004248 CALIF DEPT OF June '08 blood alcohol analysis 35.00 35.00 JUSTICE-ACCTING 146752 07/21/2011 004566 CALIF DEPT -TOXIC SUB toxic sub fee:CAL000263633/34/35 600.00 600.00 CONTROL 146753 07/21/2011 000131 CARL WARREN &COMPANY LIABILITY CLAIMS MGMT 913.80 913.80 INC SVCS:FINANCE DEPT 146754 07/21/2011 007977 CHILDS, NORMA EE computer pgrm: Childs, N. 428.85 428.85 146755 07/21/2011 004405 COMMUNITY HEALTH Community Health Charities Payment 62.00 62.00 CHARITIES 146756 07/21/2011 006303 CONDUIT NETVVORKS, INC Audio visual svcs:Childrens Museum 13,125.62 13,125.62 146757 07/21/2011 001264 COSTCO WHOLESALE Misc supplies: Aging Summit 6/29 489.26 489.26 146758 07/21/2011 010650 CRAFTSMEN PLUMBING & Facility maint: History Museum 1,550.00 HVAC INC Fac maint & repair: OT Theater 13,906.00 15,456.00 146759 07/21/2011 011870 CRIME SCENE STERI-CLEAN, Biohazard clean-up:TE1102601151/26 500.00 500.00 LLC 146760 07/21/2011 011027 DEL RIO ENTERPRISE INC. Silt removal:pauba ridge park 21,351.00 21,351.00 146761 07/21/2011 003945 DIAMOND ENVIRONMENTAL RESTROOM SVCS: STREET PAINTING 600.00 600.00 SRVCS 146762 07/21/2011 002390 EASTERN MUNICIPAL WATER July water meter: 39569 Seraphina Rd 428.97 428.97 DIST 146763 07/21/2011 004068 ECALDRE MANALILI-DE VILLA, TCSD Instructor Eamings 409.50 AILEEN TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings TCSD Instructor Eamings 146764 07/21/2011 011202 EMH SPORTS & FITNESS TCSD instructor earnings INSTITUTE 378.00 252.00 126.00 330.75 362.25 173.25 2,031.75 1,424.50 1,424.50 Pages apChkLst Final Check List Page: 4 07/21/2011 1:37:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146765 07/21/2011 003665 EXCEL COMMERCIAL June long distance phone svcs 53.91 53.91 146766 07/21/2011 001056 EXCEL LANDSCAPE June Ldscp maint: Rancho Solana 746.20 June Ldscp maint/repair:marg median 19,685.00 June Ldscp maint: Library 982.00 June Irrig repairs/maint:corte cantera 110.34 June Irrig repairs/maint:rncho highlands 306.84 June Irrig repairs/maint:Pavillion 287.42 June Irrig repairs/maint:Harveston 89.28 June Irrig repairs/maint: FS#84 267.88 June Irrig repairs/maint:Old Town 102.84 June Irrig repairs/maint:Villages & 516.39 June Irrig repairs/maint:Sports Park 537.26 June Irrig repairs/maint: TCC 106.56 June Irrig repairs/maint:Presley 120.56 June Irrig repairs/maint:Tradewinds 337.47 24,196.04 146767 07/21/2011 014325 FERNANDEZ, GUADALUPE refund:sec dep:kitchen rental:TCC 400.00 400.00 146768 07/21/2011 002982 FRANCHISE TAX BOARD SUPPORT PMT 408.36 408.36 146769 07/21/2011 002982 FRANCHISE TAX BOARD SUPPORT PMT 50.00 50.00 146770 07/21/2011 003946 G T ENTERTAINMENT Entertainment:4th of July Parade 7/4 300.00 300.00 146771 07/21/2011 001937 GALLS INC Uniforms:Police:Corp Brian Deloss 2.00 2.00 146772 07/21/2011 013552 GANDS PRODUCTIONS LLC settlmnt:Country...Merc 7/16 765.00 765.00 146773 07/21/2011 011351 GBA MASTER SERIES, INC. Remote assistance proj:IT 230.00 230.00 146774 07/21/2011 014234 GEARS 2 ROBOTS, LLC TCSD instructor earnings 1,232.00 TCSD instructor earnings 1,155.00 2,387.00 146775 07/21/2011 014224 GIARRUSSO, MICHAEL P settlmnt:Reach...Merc 7/15 430.74 430.74 146776 07/21/2011 014319 HARRIS, JAN refund:sec dep:rm rental:CRC 150.00 150.00 146777 07/21/2011 014320 HATCH ETT, SHERRI refund:First Aid 8300.201 20.00 20.00 146778 07/21/2011 012204 HERITAGE FAMILY MINISTRIES TCSD Instructor Eamings 4,200.00 TCSD Instructor Eamings 21.88 4,221.88 Page4 apChkLst Final Check List Page: 5 07/21/2011 1:37:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146779 07/21/2011 007792 HINTON, BEVERLY L. TCSD instructor earnings 108.00 TCSD instructor earnings 162.00 TCSD instructor earnings 108.00 TCSD instructor earnings 224.00 602.00 146780 07/21/2011 000194 I C M A RETIREMENT -PLAN I C M A Retirement Trust 457 Payment 5,035.38 5,035.38 303355 146781 07/21/2011 004406 IGOE & COMPANY INC June flex benefit plan pmt 205.00 205.00 146782 07/21/2011 013420 INGRAM LIBRARY SERVICES Collection: Tem Public Library 4245 42.45 INC 146783 07/21/2011 005579 INLAND EMPIRE PROPERTY June weed abatement: Code Enf 37,136.30 37,136.30 146784 07/21/2011 013695 INLAND EMPIRE SHRED IT 6/28 doc shred svc:Civic Center 909.50 909.50 146785 07/21/2011 000501 INTL INSTITUTE OF MUNICIPAL annual mbrshp fees:SJ,MB,GF 350.00 350.00 146786 07/21/2011 013200 JAROTH INC Aug pay phone:OT bus depot:RDA 82.64 82.64 146787 07/21/2011 012285 JOHNSTONE SUPPLY OEM Broan motor replace: FS#73 116.96 116.96 146788 07/21/2011 004546 KING, JAMES N. Entertainment:hot summer nights 7/22 1,250.00 1,250.00 146789 07/21/2011 003605 LAKE ELSINORE STORM Game tickets:mother/son date night 7/27 1,332.50 1,332.50 146790 07/21/2011 004412 LEANDER, KERRY D. TCSD instructor earnings 73.50 TCSD instructor earnings 2,131.50 2,205.00 146791 07/21/2011 009362 LIEVENSE, ANDREA L. refund:4th of July parade 4444.102 25.00 25.00 146792 07/21/2011 011003 LINE MASTER ENGINEERING Equip repair & maint: PW 1,167.14 1,167.14 INC 146793 07/21/2011 004813 M & J PAUL ENTERPRISES INC Inflatable jumpers:summer day camp 1,000.00 1,000.00 146794 07/21/2011 004141 MAINTEX INC Custodial supplies:City fac's 1,901.65 1,901.65 146795 07/21/2011 014323 MARTINEAU, SCOTT refund:Football skills 1820.201 120.00 120.00 Pages apChkLst Final Check List Page: 6 07/21/2011 1:37:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146796 07/21/2011 011179 MC MILLIN REDHAWK LLC 146797 07/21/2011 006571 MELODYS AD WORKS INC. 146798 07/21/2011 000973 MIRACLE RECREATION EQUIPMENT 146799 07/21/2011 001986 MUZAK -SOUTHERN CALIFORNIA 146800 07/21/2011 013634 MYRA LINN ELEMENTARY Description Amount Paid Check Total TCSD Instructor Eamings TCSD Instructor Eamings 472.50 28.00 500.50 Jul mrktg & promo srvcs:old town 6,000.00 reimb:marketing & promo items 273.53 6,273.53 Var parks playground equipment 193.49 193.49 Jul music broadcast:Old Town 72.11 72.11 refund:overpmt on acct-com srvc 185.50 185.50 146801 07/21/2011 002925 NAPA AUTO PARTS Misc parts & supplies:pw maint 18.07 Auto parts & misc supplies:PW Maint 1,325.93 Misc parts & supplies:pw maint 643 1,350.43 146802 07/21/2011 008820 NEIGHBORS NEWSPAPER Jul advertising:hot summer nights 250.00 250.00 146803 07/21/2011 010507 NEW ENGLAND HISTORIC Software renewal:library 150.00 150.00 146804 07/21/2011 002139 NORTH COUNTY TIMES Jun displayads:TCSD 458.16 Jun ads:PW/Pln/City Clerk 1,906.56 2,364.72 146805 07/21/2011 000472 PARADISE CHEVROLET CADILLAC 146806 07/21/2011 012948 PAVEMENT COATINGS COMPANY 146807 07/21/2011 012833 PC MALL GOV, INC. VEHICLE REPAIR: MEDICS 44.18 44.18 credit:billing adjustment -3,007.48 release retention:Slurry Seal 38,259.87 35,252.39 Misc computer supplies: Info Tech Misc computer supplies: Library Misc computer supplies: Info Tech 146808 07/21/2011 014048 PERREAULT, MIKE P. Entertainment:summer concert pgrm 7/28 146809 07/21/2011 014318 PETERS, PERRY refund:4th of July vendor 4445.201 146810 07/21/2011 002498 PETRA GEOTECHNICAL INC May geotech srvcs:trf sgnl R.C. © Yukon 146811 07/21/2011 003200 PIN CENTER, THE Eagle Scout Pins:city council 120.64 260.98 734.07 1,400.00 25.00 860.00 1,115.69 1,400.00 25.00 860.00 382.00 382.00 Pages apChkLst Final Check List Page: 7 07/21/2011 1:37:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146812 07/21/2011 010338 POOL & ELECTRICAL PRODUCTS INC 146813 07/21/2011 000254 PRESS ENTERPRISE COMPANY INC Description Amount Paid Check Total Pool supplies & chemicals:citywide 185.89 Pool supplies & chemicals:citywide 457.56 Pool supplies & chemicals:citywide 84.59 Pool supplies & chemicals:citywide 233.97 962.01 7/22-7/19 subscr:PW 6178628 169.00 169.00 146814 07/21/2011 012904 PRO ACTIVE FIRE DESIGN Jun plan ck srvcs:Fire Prev 146815 07/21/2011 005075 PRUDENTIAL OVERALL SUPPLY 146816 07/21/2011 000262 RANCHO CALIF WATER DISTRICT JUN UNIFORM/FLR MTS/TWL RENTALS:VAR.DEPT Jun flr mats/twl rentals:Civic Center 5,400.50 5,400.50 1,298.80 795.20 June water meter Indscp:Calle Elenita 61.99 June var water meters:41951 Moraga July var water meters:TCSD svc lev C 146817 07/21/2011 002110 RENTAL SERVICE Equip rental & maint:pw maint CORPORATION Equip rental & maint:pw maint div Equip rental & maint:pw maint div Equip rental:fire prevention 1,717.65 22,769.08 14.54 21.98 28.36 221.32 2,094.00 24,548.72 286.20 146818 07/21/2011 004498 REPUBLIC INTELLIGENT Traffic sgnl repair& maint:PWTraf6/23 2,543.43 Traffic sgnl repair & maint:PW Traf 6/22 2,094.33 Traffic sgnl repair & maint:Old Town 1,042.74 5,680.50 146819 07/21/2011 006607 RICHMOND AMERICAN HOMES refund:bldg perm:B10-1986:sq ft changed 50.42 50.42 146820 07/21/2011 000418 RIVERSIDE CO CLERK & ntc exemption:pvmnt rehab-Wnchstr Rd 64.00 64.00 RECORDER 146821 07/21/2011 000411 RIVERSIDE CO FLOOD encroachment permit: F.V. Pkwy Intrchg 3,000.00 3,000.00 CONTROL 146822 07/21/2011 013169 SCHINSKY, WILLIAM C. JUN EXHIBIT ID & CATALOGING:T. 211.50 211.50 MUSEUM 146823 07/21/2011 010089 SECURITAS SECURITYSRVCS Jun security srvcs:Harveston Lake Park 1,050.00 1,050.00 USA 146824 07/21/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PMT 440.23 440.23 CENTRAL 146825 07/21/2011 008529 SHERIFFS CIVIL DIV- SUPPORT PMT 200.00 200.00 CENTRAL Page:7 apChkLst Final Check List 07/21/2011 1:37:32PM CITY OF TEMECULA Page: 8 Bank : union UNION BANK OF CALIFORNIA Check # Date Vendor 146826 07/21/2011 008529 SHERIFFS CIVIL DIV - CENTRAL 146827 07/21/2011 009213 SHERRY BERRY MUSIC 146828 07/21/2011 009746 SIGNS BYTOMORROW 146829 07/21/2011 004814 SIMON WONG ENGINEERING INC 146830 07/21/2011 009013 SISQUOC, LORENE A 146831 07/21/2011 000645 SMART & FINAL INC 146832 07/21/2011 000537 SO CALIF EDISON 146833 07/21/2011 001212 SO CALIF GAS COMPANY 146834 07/21/2011 005244 SOCIETY FOR HUMAN RESOURCE MGM 146835 07/21/2011 000519 SOUTH COUNTY PEST CONTROL INC 146836 07/21/2011 014322 SPECTRUM 146837 07/21/2011 005786 SPRINT 146838 07/21/2011 013457 ST CLAIR, DELENE 146839 07/21/2011 013387 SWEEPING UNLIMITED INC 146840 07/21/2011 014321 TEMECULA HYUNDAI (Continued) Description Amount Paid Check Total SUPPORT PMT Jazz © the Merc 7/14/11 Two Banners:recycle clean-up event MAY BRIDGE ENG SRVCS:MAIN ST BRIDGE Presentation:history museum camp Misc supplies:emp recognition Misc supplies:emp recognition Misc supplies:mpsc/high hopes prgm June 2-26-887-0789:40233 Village PED June 2-30-296-9522:31035 Rncho vista June 2-27-560-0625:32380 Deerhollow June 2-30-099-3847:29721 Ryecrest June 2-00-397-5059:Comm Svc Utl June 2-29-974-7568:26953 Ynez TC -1 June 2-31-419-2659:26706 Ynez TC -1 June 2-31-693-9784:26036 Ynez TC -1 June 2-28-171-2620:40820 Winchester July 015-575-0195-2:32211 Wolf vly rd July 055-475-6169-5: PBSP 8/1-7/31 mbrshp:D.Lanier 00516994 Jun pest control srvcs:City fac's refund:void bl perm:B11-0350:chgd contr May 26 - June 25 cellular usage/equip Entertainment:summer concert pgrm 7/21 Jul sweeping:Parking Structure refund:B11-0820:minor scope of work 100.00 626.00 468.06 9,862.31 200.00 43.09 174.59 152.27 2,212.37 275.13 2,287.56 23.46 5,371.56 96.92 79.96 368.96 1,281.90 145.75 119.13 180.00 641.00 3,683.68 5,637.58 1,000.00 500.00 5,475.76 100.00 626.00 468.06 9,862.31 200.00 369.95 11,997.82 264.88 180.00 641.00 3,683.68 5,637.58 1,000.00 500.00 5,475.76 Pages apChkLst Final Check List Page: 9 07/21/2011 1:37:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146841 07/21/2011 010493 TEMECULA TOWNE CENTER ASSOC LP 146842 07/21/2011 011736 TEMECULA TROPHY INC 146843 07/21/2011 003067 TEMECULA VALLEY R V SERVICE 146844 07/21/2011 014300 THEATER 16, INC. 146845 07/21/2011 010276 TIME WARNER CABLE 146846 07/21/2011 004124 TRUELINE 146847 07/21/2011 000325 UNITED WAY 146848 07/21/2011 004261 VERIZON Description Amount Paid Check Total Jul lease payment:pd mall office name plate: M. Heslin Equip repair & maint:Police Entertainment:hot summer nights July high speed internet:32211 Wolf vly Facility repair & maint:hockey arena United Way Charities Payment Julyxxx-5473 gen usage:Moraga Rd Julyxxx-0073 general usage Julyxxx-6084 general usage Julyxxx-3143 gen usage:PD overind ofc Julyxxx-0074 general usage Julyxxx-0714 gen usage:PD mall alarm Julyxxx-3564 general usage Julyxxx-8573 general usage Julyxxx-5072 general usage Julyxxx-0682 general usage July xxx-2372 gen usage:wolf crk irrig 1,458.33 1,458.33 21.75 21.75 345.71 345.71 250.00 250.00 102.17 102.17 2,592.50 2,592.50 63.00 63.00 41.19 88.91 35.58 43.27 213.30 68.40 36.91 36.91 1,665.61 82.26 36.90 2,349.24 146849 07/21/2011 004789 VERIZON ONLINE July Internet svcs:Theater 134.99 July Internet svcs: Civic Center 275.09 410.08 146850 07/21/2011 003089 WAKEFIELD COMPANY, THE Trash receptacles:harveston park 4,995.39 4,995.39 146851 07/21/2011 013010 WALKER, CHARLES ee computer purchase prgm 572.42 572.42 146852 07/21/2011 001342 WAXIE SANITARY SUPPLY INC credit:items retumedNar parks -9.67 Janitorial supplies:Civic Center 184.40 174.73 146853 07/21/2011 003730 WEST COAST ARBORISTS INC 6/1-15 tree trimming srvcs:PW Maint Tree maint srvcs: parks/medians Tree removal srvcs:martinique Tree trimming: city hall Tree maint srvcs: parks/medians 9,602.00 444.00 10,692.00 5,086.00 7,280.00 33,104.00 Page9 apChkLst Final Check List Page: 10 07/21/2011 1:37:32PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor 146854 07/21/2011 013556 WESTERN AUDIOVISUAL 146855 07/21/2011 000621 WESTERN RIVERSIDE COUNCIL OF 146856 07/21/2011 000348 ZIGLER, GAIL Description Amount Paid Check Total Old Town sound sys retrofit 24,966.83 24,966.83 June '11 TUMF Payment 1,157,785.00 1,157,785.00 Reimb:var City event supplies 211.91 211.91 Grand total for UNION BANK OF CALIFORNIA: 4,712,912.50 Pagel 0 apChkLst Final Check List Page: 11 07/21/2011 1:37:32PM CITY OF TEMECULA 138 checks in this report. Grand Total All Checks. 4,712,912.50 Pagel 1 apChkLst Final Check List Page: 1 07/2812011 3:41:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check* Date Vendor Description Amount Paid Check Total 1746 07/27/2011 005460 U S BANK '02 RDA Bonds Debt Service Pmt 1,145,708.13 1,145,708.13 1747 07/27/2011 005460 U S BANK '10 RDA TABS Series B Debt Service Pmt 491,959.90 491,959.90 1748 07/27/2011 005460 U S BANK '11 RDA TABs Series A Debt Service Pmt 454,064.12 454,064.12 1749 07/27/2011 005460 U S BANK '06 RDA TABs A Debt Service Pmt 628,518.13 628,518.13 1750 07/27/2011 005460 U S BANK '10 RDA TABS Series A Debt Service Pmt 258,337.50 258,337.50 1751 07/26/2011 004236 JP MORGAN Tem Gardens annual pledge fund pmt 305,000.00 305,000.00 CHASEMWASH INGTON 146857 07/28/2011 013696 ADRYLAN COMMUNICATIONS Shoretel - Support Ticket:IT Dept 560.00 560.00 INC 146858 07/28/2011 004240 AMERICAN FORENSIC NURSES June DUI & alcohol screening 780.52 (AFN) June DUI & alcohol screening 862.68 1,643.20 146859 07/28/2011 008314 AQUATIC DESIGN GROUP Design svcs:CRC pool waterslide 174.00 174.00 146860 07/28/2011 014336 AVILES, FLORA refund:sec dep:CRC 150.00 150.00 146861 07/28/2011 011954 BAKER &TAYLOR INC Collections: Tem Public Library 62.92 62.92 146862 07/28/2011 012583 BLANCAY PRICE CONSULTING SERVICE: PLANNING 5,590.00 DEPT.— Credit EPT-Credit billing adj:PA11-0053 -360.00 June Lndsp plan check svcs:Planning 6,510.00 11,740.00 146863 07/28/2011 008605 BONTERRACONSULTING CONSULTING SRVCS:RRSP DESILTING 2,191.52 2,191.52 BASIN - 146864 07/28/2011 001159 CALIF DEPT OF JUSTICE June Fingerprinting svcs:Police 4,545.00 4,545.00 146865 07/28/2011 000137 CHEVRON AND TEXACO June City vehicles fuel:Police 2,019.66 July City vehicles tuel:CM 335.84 2,355.50 146866 07/28/2011 002945 CONSOLIDATED ELECTRICAL Elect supplies: var park sites 137.03 DIST. Elect supplies:Old Town 246.92 Elect supplies: Theater 78.30 Elect supplies: Old Town 74.32 Elect supplies: Theater 114.19 650.76 146867 07/28/2011 011868 CONVALIAN PRODUCTIONS Entertainment:summer concert series 8/4 1,500.00 1,500.00 146868 07/28/2011 010331 COOPER, JOSIAH reimb:summer day camp supplies 53.37 53.37 146869 07/28/2011 001264 COSTCO WHOLESALE Supplies: 4th of July event:Police 43.01 Misc supplies: Theater hospitality 200.91 Misc supplies:family tun nights 497.48 741.40 146870 07/28/2011 004329 COSTCO WHOLESALE CORP Misc supplies: Fire Prev 258.83 258.83 146871 07/28/2011 003986 COZAD & FOX INC 5123-6130 Cons Ease:RRSP:PW CIP 1,512.50 1,512.50 146872 07/28/2011 014345 CRULL, KELLY refund:bus lic:honorable dischrg 35.00 35.00 146873 07/28/2011 012600 DAVID EVANS & ASSOCIATES CONSULTING SRVCS:BUTTERFIELD 2,993.39 2,993.39 INC RD EXT.— Page:1 apChkLst 07/28/2011 Final Check List Page: 2 3:41:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA Check* Date Vendor 146874 07/28/2011 014186 DESERT MIST MECHANICAL, INC. 146875 07/28/2011 004192 DOWNS COMMERCIAL FUELING INC 146876 07/28/2011 011202 EMH SPORTS & FITNESS INSTITUTE 146877 07/28/2011 000164 ESGIL CORPORATION 146878 07/28/2011 001056 EXCEL LANDSCAPE 146879 07/28/2011 003747 FINE ARTS NETWORK 146880 07/28/2011 003347 FIRST BANKCARD CENTER 012768 SHOPEXTREME.COM 005119 ROCKHURST UNIV CONTINUING EDUC 001264 COSTCO WHOLESALE (Continued) Description Amount Paid Check Total Res Impry Pgrm: Sanchez July Fuel for City vehicles:Police July Fuel for City vehicles: TCSD July Fuel for City vehicles:PingfCode July Fuel for Cityvehicles:B&S July Fuel for Cityvehicles:PW Maint Fuel for City veh:PW Indy/npdes/cip July Fuel for City veh:PW Indy/npdes July Fuel for Cityvehicles:PW Traffic TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings PLAN REVIEW SERVICES: B&S DEPT.- 5/26 EPT- 5126 Irrig maint & repair:Rancho vista 5/27 Irrig maint & repair:Rancho Calif sttlemnt: Giselle production 7116,17 GB clocks:Civic Center GB seminar:PW staff MH chair:Info Tech 002652 PAT & OSCARS RESTAURANT SJ rfrshmnts:Council Closed Session 6/14 012915 LUCILLE'S BBQ 014342 AQUSHEN LLC 008956 PANERA BREAD 000220 ROBINSON PRINTING & CREAT IVE 008669 VONS 008669 VONS 008669 VONS 146881 07/28/2011 013552 GANDS PRODUCTIONS LLC 146882 07/28/2011 013076 GAUDET, YVONNE M. 146883 07/28/2011 014335 GENTEL, RICHARD 146884 07/28/2011 004477 GFWC -TEMECULA VLY WOMANS CLUB 146885 07/28/2011 014343 GOWERING, SIMON 146886 07/28/2011 003792 GRAINGER 146887 07/28/2011 007633 GRAPHIC SOLUTIONS LTD 146888 07/28/2011 001135 HEALTHPOINTE MEDICAL GROUP INC SJ rfrshmnts:Council Closed Session 6/28 RJ historic aerial photo pkg:RDA RJ rfrshmnts:Caltrans grant interviews AA printing srvcs:Econ Dev AA supplies:Export Univ Trng 6/9 AA,CD AA supplies:Export Univ Trng 6/29 AA,CD AA supplies:EDC mtg/Export Univ AA, CD sttlemnt: Country...Merc 7123 sttlemnt:Spotlight...Merc 7/22 TCSD instructor earnings refund:dupl NSF pmt Ck#1007 FY 11-12 Comm Svc Funding Awrd FY 11-12 Comm Svc Funding Awrd reimb:drysuit rental medic tmg:Gowering Floor fan for Wellness center Misc supplies: FS#84 Signage:Children's Museum June Emp industrial care svcs: HR June Emp industrial care svcs: HR 4,172.15 92.82 2,042.89 436.66 448.12 1,190.98 220.67 222.51 554.66 10.50 490.00 1,302.00 308.00 1,155.00 174.30 303.39 339.83 8,465.44 162.95 129.00 250.1 1 207.20 277.31 95.00 88.02 449.14 55.21 8.97 41.20 393.75 252.00 2,394.00 315.00 500.00 250.00 54.13 94.31 449.07 21,339.31 125.00 4,172.15 5209.31 3265.50 174.30 643.22 8,465.44 1,764.11 645.75 2,394.00 315.00 750.00 54.13 543.38 21,339.31 25.00 150.00 Page 2 apChkLst Final Check List Page: 3 07/28/2011 3:41:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check* Date Vendor 146889 07/28/2011 003198 HOME DEPOT, THE 146890 07/28/2011 005579 INLAND EMPIRE PROPERTY 146891 07/28/2011 009693 INLAND VALLEY CLASSICAL BALLET 146892 07/28/2011 014185 J FRANCIS MILEY PHOTOGRAPHY 146893 07/28/2011 003046 K F R 0 G 95.1 FM RADIO 146894 07/28/2011 002519 LAB SAFETY SUPPLY INC 146895 07/28/2011 005556 LANDEROS, VERONICA 146896 07/28/2011 003975 LAWRENCE, JEFF 146897 07/28/2011 004412 LEANDER, KERRY D. 146898 07/28/2011 010598 LEIGHTON AND ASSOCIATES, INC. Description Amount Paid Check Total Recreation supplies: Harveston June weed abate:apns922-062-010,016 sttlement:Classical Ballet:Theater Photography svcs:parks (7) & CDs June Advertising:street painting Misc safety supplies: PW Misc safety supplies: PW refund:rm rental cancellation: CRC refund:rm rental cancellation:CRC reimb:summer day camp pgrm TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings TCSD instructor earnings June Geotech svcs:nicholas rd rehab 146899 07/28/2011 000482 LEIGHTON CONSULTING INC June Environmental report:overland ext 146900 07/28/2011 004813 M & J PAUL ENTERPRISES INC 146901 07/28/2011 013982 MCI COMM SERVICE 146902 07/28/2011 008610 M C R STAMPS 146903 07/28/2011 012364 MASTERS, TRACY 146904 07/28/2011 011179 MC MILLIN REDHAWK LLC 146905 07/28/2011 003752 MCMASTER-CARR SUPPLY COMPANY 146906 07/28/2011 001868 MIYAMOTO-JURKOSKY, SUSAN A. 146907 07/28/2011 005887 MOFFATT & NICHOL ENGINEERS 146908 07/28/2011 001986 MUZAK -S0UTHERN CALIFORNIA 146909 07/28/2011 012893 NEWMAN, KAREN 146910 07/28/2011 002139 NORTH COUNTY TIMES Jolly jump:FAM event 7/18 Jolly jump rental:4th of July July xxx-0714 gen usage:PD mall alarm July a.a-0346 general usage DJ services:high hopes pgrm 7/15 Reimb:Harveston Center Open House Reimb:Harveston Center Open House TCSD Instructor Earnings facility maint: Stn 84 TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings TCSD Instructor Earnings JUN CONSULTING SRVCS:FRENCH VALLEY/I15 May consulting srvcs:lrench valley/I15 Aug music broadcast:Old Town reimb:ceramic supplies:high hopes Jun display ads:Street Painting 175.33 450.00 5,425 16 2,100.00 1,000.00 196.62 797.96 400.00 607.00 110.04 1,617.00 7.88 504.00 1,386.00 336.00 1,046.50 1,003.50 7,020.00 565.00 3,895 00 30.79 29.97 25.00 100.17 78.43 735.00 367.14 595.00 343.00 190.40 285.60 378.00 315.00 34,098.71 56,986 43 72.1 1 300.00 175.33 450.00 5,425.16 2,100.00 1,000.00 994.58 1,007.00 110.04 4,897.38 1,003.50 7,020.00 4,460.00 60.76 25.00 178.60 735.00 367.14 2,107.00 91,085.14 72.11 300.00 898.34 898.34 Page 3 apChkLst Final Check List Page: 4 07/28/2011 3:41:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 146911 07/28/2011 002292 OASIS VENDING credit:billing adjustment -2.75 Vending & kitchen supplies:Civic CentE 300.05 297.30 146912 07/28/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Windstar 758.79 758.79 146913 07/28/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:City Mgr 729.07 729.07 146914 07/28/2011 002105 OLD TOWN TIRE & SERVICE City Vehicle Maint Svcs:Fire 182.01 182.01 146915 07/28/2011 008871 ORIGINAL LIFEGUARD INC lifeguard uniforms: Aquatics Prgm 840.27 840.27 146916 07/28/2011 006939 PAINT CONNECTION, THE Res Improv Pgrm:Stampede Bldg 9,831 .50 9,831.50 146917 07/28/2011 012833 PC MALL GOV, INC. Printer toners & cartridges:Info Tech 18.17 Misc computer supplies:Inio Tech 80.48 Printer toners & cartridges:Inio Tech 1,375.11 Misc computer supplies:Into Tech 782.95 2256.71 146918 07/28/2011 003663 PECHANGA BAND OF LUISENO Apr Tribal Monitoring:115/79S interchg 850.00 850.00 146919 07/28/2011 013381 PEREZ, AARON TROY TCSD Instructor Earnings 490.00 TCSD Instructor Earnings 595.00 TCSD Instructor Earnings 665.00 1,750.00 146920 07/28/2011 010320 PETCO ANIMAL SUPPLIES INC K-9 supplies: Police 119.60 119.60 146921 07/28/2011 002498 PETRA GEOTECHNICAL INC geotech srvcs:redhawk park improv 180.00 180.00 146922 07/28/2011 010338 POOL & ELECTRICAL Pool supplies & chemicals:citywide 5.62 PRODUCTS INC Pool supplies & chemicals:citywide 204.48 210.10 146923 07/28/2011 011549 POWER SPORTS UNLIMITED Veh repair & maint:Police 739.47 739.47 146924 07/28/2011 008415 RANCHO CALIF AUTO Equip repair & maint:Police 200.00 200.00 COLLISION 146925 07/28/2011 000262 RANCHO CALIF WATER July water meters:30875 rncho vista 485.00 DISTRICT July water meters:TCSD svc lev C 21,732.43 July water meter:Harveston clubhouse 25.73 July var water meters:TCSD & PW 2,217.29 July var water meters:Fire Stns 466.34 24,926.79 146926 07/28/2011 000947 RANCHO REPROGRAPHICS Reprographic srvcs:butterfield ext 58.73 58.73 146927 07/28/2011 009725 RAZAVI, MANDIS TCSD Instructor Earnings 772.80 772.80 146928 07/28/2011 004584 REGENCY LIGHTING Electrical supplies:Civic Center 277.31 277.31 146929 07/28/2011 000418 RIVERSIDE CO CLERK & CEQA Exemption Ntc:Pavement Rehab 64.00 64.00 RECORDER 146930 07/28/2011 000406 RIVERSIDE CO SHERIFFS May booking fees: Police 4,739.04 DEPT May jail access lee: Police 24,452.55 29,191.59 146931 07/28/2011 013250 RIVERSIDE COUNTY OF, 1113-612 guard & bailiff srvcs:youth 778.58 778.58 SHERIFF 146932 07/28/2011 014311 RMSJ, INC. pool pump repair:tes pool 448.56 448.56 146933 07/28/2011 014346 ROGNE, JASON Reimb:parts for eng 84 repair 51.91 51.91 Page:4 apChkLst Final Check List Page: 5 07/28/2011 3:41:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check* Date Vendor 146934 07/28/2011 012251 ROTH, DONALD J. Description Amount Paid Check Total TCSD Instructor Earnings 168.00 TCSD Instructor Earnings 146935 07/28/2011 011995 SAN DIEGO ZOO'S, WILD Excursion:summer day camp 7/14 ANIMAL PARK 146936 07/28/2011 014340 SC PREMIER LLC refund:sec dep:PBSP soccer field 146937 07/28/2011 011511 SCUBA CENTER TEMECULA TCSD Instructor Earnings TCSD Instructor Earnings 146938 07/28/2011 009213 SHERRY BERRY MUSIC Jazz @the Merc 7121/11 146939 07/28/2011 009213 SHERRY BERRY MUSIC Entertainment:art gallery opening 7/29 146940 07/28/2011 011291 SIERRA PACIFIC ELECTRICAL Traffic sgnl install: R.C. Rd -Yukon 146941 07/28/2011 009746 SIGNS BY TOMORROW Sign for Civic Center JUN PUBLIC NTC POSTING XX0123:1 JUN PUBLIC NTC POSTINGXX0056:1 JUN PUBLIC NTC POSTING XX0072 :I 146942 07/28/2011 004814 SIMON WONG ENGINEERING Jun eng srvcs:main st bridge INC 146943 07/28/2011 000645 SMART & FINAL INC Misc supplies:Aglow in the Park 567.00 735.00 3,474.00 3,474.00 585.00 585.00 1,008.00 42.00 1,050.00 472.50 472.50 400.00 400.00 93,655.56 93,655.56 86.80 148.50 235.50 148.50 619.30 8,047.42 8,047.42 92.40 92.40 146944 07/28/2011 000537 SO CALIF EDISON June 2-28-331-4847:32805 Pauba LS -3 111.78 May -June 2-33-357-5785:44747 redha 84.91 July 2-31-419-2873:43000 Hwy -395 23.06 July 2-27-371-8494:42189 winchester 32.01 July 2-31-912-7494:28690 Mercedes 570.05 July 2-14-204-1615:30027 Front st rdic 44.26 July 2-29-223-8607:42035 2nd St PED 550.24 July 2-02-351-4946:41845 6th St 2,371.46 July 2-29-933-3831:43230 Bus pk dr 2,370.67 July 2-19-171-8568:28300 Mercedes 97.51 July 2-18-937-3152:28314 Mercedes 1,154.07 July 2-21-981-4720:30153 Tem pkwy tl 32.06 July 2-28-904-7706:32329 Overland trl 147.19 July 2-31-536-3655:41904 Main St 1,451 .35 July 2-31-536-3481:41902 Main St 225.83 July 2-29-657-2787:41638 winchester 21.99 July 2-31-282-0665:27407 Diaz PED 23.20 July 2-29-807-1093:28079 Diaz PED 23.36 July 2-29-807-1226:28077 Diaz PED 23.36 July 2-31-031-2616:27991 Diaz PED 22.19 9,380.55 146945 07/28/2011 001212 SO CALIF GAS COMPANY July 125-244-2108-3:Library 17.34 July 095-167-7907-2:30650 Pauba Rd 187.81 205.15 146946 07/28/2011 000519 SOUTH COUNTY PEST pest control srvcs: tcc 49.00 CONTROL INC pest control srvcs: Parks 493.00 542.00 146947 07/28/2011 005786 SPRINT 717-719 variable site design fee:civic 8,000.00 8,000.00 146948 07/28/2011 002366 STEAM SUPERIOR CARPET upholstery cleaning srvcs:Stn 84 536.00 536.00 CLEANING 146949 07/28/2011 011341 STEARNS, CONRAD & 10/1-7/1/11 prof srvcs:Tem.Hospital 3,830.00 3,830.00 SCHMIDT, INC 146950 07/28/2011 004207 STEINY & COMPANY INC Release retention: cctv install -Tem Pkwy 10,920.80 10,920.80 146951 07/28/2011 007698 SWANK MOTIONS PICTURES, Megamind rental:movies/park pgrm 7122 421.00 421.00 INC. Page 5 apChkLst Final Check List Page: 6 07/28/2011 3:41:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check* Date Vendor 146952 07/28/2011 000305 TARGET BANK BUS CARD SRVCS Description Amount Paid Check Total Misc supplies:FAM 73.33 Misc supplies:aquatics pgrm 195.52 Misc supplies:mpsc 98.32 Misc supplies:mpsc 124.25 Misc supplies:FAM 18.27 Misc supplies:mpsc 103.94 613.63 146953 07/28/2011 010191 TAYLOR, JUDY Entertainment:history mus camp 8/4 150.00 150.00 146954 07/28/2011 010679 TEMECULA AUTO Vehicle maint: Stn 84 1,299.17 1,299.17 REPAIR/RADIATOR 146955 07/28/2011 012558 TEMECULA HILLS CHRISTIAN refund:sec dep:picnic rental:RRSP 150.00 150.00 146956 07/28/2011 010848 TEMECULA PLANTSCAPE Jul plant rental & maint:civic ctr 525.00 Jul plant rental & maint:library 200.00 725.00 146957 07/28/2011 004260 TEMECULA STAMP & Pre -inked stamps: fire prevention 105.92 105.92 GRAPHICS 146958 07/28/2011 011736 TEMECULA TROPHY INC Tropies & awards:Tem. Special Games 913.50 913.50 146959 07/28/2011 013146 TEMECULA VALLEY GIRLS refund:snackbar dep:spring '11 200.00 200.00 146960 07/28/2011 014339 TEMECULA VALLEY H&I refund:sec dep:rm rental:CRC 150.00 150.00 146961 07/28/2011 004274 TEMECULA VALLEY SECURITY Locksmith services: library 26.62 26.62 CENTR 146962 07/28/2011 000919 TEMECULA VALLEY UNIFIED FY 10/11 CHS pool maint fees 41,618.90 SCHOOL FY 10/11 field renovations 21,000.00 62,618.90 146963 07/28/2011 010276 TIME WARNER CABLE July high speed internet:MPSC 44.95 July high speed internet:Civic Center 4,371 .63 4,416.58 146964 07/28/2011 000668 TIMMY D PRODUCTIONS INC Sound technician:Balloon Glow 7/15 1,875.00 Sound technician:Jul Smr Concert Seri 3,000.00 4,875.00 146965 07/28/2011 003031 TRAFFIC CONTROL SERVICE Misc supplies:pw traffic INC 146966 07/28/2011 014337 TVCLL refund:snackbar dep:spring '11 refund:snackbar dep:spring '11 146967 07/28/2011 014094 URBAN CROSSROADS, INC. Apr consulting srvcs:maravilla prjt May consulting srvcs:maravilla prjt May consulting srvcs:maravilla prjt Apr consulting srvcs:maravilla prjt 146968 07/28/2011 014344 VAN DINTER, MARK refund:bus lic:already reg wf city 146969 07/28/2011 004261 VERIZON July xxx-9196 gen usage:TCC SAFE July a.a-5275 gen usage:Tem PD DSL July =-3526 gen usage:Fire alarm July ) Dx-5696 gen usage:Sports comp July a.a-2676 general usage July a.a-5706 general usage July X.a-2016 gen usage:Reverse 911 146970 07/28/2011 004789 VERIZON ONLINE July Internet svcs: Library 146971 07/28/2011 004789 VERIZON ONLINE 170.00 170.00 200.00 200.00 400.00 20,713.90 5,888.68 3,860.00 12,390 00 42,852.58 35.00 35.00 174.35 38.09 110.77 36.92 36.92 147.70 121.77 666.52 180.09 180.09 July Internet svcs:Tem PD DSL 55.09 July Internet svcs: Harveston Ctr 169.02 224.11 146972 07/28/2011 009663 VERNON LIBRARY SUPPLIES Book tags:Tem Public Library 10,321 .88 10,321.88 INC Page 6 apChkLst Final Check List Page: 7 07/28/2011 3:41:43PM CITY OF TEMECULA Bank : union UNION BANK OF CALIFORNIA (Continued) Check* Date Vendor Description Amount Paid Check Total 146973 07/28/2011 012292 VIAMEDIA INC ADVERTISING: STREET PAINTING 2,120.00 2,120.00 146974 07/28/2011 009101 VISION ONE INC Jun Showare ticketing srvcs: Theater 2,010.00 2,010.00 146975 07/28/2011 014338 WAMBUA, GERALD refund:sec dep:rm rental:CRC 150.00 150.00 146976 07/28/2011 001881 WATER SAFETY PRODUCTS Lifeguard supplies: Aquatics Prgm 471.41 471.41 INC 146977 07/28/2011 003730 WEST COAST ARBOR ISTS INC 6116-29/11 tree maint srvcs: parks 20,557.30 6/16-30/11 tree trimming srvcs:PW 4,050.00 24,607.30 146978 07/28/2011 000339 WEST PUBLISHING CORP Jun City legal publications 82.66 82.66 146979 07/28/2011 013556 WESTERN AUDIO VISUAL Audio/video equip:council chambers 4,090.09 Equip install:live streaming QaAV rm 3,578.00 7,668.09 146980 07/28/2011 002841 WESTERN OILFIELDS SUPPLY Irrigation rental:4th of July 2,553.18 CO, DBA: RAIN FOR RENT Irrigation rental:4th of July 2,177.51 4,730.69 146981 07/28/2011 008402 WESTERN RIVERSIDE COUNTY June' 11MSHCPpayment 293,893.00 293,893.00 146982 07/28/2011 012144 WILD WONDERS, INC Entertainment:fam fun night 7/29 500.00 500.00 146983 07/28/2011 000341 WILLDAN ASSOCIATES INC May prof srvcs:PW Traffic 960.00 960.00 146984 07/28/2011 006290 WOODCREST VEHICLE Veh repair & maint:police K-9 unit 1,296.46 1,296.46 CENTER 146985 07/28/2011 000348 ZIGLER, GAIL Team PACE supplies 325.00 325.00 146986 07/28/2011 003776 ZOLL MEDICAL CORPORATION Paramedic equipment supplies 1,305.00 1,305.00 Grand total for UNION BANK OF CALIFORNIA: 4,178,808.73 Page:7 apChkLst 07/28/2011 3:41:43 PM Final Check List CITY OF TEMECULA Page: 8 136 checks in this report. Grand Total All Checks. 4,178,808.73 Page 8 Item No. 4 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Genie Roberts, Director of Finance DATE: August 9, 2011 SUBJECT: City Treasurer's Report as of June 30, 2011 PREPARED BY: Rudy Graciano, Revenue Manager RECOMMENDATION: Approve and file the City Treasurer's Report as of June 30, 2011. BACKGROUND: Government Code Sections 53646 and 41004 require reports to the City Council regarding the City's investment portfolio, receipts, and disbursements respectively. Adequate funds will be available to meet budgeted and actual expenditures of the City for the next six months. Current market values are derived from the Local Agency Investment Fund (LAIF) reports, Union Bank of California trust and custody statements, and from US Bank trust statements. Attached is the City Treasurer's Report that provides this information. The City's investment portfolio is in compliance with the statement of investment policy and Government Code Sections 53601 and 53635 as of June 30, 2011. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of June 30, 2011 Investments Par Value City of Temecula, California Portfolio Management Portfolio Summary June 30, 2011 Market Value Book %of Value Portfolio Term City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA, 92590 (951)694-6430 Days to YTM YTM Maturity 360 Equiv. 365 Equiv. Managed Pool Accounts Letter of Credit Local Agency Investment Funds Federal Agency Callable Securities Federal Agency Bullet Securities Investments 62,725,657.65 1.00 58,909,170.20 20,000,000.00 15,000,000.00 156,634,828.85 62,725,657.65 1.99 58,982,264.65 29,243,699.99 15,189,659.99 62,725,657.65 1.00 58,999,1 70.20 29,999,999.99 14,984,219.99 40.05 0.00 37.61 12.77 9.57 157,132,263.30 156,619,038.85 100.00% 1 1 1 1,365 1,098 967 443 0.294 9.999 0.442 1.852 2.035 0.298 0.000 0.448 1.877 2.063 280 167 0.715 0.725 Cash Passbook/Checking (not included in yield calculations) Tata! Cash and Investments 999,991.31 157,633,920.16 999,991.31 999,091 31 158,131,354.61 157,618,130.16 1 0.000 0.000 280 167 0.715 0.725 Total Earnings June 30 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year Average Daily Balance Effective Rate of Return 88,820.32 154,031,739.76 0.70% Reporting period 06!01!2011-06/30!2011 Run Date: 07/28/2011 - 08:28 1,261,966.67 136, 944, 522.20 0.92% 1,261,966.67 Portfolio TEME CP PM (PRF_PM1) SymRept8.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments June 30, 2011 Page 2 Average Purchase Stated YTM YTM Days to Maturity Investment# Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 1 2221 6003-2 CITY COP RE2 ASSURED GUARANTY 1.00 1.00 1.00 1.000 0.986 1.000 1 104348008-1 01-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348006-4 01-2 RESA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348016-3 01-2 RESB2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 104348000-4 01-2 SPTAX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669911-2 03-1 ACQA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669921-3 03-1 ACQB3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669902-3 03-1 BON D3 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94669906-3 03-1 RES A3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669916-2 03-1 RES B2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94669900-4 03-1 SPTAX1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593011-2 03-2 ACQ 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593009-2 03-2 EMW D 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593007-2 03-2 IMP 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593016-4 03-2 LOC 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593010-2 03-2 PWADM2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593006-2 03-2 RES 2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 793593000-3 03-2 SPTX2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727011-2 03-3 ACQ2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727002-2 03-3 BOND 2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 744727007-2 03-3 CITY2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727009 03-3 EMW D 1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727006-3 03-3 RES3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 744727000-4 03-3 SP TX 4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686001-2 03-4 ADMIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686005-1 03-4 PREP1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686000-1 03-4 RED1 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94686006-2 03-4 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776002-2 03-6 BON D2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 786776007-2 03-6 IMP2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776006-2 03-6 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 786776000-3 03-6 SP TX3 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453510-2 88-12 BON D2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 95453518-4 88-12 GI4 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 1 2221 6003-4 CITY COP RE4 First American Treasury 730.91 730.91 730.91 0.000 0.000 1 122216008-3 CITY COPCIP2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 1 2221 600 0-2 CITY COPLPF2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94434160-1 RDA 02 INTI First American Treasury 0.00 0.00 0.00 0.000 0.000 1 94 43 41 61-2 RDA 02 PRIN2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 Run Date: 07126!2011 - 08:28 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Report Ver. 5.00 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments June 30, 2011 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 107886008-2 RDA 06 CIPA2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886001 RDA 06 PRIN First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107886000-2 RDA O6A INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886018-3 RDA 06B CIP3 First American Treasury 88,165.37 88,165.37 88,165.37 0.000 0.000 1 107886010-2 RDA O6B INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886016-2 RDA 06B RES2 First American Treasury 202,115.00 202,115.00 202,115.00 0.000 0.000 1 107886030-2 RDA 07 CAPI2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107886027-2 RDA 07 ESC2 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 107886020-2 RDA 07 INT2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 107886028-2 RDA 07 PROJ2 First American Treasury 3,495.47 3,495.47 3,495.47 0.000 0.000 1 107686026-2 RDA 07 RES2 First American Treasury 0.00 0.00 0.00 0.000 0.000 1 SYSRDA 10 DS 1 RDA 10 DS 1 First American Treasury 5,000.00 5,000.00 5,000.00 0.000 0.000 1 SYSRDA 10A CIP2 RDA 10A CIP2 First American Treasury 07/01/2010 19,394.96 19,394.96 19,394.96 0.000 0.000 1 136343018-2 RDA 10B CIP2 First American Treasury 07/01/2010 2,531.10 2,531.10 2,531.10 0.000 0.000 1 136343000-1 RDA 16B-INT1 First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 94432360-2 TCSD COP INT First American Treasury 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 104348006-5 01-2 RESA11 Federated Tax Free Obligations 03/31/2011 440,680.63 440,860.63 440,660.63 0.090 0.089 0.090 1 104348016-5 01-2 RESB11 Federated Tax Free Obligations 03/31/2011 202,955.71 202,955.71 202,955.71 0.090 0.089 0.090 1 104348000-5 01-2 SPTAX11 Federated Tax Free Obligations 03/31/2011 813,770.36 813,770.36 613,770.36 0.090 0.089 0.090 1 94669921-5 03-01 ACQ11 Federated Tax Free Obligations 03/31/2011 15,120.85 15,120.85 15,120.85 0.090 0.089 0.090 1 94669911-5 03-01 ACQA11 Federated Tax Free Obligations 03/31/2011 76.76 76.76 76.76 0.090 0.089 0.090 1 94669906-5 03-01 RESA11 Federated Tax Free Obligations 03/31/2011 864,867.42 864,867.42 864,867.42 0.090 0.089 0.090 1 94669916-5 03-01 RESB11 Federated Tax Free Obligations 03/31/2011 223,199.67 223,199.67 223,199.67 0.090 0.089 0.090 1 94669000-5 03-01SPTAX11 Federated Tax Free Obligations 03/31/2011 811,440.99 811,440.99 811,440.99 0.090 0.089 0.090 1 786776006-5 03-06 RES11 Federated Tax Free Obligations 03/31/2011 336,253.37 338,253.37 336,253.37 0.090 0.089 0.090 1 786776000-5 03-06SPTAX11 Federated Tax Free Obligations 03/31/2011 252,200.47 252,200.47 252,200.47 0.090 0.089 0.090 1 793593011-5 03-2 ACQ11 Federated Tax Free Obligations 03/31/2011 1,084.80 1,064.60 1,084.80 0.090 0.089 0.090 1 793593009-5 03-2 EMW D11 Federated Tax Free Obligations 03/31/2011 5,189.21 5,189.21 5,189.21 0.090 0.089 0.090 1 793593016-5 03-2 LOC11 Federated Tax Free Obligations 03/31/2011 1,243,583.21 1,243,563.21 1,243,583.21 0.090 0.089 0.090 1 793593010-5 03-2 PWADM11 Federated Tax Free Obligations 03/31/2011 4,812.06 4,812.06 4,812.06 0.090 0.089 0.090 1 793593006-5 03-2 RES11 Federated Tax Free Obligations 03/31/2011 368.00 366.00 368.00 0.090 0.069 0.090 1 793593000-5 03-2 SPTX Federated Tax Free Obligations 06/20/2011 347,959.40 347,959.40 347,959.40 0.090 0.089 0.090 1 793593007-5 03-2-IMPR11 Federated Tax Free Obligations 03/31/2011 1,143.51 1,143.51 1,143.51 0.090 0.069 0.090 1 744727006-5 03-3 RES11 Federated Tax Free Obligations 03/31/2011 2,173,551.29 2,173,551.29 2,173,551.29 0.090 0.089 0.090 1 744727011-5 03-3ACQ11 Federated Tax Free Obligations 03/31/2011 67,921.51 67,921.51 67,921.51 0.090 0.069 0.090 1 94686001-5 03-4 ADMIN11 Federated Tax Free Obligations 03/31/2011 14,984.10 14,984.10 14,984.10 0.090 0.089 0.090 1 94686005-5 03-4 PREP11 Federated Tax Free Obligations 03/31/2011 4,076.39 4,076.39 4,076.39 0.090 0.069 0.090 1 94686000-5 03-4 RED11 Federated Tax Free Obligations 03/31/2011 85,420.75 85,420.75 85,420.75 0.090 0.089 0.090 1 94686006-5 03-4 RES11 Federated Tax Free Obligations 03/31/2011 96,575.52 96,575.52 96,575.52 0.090 0.069 0.090 1 Run Date: 07/26/2011 - 08:28 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments June 30, 2011 Page 4 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Managed Pool Accounts 744727000-5 03-SSPTAX11 Federated Tax Free Obligations 03/31/2011 1,632,531.46 1,632,531.46 1,632,531.46 0.090 0.089 0.090 1 1 461 61 006-5 RDA 11 DS11 Federated Tax Free Obligations 03/04/2011 1,308,164.46 1,308,164.46 1,308,164.46 0.090 0.089 0.090 1 146161008-5 RDA 11ACIP11 Federated Tax Free Obligations 03/04/2011 14,970,168.36 14,970,168.36 14,970,168.36 0.090 0.089 0.090 1 1 461 61 009-5 RDA 11ACO111 Federated Tax Free Obligations 03/04/2011 9,555.12 9,555.12 9,555.12 0.090 0.089 0.090 1 94432363 02001 Financial Security Assurance 07/01/2010 1.00 1.00 1.00 0.000 0.000 1 793593011-1 03-2-1 ACQUI CA Local Agency Investment Fun 28,807,052.32 28,807,052.32 28,807,052.32 0.448 0.442 0.448 1 793593009-1 03-2-1 EMWD CA Local Agency Investment Fun 1,566,169.68 1,566,169.68 1,566,169.68 0.448 0.442 0.448 1 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 0.00 0.00 0.00 0.448 0.442 0.448 1 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 289,250.57 289,250.57 289,250.57 0.448 0.442 0.448 1 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 3,617,641.27 3,617,641.27 3,617,641.27 0.448 0.442 0.448 1 1 2221 600 8 CITY COP CIP CA Local Agency Investment Fun 0.00 0.00 0.00 0.448 0.442 0.448 1 122216003-1 CITY COP RE1 CA Local Agency Investment Fun 793,737.32 793,737.32 793,737.32 0.448 0.442 0.448 1 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.448 0.442 0.448 1 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.448 0.442 0.448 1 107886030-1 RDA 07 CAP -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.448 0.442 0.448 1 107886027-1 RDA 07 ESC -1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.448 0.442 0.448 1 107886028-1 RDA 07 PRO -1 CA Local Agency Investment Fun 292,942.25 292,942.25 292,942.25 0.448 0.442 0.448 1 107886026-1 RDA 07 RES -1 CA Local Agency Investment Fun 1,107,572.05 1,107,572.05 1,107,572.05 0.448 0.442 0.448 1 107886006 RDA 06 RES A MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 94434166 RDA TABS RES MBIA Surety Bond 1.00 1.00 1.00 0.000 0.000 1 SYS95453516-1 95453516-1 USBANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Subtotal and Average 61,060,954.83 62,725,657.65 62,725,657.65 62,725,657.65 0.294 0.298 1 Letter of Credit 104348006-1 02008 ASSURANCE CO BOND INSURANCE 07/01/2010 Subtotal and Average 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.000 0.000 1 0.000 0.000 1 Local Agency Investment Funds 94669911-1 03-1 ACQ A2 CA Local Agency Investment Fun 412,215.26 412,215.26 412,215.26 0.448 0.442 0.448 1 94669921-1 03-1 ACQ B2 CA Local Agency Investment Fun 3,895,109.87 3,895,109.87 3,895,109.87 0.448 0.442 0.448 1 744727011-1 03-3 ACQ 2 CA Local Agency Investment Fun 930,055.31 930,055.31 930,055.31 0.448 0.442 0.448 1 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 0.00 0.00 0.00 0.448 0.442 0.448 1 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 0.00 0.00 0.00 0.448 0.442 0.448 1 SYSCITY CITY CA Local Agency Investment Fun 15,248,467.39 15,272,506.14 15,248,467.39 0.448 0.442 0.448 1 SYSRDA RDA CA Local Agency Investment Fun 20,251,218.87 20,283,144.31 20,251,218.87 0.448 0.442 0.448 1 SYSRDA 10 DS 2 RDA 10 DS 2 CA Local Agency Investment Fun 1,265,761.42 1,265,761.42 1,265,761.42 0.448 0.442 0.448 1 SYSRDA 1 OA CIP1 RDA 1 OA CIP1 CA Local Agency Investment Fun 548.61 548.61 548.61 0.448 0.442 0.448 1 SYSRDA 10 CIP 1 RDA 10B CIP1 CA Local Agency Investment Fun 6,039,579.63 6,039,579.63 6,039,579.63 0.448 0.442 0.448 1 Run Date: 07126!2011 - 08:28 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments June 30, 2011 Page 5 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Local Agency Investment Funds SYSTCSD TCSD CA Local Agency Investment Fun Subtotal and Average 58,227,836.87 10,866,213.84 58,909,170.20 10,883,344.10 10,866,213.84 0.448 0.442 0.448 1 58,982,264.65 58,909,170.20 0.442 0A48 1 Federal Agency Callable Securities 31331J2P7 01156 Federal Farm Credit Bank 11/17/2010 1,000,000.00 1,000,010.00 1,000,000.00 1.250 1.233 1.250 1,235 11/17/2014 31331J4T7 01159 Federal Farm Credit Bank 12/16/2010 1,000,000.00 1,003,790.00 1,000,000.00 1.350 1.332 1.350 899 12/16/2013 31331KPN4 01169 Federal Farm Credit Bank 06/27/2011 1,000,000.00 995,700.00 1,000,000.00 1.050 1.036 1.050 1,092 06/27/2014 3133XVF63 01147 Federal Home Loan Bank 10/26/2009 1,000,000.00 1,006,370.00 1,000,000.00 2.100 2.071 2.100 665 04/26/2013 3133724V3 01158 Federal Home Loan Bank 12/30/2010 1,000,000.00 1,003,970.00 1,000,000.00 1.125 1.110 1.125 913 12/30/2013 313372NX8 01165 Federal Home Loan Bank 02/28/2011 1,000,000.00 1,011,100.00 1,000,000.00 2.000 1.973 2.000 1,246 11/28/2014 313372VP6 01167 Federal Horne Loan Bank 03/23/2011 1,000,000.00 1,007,110.00 1,000,000.00 1.250 1.233 1.250 906 12/23/2013 3134G1Y65 01162 Federal Home Loan Mtg Corp 01/25/2011 1,000,000.00 1,010,060.00 1,000,000.00 1.500 1.479 1.500 1,120 07/25/2014 3134G1Y99 01163 Federal Horne Loan Mtg Corp 02/08/2011 1,000,000.00 1,006,700.00 1,000,000.00 1.650 1.627 1.650 1,134 08/08/2014 3136F9CB7 01088 Federal National Mtg Assn 03/11/2008 2,000,000.00 2,119,940.00 2,000,000.00 4.000 3.945 4.000 619 03/11/2013 3136F9DP5 01090 Federal National Mtg Assn 03/27/2008 1,000,000.00 1,061,360.00 1,000,000.00 4.000 3.945 4.000 635 03/27/2013 31398AYN6 01134 Federal National Mtg Assn 07/28/2009 1,000,000.00 1,001,700.00 1,000,000.00 3.000 2.959 3.000 1,123 07/28/2014 3136FJNN7 01148 Federal National Mtg Assn 11/18/2009 1,000,000.00 1,005,550.00 1,000,000.00 2.000 1.973 2.000 1,236 11/18/2014 3136FPNTO 01153 Federal National Mtg Assn 10/18/2010 1,000,000.00 1,000,810.00 1,000,000.00 0.625 0.616 0.625 840 10/18/2013 3136FPPR2 01154 Federal National Mtg Assn 10/14/2010 1,000,000.00 1,001,490.00 1,000,000.00 1.150 1.134 1.150 1,018 04/14/2014 3136FPQV2 01155 Federal National Mtg Assn 10/28/2010 1,000,000.00 1,001,970.00 1,000,000.00 1.000 1.601 1.623 942 01/28/2014 3136FPZD2 01157 Federal National Mtg Assn 12/03/2010 1,000,000.00 995,060.00 1,000,000.00 1.125 1.110 1.125 1,251 12/03/2014 31398A7A4 01160 Federal National Mtg Assn 12/30/2010 1,000,000.00 1,004,710.00 1,000,000.00 1.300 1.282 1.300 913 12/30/2013 31398A7L0 01161 Federal National Mtg Assn 01/24/2011 1,000,000.00 1,006,290.00 1,000,000.00 1.450 1.430 1.450 938 01/24/2014 Subtotal and Average 19,133,333.33 20,000,000.00 20,243,690.00 20,000,000.00 1.852 1.877 967 Federal Agency Bullet Securities 31331Y3P3 01105 Federal Farm Credit Bank 07/15/2008 1,000,000.00 1,008,630.00 998,140.00 3.500 3.514 3.563 94 10/03/2011 31331Y3N8 01111 Federal Farm Credit Bank 07/30/2008 1,000,000.00 1,001,370.00 999,000.00 3.625 3.610 3.661 14 07/15/2011 31331GE47 01135 Federal Farm Credit Bank 07/29/2009 1,000,000.00 1,034,780.00 997,500.00 2.250 2.284 2.316 759 07/29/2013 31331GG37 01137 Federal Farm Credit Bank 08/04/2009 1,000,000.00 1,027,180.00 1,000,000.00 2.150 2.121 2.150 584 02/04/2013 31331GZ44 01144 Federal Farm Credit Bank 10/15/2009 1,000,000.00 1,015,060.00 1,000,000.00 1.550 1.529 1.550 472 10/15/2012 31331KCA6 01164 Federal Farm Credit Bank 02/10/2011 1,000,000.00 1,014,970.00 1,000,000.00 1.375 1.356 1.375 955 02/10/2014 3133XRRU6 01101 Federal Home Loan Bank 07/03/2008 1,000,000.00 1,000,000.00 998,570.00 3.625 3.626 3.676 0 07/01/2011 3133XSWM6 01124 Federal Horne Loan Bank 01/23/2009 1,000,000.00 1,010,150.00 1,000,000.00 2.100 2.071 2.100 206 01/23/2012 3133XTN85 01125 Federal Home Loan Bank 05/07/2009 1,000,000.00 1,004,900.00 1,000,000.00 1.500 1.479 1.500 129 11/07/2011 3133XTXC5 01130 Federal Horne Loan Bank 06/11/2009 1,000,000.00 1,018,150.00 1,000,000.00 2.250 2.219 2.250 346 06/11/2012 3133XVEM9 01150 Federal Home Loan Bank 11/04/2009 1,000,000.00 1,017,040.00 1,000,000.00 1.625 1.603 1.625 509 11/21/2012 3133XVRS2 01151 Federal Horne Loan Bank 11/16/2009 1,000,000.00 1,004,100.00 999,750.00 1.000 0.998 1.012 180 12/28/2011 Run Date: 07/26/2011 - 08:28 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Investments June 30, 2011 Page 6 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date Federal Agency Bullet Securities 313372UH5 01166 Federal Horne Loan Bank 03/15/2011 1,000,000.00 1,011,300.00 1,000,000.00 1.125 1.110 1.125 805 09/13/2013 313374CZ1 01168 Federal Home Loan Bank 06/22/2011 1,000,000.00 997,500.00 1,000,000.00 1.000 0.986 1.000 1,179 09/22/2014 31398AYM8 01139 Federal National Mtg Assn 08/10/2009 1,000,000.00 1,015,520.00 991,250.00 1.750 2.024 2.052 406 08/10/2012 Subtotal and Average 14,284,210.00 15, 000, 000.00 15,180,650.00 14,984,210.00 2.035 2.063 443 Total and Average 154,031,739.76 Run Date: 0712612011 - 08:28 156, 634,828.85 157,132,263.30 156,619,038.85 0.715 0.725 167 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 CUSIP City of Temecula, California Portfolio Management Portfolio Details - Cash June 30, 2011 Average Purchase Stated YTM YTM Days to Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Page 7 Retention Escrow Account SYSAAA#1202 AAA#1202 COMMUNITY BANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 4110170281 EDGEDEV TORRY PINES BANK 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 23303800 PCL CONST Wells Fargo Bank 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 Passbook/Checking Accounts SYSPetty Cash Petty Cash City of Temecula 07/01/2010 2,810.00 2,810.00 2,810.00 0.000 0.000 1 SYSFIex Ck Acct Flex Ck Acct Union Bank of California 07/01/2010 18,972.84 18,972.84 18,972.84 0.000 0.000 1 SYSGen CkAcct Gen CkAcct Union Bank of California 969,997.81 969,997.81 969,997.81 0.000 0.000 1 SYSParking Ck PARKING CITA Union Bank of California 07/01/2010 7,310.66 7,310.66 7,310.66 0.000 0.000 1 Average Balance 0.00 1 Total Cash and Investments 154,031,739.76 Run Date: 07/26/2011 - 08:28 157, 633,920.16 158,131,354.61 157,618,130.16 0.715 0.725 167 Portfolio TEME CP PM (PRF_PM2) SymRept 6.42 Cash and Investments Report CITY OF TEMECULA Through June 30, 2011 Fund Total 001 GENERAL FUND $ 34,771,901.84 100 STATE GAS TAX FUND 1,281,500.81 101 STATE TRANSPORTATION FUND 144,581.01 120 DEVELOPMENT IMPACT FUND 5,107,952.82 150 AB 2766 FUND 614,726.79 160 AB 3299 COPS 18.17 165 RDA AFFORDABLE HOUSING 20% SET ASIDE 28,998,658.06 170 MEASURE A FUND 8,414,541.64 190 TEMECULA COMMUNITY SERVICES DISTRICT 1,115,431.36 192 TCSD SERVICE LEVEL "B" STREET LIGHTS 84,915.15 194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING 2,958,863.15 195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT 4,621.76 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 258,801.69 197 TEMECULA LIBRARY FUND 575,150.66 210 CAPITAL IMPROVEMENT PROJECT FUND 14,583,950.96 273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND 4,322,522.74 275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND 997,976.82 277 CFD-RORIPAUGH 30,380,639.52 280 REDEVELOPMENT AGENCY - CI P PROJECT 878,508.40 300 INSURANCE FUND 396,953.78 310 VEHICLES FUND 984,265.92 320 INFORMATION TECHNOLOGY 234,318.33 330 SUPPORT SERVICES 274,119.26 340 FACILITIES 48,582.75 370 CITY2008 COP'S DEBT SERVICE 794,469.23 380 RDA DEBT SERVICE FUND 2,876,177.80 390 TCSD 2001 COP'S DEBT SERVICE 74.42 460 CFD 88-12 DEBT SERVICE FUND 65,581.68 472 CFD 01-2 HARVESTON A&B DEBT SERVICE 1509,106.90 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 1,937,871.24 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 200,862.58 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 4,142,349.11 476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND 628,032.67 477 CFD 03-02 RORIPAUGH DEBT SERVICE FUND 7,349,315.75 501 SERVICE LEVEL "C" ZONE 1 SADDLEWOOD 15,116.90 502 SERVICE LEVEL "C" ZONE 2 WINCHESTER 51,843.32 503 SERVICE LEVEL "C" ZONE 3 RANCHO HIGHLAND 39,664.57 504 SERVICE LEVEL "C" ZONE 4 VINEYARDS 2,752.91 505 SERVICE LEVEL "C" ZONE 5 SIGNET 10,948.53 506 SERVICE LEVEL "C" ZONE 6 WOODCREST 14,464.81 507 SERVICE LEVEL "C" ZONE 7 RIDGEVIEW 5,314.29 508 SERVICE LEVEL "C" ZONE 8 VILLAGE GROVE 35,453.13 509 SERVICE LEVEL "C" ZONE 9 RANCHO SOLANA 12,853.83 510 SERVICE LEVEL "C" ZONE 10 MARTINIQUE 6,878.75 511 SERVICE LEVEL "C" ZONE 11 MEADOWVIEW 1,104.91 512 SERVICE LEVEL "C" ZONE 12 VINTAGE HILLS 39,861.20 513 SERVICE LEVEL "C" ZONE 13 PRESLEY DEVELOPMENT 6,627.00 514 SERVICE LEVEL "C" ZONE 14 MORRISON HOMES 4,238.37 515 SERVICE LEVEL "C" ZONE 15 BARCLAY ESTATES 2,040.98 516 SERVICE LEVEL "C" ZONE 16 TRADEWINDS 69,579.97 517 SERVICE LEVEL "C" ZONE 17 MONTE VISTA 884.41 518 SERVICE LEVEL "C" ZONE 18 TEMEKU HILLS 27,062.43 519 SERVICE LEVEL "C" ZONE 19 CHANTEMAR 61,971.94 520 SERVICE LEVEL "C" ZONE 20 CROWNE HILL 169,489.86 521 SERVICE LEVEL "C" ZONE 21 VAIL RANCH 128,644.97 522 SERVICE LEVEL "C" XONE 22 SUTTON PLACE 921.10 523 SERVICE LEVEL "C" ZONE 23 PHEASENT RUN 9,922.31 524 SERVICE LEVEL "C" ZONE 24 HARVESTON 170,310.27 525 SERVICE LEVEL "C" ZONE 25 SERENA HILLS 27,725.08 526 SERVICE LEVEL "C" ZONE 26 GALLERYTRADE 714.07 527 SERVICE LEVEL "C" ZONE 27 AVONDALE 1,417.12 528 SERVICE LEVEL "C" ZONE 28 WOLF CREEK 239,145.93 529 SERVICE LEVEL "C" ZONE 29 GALLERYPORT 4,365.76 530 SERVICE LEVEL "C" ZONE 30 FUTURE ZONES 32,691.12 Grand Total: $ 158,131,354.61 Item No. 5 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Susan W. Jones, City Clerk DATE: August 9, 2011 SUBJECT: Third Amendment with Innovative Document Solutions PREPARED BY: Michaela A. Ballreich, Deputy City Clerk RECOMMENDATION: That the City Council approve the Third Amendment between the City of Temecula and Innovative Document Solutions and, thereby, increasing the authorized annual expenditure by $4,000 for a total annual expenditure of $69,000 for 2010-2011. BACKGROUND: On July 1, 2005, the City and Innovative Document Solutions (then doing business as Temecula Copiers) entered into a five-year Copy Machine Maintenance, Service, and Performance Agreement. On September 18, 2009, a first amendment was entered into to approve a vendor name change. The originally approved agreement of 2005 expired on June 30, 2010; therefore, a second amendment was entered into on May 25, 2010, to approve a one-year extension with an annual payment not to exceed $65,000. With increased usage as a result of the additionally leased copiers, the approved contract amount of $65,000 was insufficient by $4,000. The Support Services Budget has sufficient funds but the approved contract amount will require an increase. FISCAL IMPACT: Adequate funds are available in the Support Services Operating Budget. ATTACHMENTS: Third Amendment THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND INNOVATIVE DOCUMENT SOLUTIONS COPY MACHINE MAINTENANCE, SERVICE, AND PERFORMANCE AGREEMENT THIS THIRD AMENDMENT is made and entered into as of August 9, 2011, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Innovative Document Solutions, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On February 22, 2005, the City and Consultant entered into that a five- year Agreement entitled "Agreement for Copy Machine Maintenance, Service, and Performance Agreement" in the annual amount of $80,808.00, with an annual 10% contingency. b. On September 18, 2009, the Agreement was amended to change the name of the vendor. c. On May 25, 2010, the Agreement was amended to extend the five-year agreement by one year to June 30, 2011, in the amount of $65,000. d. The parties now desire to increase payment for the annual maintenance for fiscal year 2010-2011 by $4,000. 2. Section 3 of the Agreement entitled "PAYMENT" is hereby amended to read as follows: "The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The Third Amendment amount shall not exceed the annual amount of sixty-nine thousand dollars ($69,000) for the annual maintenance and service of copiers for a total Agreement amount of four hundred sixty-nine thousand and forty dollars ($473,040)." Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 1 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street. Temecula, CA 92590 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA INNOVATIVE DOCUMENT SOLUTIONS (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Kevin Heitritter, President ATTEST: By: By: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Sandi Heitritter, Vice President Innovative Document Solutions 26855 Jefferson Avenue Murrieta, California 92562 951-676-8885 mailto:info@idscanon.com FSM Initials: Date: 3 Item No. 6 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT City Manager/City Council Greg Butler, Director of Public Works/City Engineer August 9, 2011 First Amendment to the Agreement with Riverside County for Real Property Services - French Valley Parkway/I-15 Overcrossing and Interchange Project Project Numbers PW02-11 and PW07-04 PREPARED BY: RECOMMENDATION: Amer Attar, Principal Engineer - CI P Beryl Yasinosky, Management Analyst That the City Council: 1. Approve the First Amendment to the Agreement with the County of Riverside, in an amount of $40,485 for a revised total contract amount of $65,000, to provide additional Real Property Services associated with the French Valley Parkway/ 1-15 Overcrossing and Interchange Project - Project Numbers PW02-11/PW07- 04; and 2. Authorize the City Manager to execute the Agreement. BACKGROUND: In February 2010, the City entered into an Agreement with the County of Riverside to provide real property services (acquisition of right-of-way) for two properties associated with the French Valley Parkway/I-15 Overcrossing and Interchange Project for an amount not to exceed $24,515. The agreement was necessary because all right-of-way acquisitions associated with the project must follow the federal Uniform Act and Caltrans Right of Way Manual, which requires that a Caltrans certified agency or company must perform the acquisition. Since then, the City and County have been working to secure all necessary right-of-way areas for this project. The extent of the right-of-way acquisition and certification process has exceeded the original expectations of the agreement with the County. It is necessary to increase the maximum compensation of the agreement by $40,485 for a new total contract amount of $65,000 to ensure that the agreement provides sufficient funding to reimburse the County for its services. FISCAL IMPACT: The French Valley Parkway/Interstate-15 Overcrossing and Interchange Improvements Project is identified in the City's FY 2012-2016 Capital Improvement Program, which is funded with capital project reserves and TUMF revenues. The First Amendment to the Agreement is proposed to increase the amount of the original contract by $40,485 for a new not to exceed contract amount of $65,000. Adequate funds are available in project account 210- 165-726-5700 to fund the amended agreement. ATTACHMENTS: 1. First Amendment to Agreement for Real Property Services 2. Original Agreement for Real Property Services FIRST AMENDMENT TO AGREEMENT FOR REAL PROPERTY SERVICES BETWEEN THE COUNTY OF RIVERSIDE AND CITY OF TEMECULA (FRENCH VALLEY PARKWAY/I-15 OVERCROSSING AND INTERCHANGE) This First Amendment to the Agreement for Real Property Services ("1st Amendment"), dated as of , is entered by and between the County of Riverside, a political subdivision of the State of California, ("County") on behalf of the Economic Development Agency, Real Estate Division ("Real Estate") and the City of Temecula, a municipal corporation ("City"). WITNESSETH: WHEREAS, the City and County have entered into that certain Agreement for Real Property Services Proposed French Valley Parkway/I-15 Overpass and Interchange Improvement Project in the City of Temecula dated February 23, 2010, ("Original Agreement"); and WHEREAS, pursuant to the Original Agreement, the County agreed to provide, through its Real Estate, acquisition, management, and disposition of real property services to the City for the parcels described in the Original Agreement; and WHEREAS, the City has requested that the County, through its Real Estate, provide additional services than those described in the Original Agreement; and WHEREAS, the compensation for the services set forth in the Original Agreement was Twenty-four Thousand Five Hundred Fifteen Dollars ($24,515.00) and the County has requested additional compensation in the amount of Forty Thousand Four Hundred Eighty-five Dollars ($40,485.00) for the additional services requested by the City; and WHEREAS, the City and the County desire to amend the Original Agreement to describe the additional services that the County will perform and the compensation for such services. NOW, THEREFORE, for good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the parties agree to amend the Original Agreement as follows 1. COMPENSATION. Section 4 of the Original Agreement is hereby amended to read as follows: The City shall pay the County for services performed and expenses incurred in accordance the terms and conditions of the Agreement and at the standard rate of $125.83 per hour for the estimated services described in Exhibit "A-1", attached hereto and incorporated herein. The total compensation paid to the County under this Agreement shall not exceed the sum total of Sixty Five Thousand Dollars ($65,000.00) unless a written Amendment to this Agreement is executed by both parties prior to performance of additional services. County and City will monitor work requirements and efforts to avoid reaching the limits of compensation before the last month of the term of this Agreement. 1 2. PROCEDURES. Section 9 of the Original Agreement is hereby amended by adding the following introductory paragraph at the beginning of Section 9: The purpose and intent of this Agreement is for City to retain the services of County to support all right of way work related to the acquisition of fee parcels and easement parcels (permanent and temporary) for preparation of the State of California Department of Transportation ("CalTrans") Right of Way Certification as set forth on Exhibit "A-1". 3. EXHIBIT A. Exhibit A of the Original Agreement is hereby amended and replaced by Exhibit "A-1" attached hereto and incorporated herein by this reference. 4. MISCELLANEOUS. Except as amended or modified herein, all of the terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS HEREOF the parties hereto have executed this 151 Amendment as of the date first above written. CITY OF TEMECULA COUNTY OF RIVERSIDE By: By: Shawn D. Nelson, City Manager Bob Buster, Chairman Board of Supervisors Date: Date: ATTEST: ATTEST: Kecia Harper-Ihem Clerk of the Board By: By: Susan W. Jones, MMC, City Clerk Deputy APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney 2 APPROVED AS TO FORM: Pamela J. Walls County Counsel By: Synthia M. Gunzel Deputy County Counsel EXHIBIT "A-1" LIST OF PARCELS ASSESSOR'S PARCEL NUMBERS OWNERS NAMES 910-262-006 Madison Holdings, LLC A California Limited Liability Co. 910-262-008 Basics Etc. Corp. A California Corporation 910-262-005 City of Murrieta, a municipal corp. 910-262-004 City of Temecula, a municipal corp. 910-262-039 Murrieta Real Estate Investment 910-262-040 City of Temecula, a municipal corp 910-262-043 City of Murrieta, a municipal corp. 910-262-045 City of Murrieta, a municipal corp. 910-262-047 Murrieta Real Estate Investment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ID -It AGREEMENT FOR REAL PROPERTY SERVICES PROPOSED FRENCH VALLEY PARKWAY/I-15 OVERPASS AND INTERCHANGE IMPROVEMENT PROJECT IN THE CITY OF TEMECULA This Agreement is by and between the County of Riverside, a political subdivision of the State of California, ("County"), acting by and through its Economic Development Agency, Real Estate Division, ("Real Estate"), and the City of Temecula, a municipal corporation ("City"). 1. Recitals. WHEREAS, City has a need to acquire, lease, and sell and appraise interests in land as part of the French Valley Parkway/I-15 Overpass and Interchange Improvement Project, herein called "Project". WHEREAS, County has established Real Estate to acquire, manage, and dispose of real property on a countywide basis. WHEREAS, City and Real Estate desire to enter into this Agreement to authorize Real Estate to provide a scope of right-of-way acquisition services for City for 2 parcels shown on the attached list, herein called "List of Parcels", attached hereto as Exhibit "A", which such parcels being necessary for the completion of the Project and are more particularly described on the attached map, herein called "Project Map", attached hereto as Exhibit "B". WHEREAS, Real Estate is certified by the State of California Department of Transportation, herein called "Caltrans, to perform acquisition for State Highways and Federally funded projects. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Parties agree as follows: 2. Description of Services. Real Estate shall provide services in the general nature of right-of-way real property acquisition services as outlined and specified in Paragraph 9. B herein. //1 Page 1 of 12 10-20-09 YK:yn S:\Real Property EDA\Real ProperyDistdcl Projects \ Dist 31115 -French Valley Perkway1ProjectU9reement for Real Properly Services 01-06-10.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. Term. This Agreement shall commence upon execution by City and Real Estate and shall terminate upon completion of the services and full performance of this Agreement unless terminated by either party. This Agreement may be terminated with a 15 day notice in writing by either party, with or without cause pursuant to the terms provided in Paragraph 5 herein. 4. Compensation. The City shall pay the County for services performed and expenses incurred in accordance with the terms of this Agreement. The total amount of compensation paid to the County under this Agreement shall not exceed the sum of Twenty Four Thousand Five Hundred and Fifteen Dollars ($24,515) unless a written amendment to this Agreement is executed by both parties prior to performance of additional services. Said compensation shall be paid in accordance with an invoice submitted to City by County within fifteen (15) days from the last day of each calendar month, and City shall pay the invoice within thirty (30) working days from the date of approval of the invoice. All costs shall be billed in accordance with the estimated costs and other terms for the completion of the acquisitions. 5. Termination. Either party may, by written notice to the other party, terminate this Agreement in whole or in part at any time. Such termination may without cause or because of a failure to perform the duties and obligations under this Agreement. In the event that City shall terminate this Agreement, County shall be compensated for those services which have been completed and time and/or tasks performed even if the acquisition has not been completed. 6. Compensation Schedule. City shall pay County at the rate of $125.72 per hour for the estimated number of hours that will be based on property acquisition assignments periodically given by the City to the County, which hourly fee shall provide complete compensation for County's services under this Agreement. No work shall be undertaken on any parcel until authorized pursuant to the procedures set forth in Section 9 of this Agreement. Page 2 of 12 10-20-09 YK:yk S:\Real Properly EDA\Real Propeny\Ushict Projects\Dist 3\I15 -French Valley ParkwayPProlect1Agreement for Real Properly Services 01-06.10.cloc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Schedule. Following the execution of this Agreement, City and Real Estate shall develop a schedule for the acquisition of parcels necessary for the completion of the Project. Real Estate shall notify City immediately if it concludes such a schedule is no longer feasible. 8. Coordination. A. The official representative of City on all property related matters shall be the City Manager or his/her designee. The official representative of Real Estate on all property related matters related to this Agreement shall be the Economic Development Manager, Real Estate Division, or his/her designee. B. The Economic Development Manager, Real Estate Division, or his/her designee will make all contacts with City through the City official so designated. By the same token, contacts to be made by City personnel with Real Estate will be coordinated through the Real Property Manager, Real Estate Division, or his/her designee. C. The Economic Development Manager, Real Estate Division, will meet as necessary with City's City Manager and designated staff to review and discuss acquisition and status of work. D. All real property acquisitions made by Real Estate shall be based on City's statutory authority. Any decisions to exercise the power of eminent domain shall be made by the City Council after a duly noticed public hearing. E. City hereby authorizes its City Manager to execute addenda to this Agreement as necessary on behalf of City. F. Real Estate will provide a work order number for the Project. Only work related to the Project can be charged. All charges shall be paid within 30 days of approval of invoice by City at rates as set forth in Paragraph 4 above or as agreed to in any addenda to this Agreement. Invoices for services provided by Real Estate shall be presented in a format to be agreed upon by City and Real Estate. 9. Procedures. A. City agrees: Page 3 of 12 10-20-09 VK:yk S:Real Properly EDA1Real Propertl4Distncl Project -Mist 31115 -French Valley ParkwaylProjeci1Agreement for Real Properly Services 01-06-10.eoc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1) To fund one hundred percent (100%) of all right of way costs, subject to the provisions of this Agreement, which costs shall include, but not be limited to, amounts paid to any owner for property or easements acquired from said owner, title insurance premiums, escrow fees and related charges, appraisal fees, consulting fees and the cost of services to be provided by Real Estate as set forth herein. (2) To furnish Real Estate with completed right of way maps for the parcel and easement (permanent and temporary) to be acquired and as set forth on Exhibit "A" and identified on the Project Map. (3) To furnish Real Estate with legal descriptions for the parcels and easements (permanent and temporary) to be acquired and as set forth on Exhibit "A" and identified on the Project Map. (4) To furnish Real Estate with existing and available aerial photos, plans and profile maps, environmental assessment reports and other pertinent and relevant materials and information regarding the Project. (5) To provide staking as requested by Real Estate and approved by City. (6) To pay Real Estate within 30 days of approval for services provided as specified herein at the rate of $125.72 per hour, which such invoice shall be prepared and delivered to City on a monthly basis and shall include information and details as City may reasonably require. (7) To pay on behalf of Real Estate or City within 30 days of approval of invoice all other direct and indirect costs or fees approved by City. B. Real Estate agrees at City's expense, to manage the acquisition of right of way and provide, or cause to be provided, related services, which shall include: (1) Acquiring property in the name of City or such other name as City shall designate. (2) Contracting for relocation assistance services and managing contractors, as needed. (3) Real Estate has obtained appraisals provided by City. During the course of Page 4 of 12 10-2049 YKyk S:1Real Property EOA\Real PropertylOistrlcl Projects \Dist 3V15•French valley Parkway\PcojecMgreement for Real Property Services 01-06.10.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 negotiations, no commitments will be made to any property owners without the written consent of City. All such commitments will be addressed in a formal right-of-way agreement negotiated by Real Estate and approved by the Real Property Manager, Real Estate Division, or his designee and City. (4) Contracting for the necessary escrow and title services with a firm or firms approved by Real Estate and City for all parcels acquired on behalf of City and overseeing said escrow and title services to include: (a) Opening escrow. (b) Making arrangements for conveyance of title. (c) Causing the escrow and/or title company to remove encumbrances to title in order to deliver clear title to any parcel or easement to the satisfaction of City to include obtaining reconveyances, paying demands, fees, and other expenses approved by City in order to remove such encumbrances as may be requested by City. (d) Delivering to the escrow company checks payable to the escrow and/or title company prepared or caused to be prepared by City for payment of property and easement acquisitions, escrow fees, title charges and other related costs. (e) Causing the escrow company to prepare a final closing statement of each completed property transaction to be delivered to City. (5) Furnishing to City periodic status updates of all parcels in escrow, together with estimated costs, including title premiums, escrow fees and other related expenses as to each open escrow. (6) Furnishing to City periodic status updates regarding the progress of work and budgetary expenditures for the Project in such form and format and at such frequency as Real Estate and City shall agree. (7) Completing acquisitions of all parcels; provided however, any proceeding to file a formal condemnation action with a court of competent jurisdiction will require approval of City prior to initiating such proceeding. Page 5 of 12 10-20-09 YK:yk S:Real Properly EDA\Reel Properly1Di51ncl Projecl5\DIs' 31115 -French Valley Parkway1PrajedU9reemenl for Real Property Services 01-06-10.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (8) Providing all property management services for property acquired pursuant to this Agreement. (9) Compiling a list of any surplus/excess property that may have been acquired on behalf of City and, if requested by City, selling or leasing said surplus/excess property. If such request is made, Real Estate shall obtain an appraisal for each surplus/excess property by an appraiser selected by Real Estate and approved by City and submit said appraisal(s) to City for approval. Upon approval of said appraisal(s) by City, which approval shall be in writing, Real Estate shall initiate any and all necessary, appropriate and required actions to cause the sale or lease of said surplus/excess property. All net proceeds from the sale or lease of surplus/excess property shall be remitted to City. (10) Delivering or causing to be delivered to City a final product with respect to each acquisition to include the following: (a) Project file (b) Original recorded deed (c) Original executed right of way agreement (d) Policy of Title Insurance (e) Correspondence, notes, and other information documenting the acquisition. C. It is mutually agreed: (1) The purpose and intent of this Agreement is for City to retain the services of Real Estate to expedite the acquisition of fee parcels and easement parcels (permanent and temporary) for right of way as set forth on Exhibit "A" and identified on the Project Map. The fact that this Agreement specifies that certain costs or payments shall be made to Real Estate by City does not imply that any costs not specified herein shall be borne by Real Estate or not reimbursed by City, however any such costs not specified which Real Estate wishes to be reimbursed by City must be approved by City in writing prior to any reimbursement. (2) City and Real Estate acknowledge that they have reviewed the schedule, herein called "Project Schedule", and attached hereto as Exhibit "C". Real Estate agrees to Page 6 of 12 10-20-09 VK:yk S:'Real Property EPAV2eal Property\District Projects10is13\115-French Valley Parkway1ProtecMgreement for Real Property Services 01-06-10doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 diligently pursue its duties and responsibilities as set forth in this Agreement in accordance with the schedules set forth in said Exhibit "C". Furthermore, Real Estate recognizes that City may direct Real Estate to cease work under this Agreement at any time. (3) The time required to initiate negotiate and complete the acquisition of any one - fee parcel or easement parcel is estimated to be 65 hours. City and Real Estate recognize that the acquisition of certain parcels may require additional time resulting from unusual, unforeseen or unanticipated factors or the need to file a formal condemnation action with a court of competent jurisdiction. Upon the occurrence of circumstances which in the estimation of Real Estate shall require time in excess of said 65 hours to initiate, negotiate and complete any acquisition, Real Estate shall describe in writing for the City each such parcel or easement and cite the reasons for the anticipated additional time needed to complete the acquisition. (4) Both City and Real Estate recognize that effective communication is needed to maintain flexibility, alter priorities and respond to unpredicted events, therefore, monthly meetings involving City management staff and Real Estate staff will be conducted at a location to be determined by City to ensure full, complete, timely and accurate disclosure, sharing and dissemination of all relevant information and activities. In addition, Real Estate personnel shall communicate and coordinate with City personnel on an as -needed basis regarding the current status and to provide updates as to the appraisal and acquisition process. (5) Any internal communications, including, without limitation, appraisal reports and attorney/client communications, between City and Real Estate, or their respective representatives and subcontractors, shall be considered confidential and shall not be disclosed without the prior written consent from City. 10. Resolution of Matters. Any disputes or differences that may arise as between City and Real Estate may be informally resolved by and through City's City Manager, or his or her designee, and the Real Property Manager, Real Estate Division, or his or her designee. Page 7 of 12 10-20-09 YK:yk &Teal Properly EDA1Real Property1Petrict Projects1Dis131115-French Valley ParkwaylProjecM9reement for Real Property Services 01-06-10.0oc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. Notices. Any and all notices sent or required to be sent to the parties to this Agreement shall be mailed to the following addresses: City of Temecula P. 0. Box 9033 Temecula, California 92589-9033 Attn: Amer Attar, Principal Engineer County of Riverside Economic Development Agency 3403 10th St. Ste. 500 Riverside, California 92501 Attn: Janet M. Parks, Economic Dev. Manager or to such other addresses as from time to time shall be designated by the respective parties. 12. Modifications. No modification or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, an no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 13. Indemnification. Neither County nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority or jurisdiction delegated to City under this Agreement. It is further agreed that pursuant to Government Code Section 895.4, City shall fully indemnify and hold County harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by City under or in connection with any work, authority of jurisdiction delegated to City under this Agreement. /// /// /1/ Page 8 of 12 10-20-09 YK:yk S:\Real Properly EOA\Real Property restrict Projects\Dist 31115 -French Valley Parkway\Project1Agreement for Real Property SenicesOl-06A0.00c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 14. Execution by County. This Agreement shall not be binding or consummated until its approval and execution by the County's Board of Supervisors. Dated: FEB 2 3 2010 REVIEWED AND RECOMMEND FOR APPROVAL: et M. Parks conomic Development Manager ATTEST: Kecia Harper -Them Clerk of the Board By: APPROVED AS TO FORM: Pamela J. Walls County Counsel By: >'17"nc6` A. (-70-AA-Ce Synt is M. Gunzel Deputy County Counsel CITY OF TEMECULA By: Shawn D. Nelson, City Manager ATTEST: APPRO D AS • FORM: By: Peter M. Thorson, City Attorney COUNTY OF RIVERSIDE By: Marion ' shley, Chairman Board of Supervisors Page 9 of 12 10-20-09 YK:yk S:IReel Property EOA1Rea1 PropertykDistecl Projects1Dist 31115 -French Valley Parkwayd'rofecMgreemenl for Reel Properly Services 01-06-10.00c 9 to PPP 9 q 9M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "A" LIST OF PARCELS ASSESSOR'S PARCEL NUMBERS OWNERS NAMES 910-262-006 Madison Holdings, LLC A California Limited Liability Co. (Robert H. Tyler) 910-262-008 Basics Etc. Corp. A California Corporation Page 10 of 12 10.20-09 VK:yk S:\Real Property EDA\Real Property4District Projects\Dist 3V15 -French Valley Parkway\ProjecMUgreenenl for Real Property Services 01-06-10.doc 0, J. 22:: W; uiI a• 6. , chi N Riverside. CA, 2009-2010 - 910.262 ICT MV CIS two:o ICI ,SS1195111 TflOSt5 MT. IC IOS:p II IS 1S610 lqnit l:.'SCICS Cr IXC [ill,o„I. RSfsX4 s Mal 1! C1 (COLT ?HP tau 101.9151 CO WOtOI6 SII( NCwM<15. I , 'iOV U 1 2034 ff Et, 0 1-0 EKE DE agr SEC.26 27 T.7S.,R.31Y CITY OF VARIER SPECULA DATE 5 I L Z ._ ^g' ASSISSCfln+ 16110 PC.16 Ci.u,id, Cm61/. Calif, 1913 1/4 CC44 COUB> `• t S7 'Pli 13526-29 PARC PA 144/51-35 PARC __ —..- __,gc_CON, 1' \ W 168/71-75 PARC 1 PV 290/5.6 PARCE PU 203/32-35 PARC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "C" PROJECT SCHEDULE COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY REAL ESTATE TIMELINE FOR PURCHASE APN: 910-262-006 Review of Appraisal by State of California Department of Transportation "Cal Trans" Prepare Documents Negotiate with Property Owners Page 11 of 12 2 Weeks 3 Weeks 6 Weeks 10.20-09 YK:yk S:\Real Property EDA1Real Propertynstricl Projects\Dis131115-French Valley Parkway\Projecl1Agreement for Real Property SeMces 01-06-00.00c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT "C" PROJECT SCHEDULE COUNTY OF RIVERSIDE ECONOMIC DEVELOPMENT AGENCY REAL ESTATE TIMELINE FOR PURCHASE APN: 910-262-008 Review of Appraisal by State of California Department of Transportation "Cal Trans" Prepare Documents Negotiate with Property Owners Page 12 of 12 2 Weeks 3 Weeks 6 Weeks 10.20-09 YK:yk S:1Real Property EOA1Real PrapergiDistrict Projects\Dist 31I15 -French Valley ParkwaylPrajeclekgreement for Real Property Services 01-06•10.00c Item No. 7 Approvals City Attorney Director of Finance City Manager OCL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: August 09, 2011 SUBJECT: Temporary Street Closures for 2011 Autumn Fest Events PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council receive and file the following proposed action by the City Manager: Temporarily close certain streets for the following 2011 Autumn Fest Events: 'FALL ROD RUN' 'RACE FOR THE CURE' BACKGROUND: Two special events scheduled during the month of October 2011 necessitate the physical closure of all or portions of certain streets within the Old Town area and surrounding the Promenade Mall. The closures are necessary to facilitate the events and to protect participants and viewers. The two events and the associated street closures are as follows (see attached Location Maps): 1 FALL ROD RUN - October 14-15 The annual Fall Rod Run will be held in Old Town on Friday October 141h, 2011 — 1:30 pm to 8:30 pm and Saturday October 15, 2011 — 5:30 am to 4:30 pm. The street closures are as follows: 1. Old Town Front Street - Moreno Road (N) to Second Street 2. Sixth Street, Fifth Street, Fourth Street, Main Street, and Third Street Mercedes Street to Murrieta Creek North -south traffic will be detoured around the event via Mercedes Street. Access is provided to handicap parking lots located at Sixth Street and Mercedes Street, and First Street at Old Town Front Street. Show car parking will be at designated parking lots and along both sides of Old Town Front Street as shown on the attached Location Map. Access to the parking garage during the Rod Run from the north will be via Moreno Road to Mercedes Street and from the south via Old Town Front Street to Second Street to Mercedes Street. The event will also require the closure of Main Street between Old Town Front Street and the Main Street Bridge. Provisions have been included to ensure public access and public parking at the Children's Museum during the road closure. 2. RACE FOR THE CURE - October 16 The Susan G. Komen Breast Cancer Foundation/Temecula Chapter has applied for permission to close portions of public streets in order to hold the Inland Empire Race for the Cure event on Sunday, October 16, 2011, within and around the Promenade Mall area. Coordination for the activities on the Promenade Mall site has been negotiated with the Mall Site Management. A number of sponsors are supporting this event. The affected public streets, including Winchester Road and Margarita Road will require partial closures on the event date. Certain private roads including the Mall Ring Road will also be partially or fully closed for the event. Provisions for traffic movement along the race route and abutting streets have been reviewed and revised to meet traffic concerns along both major traffic routes and neighboring residences and businesses during the proposed event period. The race route starts on the Mall Ring Road between Macy's North and JC Penny, and then proceeds as follows: Easton Mall Ring Road; North on Promenade Mall West; East on Winchester Road; South on Margarita Road; Weston Nicole Lane; East on Overland Drive; North on Margarita Road; West on North General Kearney Road; North on Mall Ring Road, to the finish line located in the parking lot at JC Penny. ****As a route change from last year, the southerly u -turn at Margarita Road and Solana Way will instead take place via Nicole Lane and Overland Drive due to the lack of adequate turning room at Solana Way. All north and south bound lanes of Margarita Road between North General Kearney Road and Overland Drive will be closed to traffic to allow for adequate space for participants to maneuver back north on Margarita Road (all as shown on the approved detour route attached). Due to the new route, Georgetown Lane access to Margarita Road will be closed. Residents living in the Woodcrest development that normally use Georgetown Lane to exit their neighborhood will be detoured to Solana Way via Rycrest Drive. Vehicular access to southbound Margarita Road from North General Kearney Road will be prohibited. Residents and church parishioners from the Campos Verdes neighborhood will still have northbound access to Margarita Road. Affected residents and churches within the Woodcrest and Campos Verdes will be notified by mailings of the detours. Event organizers will be available to respond to any resident concerns or questions. The following summarizes the extent of street closures for Sunday October 16, 2011 The road closures are from 5:00 AM to 2:00 PM: Winchester Road — Winchester Road between Ynez Road and Margarita Road will be partially closed. The two eastbound lanes closest to the south curb will be closed. Margarita Road - Margarita Road, between Winchester Road and Solana Way will be partially closed. The two (2) southbound lanes will be closed. The portion of Margarita Road between North General Kearney Road and Overland Drive will be fully closed. Overland Drive — Overland Drive between Margarita Road and Nicole Lane will be closed. Nicole Lane — West and northbound Nicole Lane lanes will be closed. N. General Kearney Road — (Private portion) — N. General Kearney Road between Margarita Road and the Mall Road will be closed to traffic access from Margarita Road. Mall Ring Road (Private Street) — All lanes of the Mall Ring Road, between North General Kearney Road and Promenade Mall West will be closed for the event. Campos Verdes Lane (Private Street) — All lanes of Campos Verdes Lane between Margarita Road and the Mall Road will be closed. Promenade Mall East (Private Street) — All lanes of Promenade Mall East between Winchester Road and the Mall Road will be closed. Promenade Mall West (Private Street) — All lanes of Promenade Mall West between Winchester Road and the Mall Road will be closed for the event. Georgetown Lane Access to and from Margarita Road for Georgetown Road will be closed. Under Vehicle Code Section 21101, "Regulation of Highways", local authorities, for those highways under their jurisdiction, may adopt rules and regulations by ordinance or resolution for, among other instances, "temporary closing a portion of any street for celebrations, parades, local special events, and other purposes, when, in the opinion of local authorities having jurisdiction, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing". Chapter 12.12 of the Temecula Municipal Code, Parades and Special Events, provides standards and procedures for special events on public streets, highways, sidewalks, or public right of way and authorizes the City Council or City Manager to temporarily close streets, or portions of streets, for these special events. The basic race course is attached hereto. The approved traffic control plans will more effectively allow the movement of traffic in and to the Promenade Mall and other businesses in the adjoining areas, the residential neighborhoods, and the Solana Ridge Apartments. The approved traffic control plan is on file with the Public Works Director and available for review. FISCAL IMPACT: The costs of police services, and for provision, placement, and retrieval of necessary warning and advisory devices by the City Maintenance Department, are included in budgetary items. ATTACHMENTS: Location Maps: 1. Fall Rod Run 2. Race for the Cure 2011 Temecula Fall Rod Run Site Plan October 14, 2011 (1:30 PM — 8:30 PM) October 15, 2011 (5:30 PM — 4:30 PM) Merchant Parking Lots End of L-12 30 Lot L-14 26 End of L-1 55 Lot L-16 13 Public Parking Structure 480 Handicap Parking Sixth Street First Street Mercedes Street Open to Public Civic Center Parking Structure Open to Public Additional motorcycle parking at L-13 Friday evening (until 6:00 PM) Third Street closure will move up to Kid's World parking area to allow for child pickup Old Town Front Street Closes at 1:30 pm on Friday Trash Bins • Portable Toilets (ADAAceessible) Road Closure I j Public Parking I_ J Parcels El Event Headquarters r .-I Incident Command Post (ICP) i Show Car Parking VA Handicap Parking - Private Lot (for Stampede Employees) mari Service by Appointment Only (Customer Parking) I Merchant Parking 1 Motorcycle Parking o 95 190 380 570 700 red Emergency Response Area at Fire Station 12 Old Town Ms sop • r.Ra tins Col 4 InOSlM OeN+s�a ntaps�m Sryt nc nRM bnlr.nn,,• totte Wes ntata0 t% W MntI1Xo t"N/Alutl«) UfpMt•11/. nnOlha Ttanipxtst.ro0l tl YstIgprw0A0a«i rn «Rtt4tCNnir Trp CI, ?Tt .rn'MSNmtm wog/ t of Yv4 4. oont bray IC, I'm Inktnauo M gnHs sol co lti Map OaUan,WennMdenprwtarMA to asp s aliset to WS*, aMmeOGtYgn fro baopgtte arrtbn O,Vtet AMt T ,mtpOIp MAIM,t Raps cork mutt wtMn lrfonslTNt n M nt1 lastaplfNNrstaY Mlp papaya F,Otwry n. 2010 rS kt•BM!00p!40OQTM*lth2010 itua EXHIBIT 'A' BALOARAY CR _ SIXTH 81 l Motorcycle Packing 0) a iI C Luc Conte, P rklnq Structure Handicap Barking _SECOND ST / 1 AtAttclnrklufl Sctylced byHoy Scrnpn Handicap Pirking on Street 45 M1L55PERH0UR YNEZ ROAD SUSAN G. KOMEN RACE FOR THE CURE 2011 LD 1 i - i ozco Wad 11 .TT (✓00 (u1 MCI PIT IAN R. NO PARKING/STAGING AREA W-2 MIM 1 J s 1 4• CO]191RTEE NC�1iOL JIiTEER FIAT 8FNERAI NOTFS: 1, ALL TRAFFIC CONTROL DEVICES SHALL CONFORM TO THE LATEST EDITION OF THE CAUFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (2006 CALIFORNIA MUTCD) AND THE STANDARD SPECFICATIONS FOR PUBLIC WCRKS CONSTRUCICN. 2. THE CITY ENGINEER OR HIS REPRESENTATIVE HAS THE AUT140111TV TO INITIATE FIELD CHANCES TO ASSURE PUBUC SAFETY. 3, ALL TRAFFIC CONTROL DEVICES SHALL BE REMOVED FROM VEW 611EN NOT IN USE. 4, WORK HOURS SHALL BE RESTRICTED TO THE PERIOD BETWEEN 9:30 AM AND 3!30 PM, MONDAY THROUGH FRIDAY, UNLESS APPROVED OTHERWISE. MIEN NIGHT WORK S REQUIRED, WORK HCURS MUST BE BETWEEN 9:00 PM TO 5:00 AN. SUNDAY THROUGH THURSDAY, 5. TRENCHES MUST 8E BACK FILLED OR PLATED DURING NON—W0RKING HOURS. 6. PEDESTIHAN CONTROLS SHALL BE PROVIDED AS SHOWN ON THE PLANS, 7, TEMPORARY No PARKING" SIGNS WILL BE POSTED 24 14011R5 PRIOR TO CONNENCINC WORK. 8. ACCESS TO DRIVEWAYS WILL 8E MAINTAINED AT ALL TIMES UNLESS OTHER ARRANGEMENTS ARE MADE. 9. THE CONTRACTOR SHALL REPLACE WITHIN 24 HOURS. ALL TRAFFIC SIGNAL LOOP DETECTORS DAMAGED DURING CONSTRUCTION. ID, THE CONTRACTOR SHALL REPLACE WITHIN 24 HOURS, ALL STRIPING REMOVED OR DAMAGED BY CONSTRUCTION WORK. (STRIPING MAY BE REPLACED TEMPORARILY WITH TAPE) 11, ALL WORKERS SHALL BE EQUIPPED WITH AN ORANGE VEST (OR A REFLECTIVE VEST AT NIGHT). ALL FLAGGERS SHALL ALSO BE EQUIPPED WITH A HARD HAT, 028 'STOP/SLOW" PADDLE AND SHALL BE TRAINED IN THE PROPER FUNDAMENTALS OF FLAGGING TRAFFIC. 12, ANY WORK THAT DISTURBS NORMAL TRAFFIC SIGNAL OPERATIONS SHALL BE COORDINATED WITH THE CITY OF TEMECULA'S TRAFFIC DIVISION 48 HORS PRIOR TO BEGINNING CONSTRUCTION. CONTACT THE CITYS TRAFFIC DIVISION AT (951) 684-6411. 13. THE CONTRACTOR SHALL MAINTAIN ALL TRAFFIC CONTROL DEVICES 24 HOURS PER DAY AND 7 DAYS PER WEEK. 14. A MINIMUM OF TWELVE (12) FOOT TRAVEL LANES MUST BE MANTANED UNLESS OTIERWISE APPROVED BY THE DEPARTMENT OF PUBLIC WOKK5. 15. ALL NIGHT WORK MILL REQUIRE WRITTEN APPROVAL FROM THE DEPARTMENT OF PUBLIC WORKS. UNE CLOSURES, ROAD DETOURS, ROAD CLOSURES. AND TRAFFIC SIGNAL MODIFICATIONS ASSOCIATED 11114 OVERN11i11 CONSTRUCTION ACTIN TIES WILL REQUIRE WARNING SONS TO BE PLACED AT LEAST ONE WEEK IN ADVANCE OF STARTING CONSTRUCTION. 16. A SOLAR POWERED FLASHING ARROW BOARD SHALL BE REQUIRED ON ALL ARTERIAL STREET LANE CLOSURES O » 460 Ee.' EBd ARE• MARYA • 10 MALL MN 40011 G u FE1151G 60EC 1' - OR 4S RAKES PERHO UR MARGARITA ROAD 6}1 1:711CADE SEESHEE PRU.ARY PA601110 AREA Mr. VAR, WI CO IW NT RHI OUNDAUSOUD80UN0 MARC.URA Per MaCeDIOTWtl1FH TWIFFIC BETWEEN SAA A101130 AM SUMAY00069I 16TH EVENT HOURS ARE R01 el =AMMO MAW SPECIAL ADVISORY SIGN MOUNTED ON CLASS III BARRICADE AND POSTED 14 DAYS PRIOR TO EVENT AT LOCATIONS SHOWN 11, MARGARITA RDAu _ —�I. W6a IAFd f l 1 r'�ill �a `l ott ;� ' - r ION OFIFOI 41.1 h1-4 rOR (RLN TYPE II BY@0ES • Ix 1117 • 100. OG 11TN1 raw 0 6N.TfARO MINN/ DE 160) 10,1 Iw === INTERDC NNG"BIKE RAC!' BARRICADE 11111 TYPE!! BARRICADE = TYPE III BARRICADE RACE DIRECTION LD 11-102C0 CONSTRUCTION RECORD DOTE Sr REIMMNS Ce•rrae 60 Ny6cIR 091.16+1641.0 SCALE Fielompl 1'200 WA Designed Ar 1 D,e.e A,• 1 TONcloN By RV RA RN OWN - Slimy... Of Baty MCC No. 40060 ExP.iu 12/31/11 CITY OF TEMECULA NECCAMENDED BY DATE ACCENTED BY GREG EURER CRECTOR DEFIED r WDA®/CRY DEWIER DAIS CITY OF TEMECULA ASNAATTAD,T OF PUEVC ININAS SUSAN G. KOMEN RACE FOR THE CURE 2011 TRAFFIC CONTROL PLAN 1 4 s6.. 1 so R PROMENADE MALL SUSAN G. KOMEN RACE FOR THE CURE 2011 LD 11 - 102C0 lig amoml NESP GE NpRtN ROAD CLOSED ox rv. &4* S744* 114041‚wJI- 1 11514111111111:4!111P a sleOW is Ittft oawwcnan°". 2 K .x"��"« [ROAD �6� Sp�PNP ii. �d �IIIIII IIIII OVERLAND DRIVE ROAD CLOSED CONS4,,,ON 880080 0,8 SCAIL e 6 rye 48060 I rev Checked CY w, 12/81/11 CITY OF TEMECULA LD1I-XIO2CO CITY OF TEMECULA 06848,06147 04 ae1, WORKS 00,88789 0.478 SUSAN G. KOMEN RACE FOR THE CURE 2011 TRAFFIC CONTROL PLAN 2 Item No. 8 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT City Manager/City Council Greg Butler, Director of Public Works/City Engineer August 09, 2011 Approval of Verizon U.T.A.C. (Underground, Trench, and Conduit) Specifications Agreement and Bill of Sale for Installation of Telecommunications Facilities associated with the Butterfield Stage Road Extension Project, Project No. PW09-02 PREPARED BY: RECOMMENDATION: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer That the City Council 1. Approve an agreement with Verizon California Inc. ("Verizon") titled "Verizon California Inc. U.T.A.C. (Underground, Trench, and Conduit) Specifications Agreement" ("Agreement") and Bill of Sale in connection to the Butterfield Stage Road Extension Project — Phase I, Project No PW09-02 and authorize the City Manager to sign the agreement; 2. Authorize the City Manager to sign the Bill of Sale, transferring ownership of the City - installed telecommunications facilites to Verizon California, Inc. BACKGROUND: On July 2009, the City (as the Temecula Public Financing Authority — TPFA) and the Developer of the Roripaugh Ranch Development executed the Amended and Restated Acquisition Agreement, which provided the necessary mechanism for the City to contract and fund the construction of "Priority Public Improvements" with CFD bond proceeds rather than have to acquire completed improvements from the developer, as originally planned. The Priority Public Improvements are eligible for funding with Roripaugh Ranch Community Facilities District (CFD) No. 03-02 bond proceeds and include Murrrieta Hot Springs Road (MHSR) from the northerly city limits to Butterfield Stage Road (BSR), BSR from MHSR to La Serena, Calle Chapos from BSR to Walcott Road and the public segment of South Loop Road from BSR to the easterly property line of the Fire Station (i.e., the frontage road of the Fire Station). Verizon has completed their design for installation of the backbone telecommunications facilities associated with the Butterfield Stage Road Extension Project — Phase I, Project No. PW09-02. Installation of the Verizon facilities along BSR is necessary as part of the City's Extension Project to allow for the placement of telecommunications conduit street crossings, prior to paving the roadway. Thus, as part of the City's Phase I Street Improvements, the City's contractor will install the Verizon faclilites behind the sidewalk on the west side of BSR between MHSR and Calle Chapos (i.e., installation of Verizon conduit along MHSR was previously performed by the developer). In order to provide the services the City requested, Verizon requires that the Agreement and Bill of Sale be signed by an authorized City representative. The Agreement describes the obligations of the City and Verizon in connection with the installation of substructures and buried communication facilities including conduits, manholes, pullboxes, etc. within the BSR right-of- way. The Bill of Sale allows for the transfer of ownership of City -installed telecommunications facilites to Verizon California, Inc. The City Attorney has reviewed both the Agreement and Bill of Sale and has found these documents to be acceptable. Since the City's contractor will install the Verizon facilities for this Extension Project (and Verizon will only inspect for approval and acceptance), the attached Verizon Invoice represents a balance due of $0.00. FISCAL IMPACT: The Butterfield Stage Road Extension Project, PW09-02, is a Capital Improvement Project funded with Roripaugh Ranch Community Facilites District (CFD) No. 03-02 funds. Adequate funds are available in Project Account No. 210-165-723-5802 for the installation of the Verizon telecommunciations facilities by the City's contractor. ATTACHMENTS: 1. Verizon U.T.A.C. (Underground, Trench, and Conduit) Specifications Agreement 2. Bill of Sale 3. Project Description 4. Project Location 5. Verizon Invoice 07/11/11 Work Order #: 0573-7POAOAR EFL% co py verimp Verizon California Inc. U.T.A.C. (Underground, Trench, and Conduit) Specifications agreement City of Temecula c/o Steve Charette Attention: Steve Charette P.O. Box 9033 Temecula, CA 92589 Reference: Verizon California Inc. U.T.A.C. Specifications agreement for SBU: Commercial — (Rule 34 Back Bone) Location: Butterfield Stage Road from South Loop Rd to Murrieta Hot Springs Rd , Temecula, CA This letter is to outline the developer/owner responsibilities for the property located within the above referenced location. Enclosed are (2) copies of the "Underground Communication Facilities Agreement" and the "Trenching and Conduit Specifications Agreement" which describe the obligations of your organization and Verizon California Inc. in connection with the placement of substructures and/or buried communication facilities. They are for the developer/owner to read and sign. Attached as part of this U.T.A.C. agreement are Verizon Communication's construction plans and specifications. You must notify Verizon California Inc. via written communication (e-mail preferred) if you require any changes. Revisions may require up to 4 weeks for processing. Please be advised the customer may be billed in advance for any modifications to work already completed. Payment for all materials and utility trenches, as outlined on the invoice detail sheet, will be made based on the information provided to Verizon California Inc. with the original tract submittal as outlined in the "Developer to Provide" letter. Under no circumstance will Verizon California Inc. make payments more than its current cost for providing the same type of trenching. Upon receipt of the "Bill Of Sale" please fill out, sign, arid return promptly to Verizon California Inc. Right- of-way Department to prevent any delays in the project. No reimbursements for trenching or materials will be processed before all requests and agreements issued by Verizon California Inc. Right -of -Way Department and the Engineering Department for this project are signed, executed, returned, and recorded. Verizon California Inc. requires a minimum of 30 working days from the date we receive all the signed agreements to schedule the work/job. After acceptance of the completed project by our Construction Inspector please do the following: • Submit a letter, on customer's letterhead, requesting reimbursements. This letter must be attached to the "Contract Forces - Invoice Detail" included in this package. • Fill in the "Contract Forces - Invoice Detail" with the actual usage. © Verizon 2007 An Rights Reserved Information contained herein is subject to change without notice Page 1 of 13 07/11/11 Work Order #: 0573-7POAOAR verizcon If these agreements are acceptable, please arrange to have one copy executed (signed and dated) by your company and return that agreement with drawings for the project. Please retain the additional copy for your records. NOTES: If these documents are not received within 30 days from the date of this letter, the plans will be considered void. Any construction by the developer started prior to receipt of these signed agreements will not be accepted for reimbursements by Verizon California Inc. If request for reimbursement is not received within one year of the signing of the buried agreements, Verizon California will consider this account closed. Please take note of section 7 in the "Underground Communication Facilities Agreement" referencing the cost to be billed if relocation of our facilities is necessary. Any questions concerning this reimbursement schedule must be addressed prior to executing the "Underground Communications Facilities Agreement". Your immediate attention to this request is appreciated. Thank you for your cooperation. Should you have any questions concerning this matter please contact Joe Martinez at 951-295-2503 To confirm the scheduled placement, if applicable, of facilities within the referenced development, please contact the Verizon Construction Coordinator, Raul Chavez 909-307-2630 a minimum of 30 working days prior to the trench date. Thank You, Kristin M. Maldonado Section Manager - Network Engineering Page 2 of 13 © Verizon 2007 All Rights Reserved Information contained herein is subject to change without notice 07/11/11 Work Order #: 0573-7POAOAR \- veriwp Legend & Contractor Notes Material reimbursed by Verizon (See Conduit Vendor Notes) - - Material provided by developer. 4" Conduit, GT42, PVC or ABS marked CA08546 Iiiminemimmomml (General Systems Specification) by Verizon 0 Page -3 -of 13 2" Reimbursable Conduit, GT42, PVC or ABS marked ca08546 (General Systems Specifications) provided by developer. 2" Non -Reimbursable Conduit, GT42, PVC or ABS marked ca08546 (General Systems Specifications) provided by developer. Hand Hole / Meter Box (2'x3' or 17"x30") Concrete Pull Box 3' x 5' / 2' x 3' etc... Manhole © Verizon 2007 All Rights Reserved Information contained herein is subject to change without notice 07/11/11 Work Order #: 0573-7POAOAR Legend & Contractor Notes verizop It is our earnest desire to assist you in planning for adequate usable conduit system at minimum cost to you however; we cannot be responsible for deviations from these specifications which are not specifically approved by our Facilities Inspector. Please contact Joe Martinez at 951-295-2503 30 days prior to the start of construction for a field meet. This meeting is required to outline reimbursement guidelines and required inspections. Any deviation from Verizon's specifications or construction drawing must have prior approval of Verizon's Facilities Inspector. Unless specified on drawing, a minimum of 36" cover below gutter. Where telephone conduit and electrical power are installed in the same trench, there shall be 12" minimum separation of well packed earth or 3" of concrete between the telephone and electrical power ducts. See Exhibit "A". Telephone conduit shall clear all other utilities (water, gas sewer) as required and directed by governmental agencies concerned. Developer or developer's contractors shall be responsible for obtaining necessaryexcavation permits and inspection fees. Developer will furnish final measurements, size & location for conduit, pull boxes, manholes and provide wall to wall, and wall to pole footages. All measurements will be verified by a Verizon Facilities Inspector. Steel measuring tape must be used for wall to wall measurements. Mainline conduit sweeps may require concrete encasement. Conduit terminating in a manhole must be encased in concrete for at least 15" outside of manhole wall to minimize shearing action from backfill settlement. All ducts must be quality checked by drawing a mandrel of proper size through all ducts prior to the acceptance of the conduit system in the presence of a Verizon Facilities Inspector. Mandrel to be 3 5/32" x 12" for 31/a" duct and 3 5/8" x 12" for 4" duct. A polypropylene pull rope is to be placed in each duct. Shade ducts with select material (no rocks over 3/8" diameter) as shown in Exhibit "A". Page 4 of 13 © Verizon 2007 All Rights Reserved Information contained herein is subject to change without notice 07/11/11 Work Order #: 0573-7POAOAR verrmn Conduit bends in a trench line that is to be provided and placed by the developer will not have less than 12' 6" radius (unless otherwise specified). Place ground rod provided by Verizon at riser poles if schedule 40 PVC riser is used. Page 5 of 13 ® Verizon 2007 All Rights Reserved Information contained herein is subject to change without notice 07/11/11 Work Order #: 0573-7POAOAR verizoi 30" Min. 12" min. Well tamped earth, free of rock and debris or 3" rein. concrete. TRENCH DETAIL Final grade. Select material, well tamped earth, free of rock and debris. 12" Min. 4» - I4" Vertical Separation 1 Final grade: 30" Min. 1 6" Bedding. 4" Bedding Per Power Co. Spec. 30' Min. Final grade. Select material, well tamped earth, free of rock— and debris. Bedding Per Power Co. Spec. Select material, well tamped earth, free of rock and debris 14— 4" Telephone Only mm. "ell tamped earth, free of rock and debris or 3" min. concrete. Horizontal Separation 1 Page 6 of 13 Information contained herein is subject to change without notice 07/11/11 Work Order #: 0573-7POAOAR Verizon California Inc. UNDERGROUND COMMUNICATION FACILITIES AGREEMENT veriLn WHEREAS, City of Temecula hereinafter referred to as "Applicant" is the owner of certain land known as Butterfield Stage from South Loop Rd to Murrieta Hot Springs Rd, the City of Murrieta, County of Riverside, in the State of California. WHEREAS, Applicant desires or is required to have underground communication facilities placed in said land in accordance with and subject to the Tariff Schedules of Verizon California Inc. (hereinafter referred to as "Verizon California Inc") which Tariff Schedules include, but are not limited to, Rule No. 34; and, THEREFORE, IT IS AGREED AS FOLLOWS: 1. Applicant agrees to execute and deliver to Verizon California Inc., without cost, adequate easements for communication purposes on VERIZON CALIFORNIA INC standard right-of-way document, said easements to be generally along the areas delineated in VERIZON CALIFORNIA INC Construction Plan attached hereto and made a part hereof. VERIZON CALIFORNIA INC agrees to prepare the necessary right-of-way document for Applicant's signature. 2. Upon the granting of said easements, Applicant shall, within a reasonable time after requested by VERIZON CALIFORNIA INC, perform the work required of it at its expense as set forth in the Construction Plan in accordance with Rule No. 34. If materials are furnished by Verizon California Inc, Applicant shall use all reasonable precautions to safeguard VERIZON CALIFORNIA INC materials. In furnishing said materials or performing said work, Applicant shall comply with all the terms and conditions of this agreement including the Construction Plan Specifications, further including, but not limited to, the following special conditions applicable to the specific types of work or materials: a. If trenches are required to be furnished by Applicant, said trenches are to be dug, located, and backfilled in accordance with the Construction Plan and Specifications. If buried cable is to be placed by VERIZON CALIFORNIA INC, all trenches shall be of constant depth and clear and free of debris at the time VERIZON CALIFORNIA INC places the cable. b. The Construction Plan or a separate letter shall specify which party is to furnish and which party is to install any required supporting structures including manholes, vaults, pull boxes, terminal cabinets or conduit, and the type, size, locations, and applicable specifications for installation in accordance with Rule No. 34. 3. All work required of Applicant shall be subject to the inspection and satisfaction of VERIZON CALIFORNIA INC. Applicant agrees that before any work in connection with this agreement is commenced, VERIZON CALIFORNIA INC shall be notified sufficiently in advance so that VERIZON CALIFORNIA INC shall have the opportunity to have a representative present at any stage of the work. Applicant further agrees that no backfilling or tamping of trenches shall be performed unless a representative of VERIZON CALIFORNIA INC is present during the entire operation, or unless VERIZON CALIFORNIA INC shall otherwise give its prior consent. VERIZON CALIFORNIA INC agrees to notify Applicant within a reasonable time that a representative of VERIZON CALIFORNIA INC will be present or that VERIZON CALIFORNIA INC consents to the Applicant proceeding without such representative. Failure of VERIZON CALIFORNIA INC to make the preceding notification shall be deemed to be VERIZON CALIFORNIA INC consent to the Applicant proceeding without such representative. The failure of VERIZON CALIFORNIA INC to inspect said work or to have a representative present during various phases of the work, shall not relieve Applicant of its responsibility to perform said work in accordance with VERIZON CALIFORNIA INC Construction Plan and Specifications. Page 7 of -13 © Verizon 2007 All Rights Reserved Information contained herein is subject to change without notice 07/11/11 Work Order #: 0573-7POAOAR UNDERGROUND COMMUNICATION FACILITIES AGREEMENT verr�n 4. Applicant shall indemnify and hold VERIZON CALIFORNIA INC harmless from any and all liability, loss, damage, or claims of any kind arising out of or resulting from any negligence of Applicant, or its contractors and subcontractors in connection with or related to the furnishing of materials or the performance of the work contracted for herein, or violations of this agreement by Applicant. This indemnity shall commence on the date this agreement is signed by both parties and shall continue in force for a period of sixteen (16) months thereafter, provided that the Applicant commences work within three (3) months after this agreement is signed by both parties. In the event the Applicant fails to commence work within the preceding time period, this agreement shall be null and void and of no force and effect. 5. Applicant shall advise and inform all persons performing excavation or other work upon the subject real property, or any part thereof, of the grade and location of VERIZON CALIFORNIA INC facilities during such time as the Applicant has title, possession or control of the real property or such part thereof. This duty shall cease as to those portions of the real property which the Applicant has relinquished title, possession or control. 6. It is distinctly and particularly understood and agreed between the parties hereto, that Applicant is acting on his own behalf in performing, or causing to be performed, said work required of Applicant pursuant to this agreement, and that VERIZON CALIFORNIA INC is in no way associated or otherwise connected with the actual performance of the work or with the employment of labor or the incurring of other expenses. It is further understood and agreed, subject only to the conditions set forth herein, that Applicant shall have the sole control of the manner and means of performing this agreement. 7. Notwithstanding anything to the contrary in this agreement, Applicant agrees to reimburse VERIZON CALIFORNIA INC for VERIZON CALIFORNIA INC full cost of relocating, rearranging and/or repairing its facilities when any or all of the foregoing is necessary and caused by Applicant changing established final grades or the locations set forth in the Construction Plan and/or Specifications. Applicant understands that any significant change in the final grades or the location of VERIZON CALIFORNIA INC facilities may necessitate relocation and rearrangement of VERIZON CALIFORNIA INC facilities, or the foregoing may cause damage to VERIZON CALIFORNIA INC facilities. 8. Applicant shall comply with all laws, ordinances, rules and regulations including, but not limited to, all applicable safety standards and rules. 9. Applicant agrees to provide VERIZON CALIFORNIA INC with a Bill of Sale for all conduit, manholes, pull boxes and other supporting structures, excluding underground supporting structures for separate service connections on private property to be served in accordance with Rule No. 34. 10 In such instances as VERIZON CALIFORNIA INC shall have made a determination that said tract does not satisfy the density requirement for a subdivision, the Supplement attached hereto and made a part hereof, shall specify those specific provisions relative to the advance payment and refund requirements of Part A.3.d. of Rule No. 34. 11. Nothing within this agreement shall be construed as limiting or modifying Rule No. 34 or any other tariffs of VERIZON CALIFORNIA INC on file with the California Public Utilities Commission. Nothing in this agreement shall be construed as limiting or in any way waiving or affecting the right of VERIZON CALIFORNIA INC to collect from the Applicant any other or additional sum of money which may become due and payable to VERIZON CALIFORNIA INC from Applicant by reason of services furnished or to be furnished hereunder. Page 8 of 13- © Verizon 2007 Ali Rights Reserved Information contained herein is subject to change without notice 07/11/11 Work Order #: 0573-7P0AOAR UNDERGROUND COMMUNICATION FACILi PIES AGREEMENT VERIZON CALIFORNIA INC WO# : 0573-7POAOAR By (print) : Rebecca Stewart Sig verizsw cJ�(A GAG I Date: /4/4 1/ Title: OSP Network Engineer - Network Engineering CITY OF TEMECULA Shawn Nelson By (print): Sign: Date Title: City Manager Dated: Rights -of -Way Secured, 2011 Right -of -Way W.O. # 0573-7POAOAR Page 9 of 13 © Verizon 2007 All Rights Reserved Information contained herein is subject to change without notice 07/11/11 Work Order #: 0573-7POAOAR TRENCHING AND CONDUIT SPECIFICATIONS AGREEMENT I. NOTIFICATION A. Start of Work ver,Lap 1. The sole point of contact for placement of cable notification to Verizon is Raul Chavez 909 307-2630 at telephone number 951-929-9484. Developer will give Verizon twenty workdays notification in advance of the start of trenching excluding weekends and holidays, for material ordering. When the trench is ready for telephone facilities, 30 working days notice will be given Verizon for scheduling of manpower. 2. In the event of phased trenching, 30 Working day's notification will be necessary for each phase of trenching. When the trench is ready for telephone facilities, 30 working days notice will be given Verizon for scheduling purposes. 3. In the event that the trench is in fact not ready for occupancy or is not in accordance with the construction plans and specification attached (Exhibit 1A), rescheduling delays may result. The developer will re -schedule through the above named party in subsection 1, and will be responsible for having trenches open at the rescheduled date B. Inspection 1. To permit inspection of conduit installed by the developer, notify telephone company inspector at least 24 hours prior to backfilling of trench. Telephone number 805/388-7369. II. MATERIALS A. Types of Conduit 1. Verizon approved product. B. Manhole Identification 1. To comply with General Order No. 128 of the State of California Public Utilities Commission, all manhole and pull box covers (whether steel or cement type) must be marked "VERIZON" in 2 -inch high letters centered on the cover. Handhold covers may be marked "Verizon" with smaller letters. This identification marking must be requested on all covers at the time they are ordered from the manufacturer. © Verizon 2007 AH Rights Reserved Information contained herein is subject to change without notico Page 10 of 13- -- 07/11/11 Work Order #: 0573-7POAOAR TRENCHING AND CONDUIT SPECIFICATIONS AGREEMENT III. CONSTRUCTION REQUIREMENTS A. General veroLn 1. The construction requirements contained herein are in addition to those shown on construction drawings. 2. Verizon reserves the right to refuse to place its facilities until lot lines and grades are clearly defined and identified. B. Open Trench 1. Verizon California Inc. requires a minimum of 1,000' lineal feet of open and clear trench for each scheduled working day for the placement of cable, sub -duct and or conduit by Verizon construction crews. C. Splice Pits 1. In the event that the identified splicing pits on the attached construction plans are backfilled prior to the completion by Verizon the developer will be responsible for re -opening of the pits. D. Duct Seals 1. All ducts stubbed out in trench must be sealed with plastic caps or plastic plugs. E. Clearance 1. Non -Powered Facilities a. Separation from foreign structures such as gas, water, and other non -power facilities shall be as follows: (I) Parallel: Twelve inches of well -tamped earth or three inches of concrete. (II) Crossing Six inches of well -tamped earth or three inches of concrete. b. Separation from CATV shall be random separation in same trench, or 6" at crossings. 2. Power Facilities a. Separation from power cable in excess of 300 volts, buried or in conduit, either crossing or paralleling, shall be at least twelve inches of well -tamped earth or three inches of concrete. Partial backfill must be completed before trench is "ready" for telephone cable. • b. Where voltages in power conductors do not exceed 300 volts to ground, telephone facilities may be placed with random separation from Power Company cables in the same trench or 6" separation when crossing. Page 11 of 13 © Verizon 2007 All Rights Reserved Information contained herein is subject to change without notica 07/11/11 Work Order #: 0573-7POAOAR TRENCHING AND CONDUIT SPECIFICATIONS AGREEMENT F. Depth of Cover veriLn 1. Minimum depths of cover from conduits and buried cables (except where greater depths are required by local or other law or regulations) shall be as follows: a. Conduit (I) 30" in streets or parking lots or other areas subject to vehicular traffic 01) 30" for main feed routes on private property. (III) 24" for distribution systems on private property (except parking lots.) 2. Trenches must provide the above-specified minimum depths of cover measured from final grade. G. Backfill 1. No backfilling of trenches shall be preformed unless Verizon Representative is present or prior approval to proceed is obtained. H. Location Ties 1. All conduit and buried cable must be tied with dimensions to property lines to permit proper recording. 2. Trenches paralleling lines shall be located to permit cable, conduit, or service wires to be placed as follows: a. Rear Property Lines: At least three feet and not more than six feet from the property line. b. Side Property Lines: At least 18 inches and not more than 36 inches form the property lines. I. Rod & Mandrel of Ducts 1. Subsequent to backfilling, but prior to paving, the developer will check all ducts with a mandrel to be certain they are clear. The mandrel is to be 1/4" less in diameter than the designated inside diameter of the duct. After checking with the mandrel, the developer will measure the wall-to-wall length of one duct in each conduit section and will place and leave a 3/8" polypropylene rope in duct(s) indicated on the drawing. Notify Verizon Inspector at telephone number shown in item 1.b.1 at least 24 hours in advance of pulling in the mandrel or measuring the duct. TRENCHING AND CONDUIT SPECIFICATIONS AGREEMENT IV. DEVIATIONS Page 12 of 13 © Verizon 2007 All Rights Reserved Information contained herein is subject to chcnge without notice 07/11/11 Work Order #: 0573-7POAOAR veriz p A. Any location deviation must have the prior approval of Verizon. Deviations other than location will not be allowed. V. PUBLIC UTILITIES COMMISSION REGULATIONS A. Tariff Rule No. 34 covers the telephone company's and applicant's responsibilities for the provision of facilities for telephone service to and within developments. A copy of these rules can be acquired from the Public Utilities Commission of the State of California. B. Rules for the construction of underground electric supply and communication systems are contained in General Order No. 128 prescribed and issued by the Public Utilities Commission of the State of California. All construction must be in conformance within these rules and applicable local ordinances. VERIZON CALIFORNIA INC Wo# : 0573-7POAOAR By (print) : Kristin M. Maldonado Sign: Title: Section Manager - Network Engineering Dated: CITY OF TEMECULA By (print) : Sign: Title: Dated: Shawn Nelson City Manager Page 13 of13 4 Verizon 2007 All Rights Reserved Information contained herein is subject to champ without notice Verizon California Inc. BILL OF SALE CITY OF TEMECULA, A MUNICIPAL CORPORATION, hereinafter referred to as Grantor(s), for value received, hereby sell(s) and convey(s) to VERIZON CALIFORNIA INC., a corporation, its successors and assigns, all right, title and interest to telephone property lying within Butterfield Stage Road from Calle Chapos to Murrieta Hot Springs Road all in the City of Temecula, County of Riverside. Said telephone property is more particularly illustrated on Drawings Work Order Number 0573-7POAOAR attached hereto and made a part hereof. Said telephone property consists of all or any part of the following facilities placed by the Grantor(s) on the above described property: underground conduits, manholes, pull boxes, pedestals and appurtenances for the transmission of electric energy for communication purposes. Said Grantor(s) hereby warrant(s) all title and interest herein conveyed, that said CITY OF TEMECULA, A MUNICIPAL CORPORATION, are the owners of the telephone facilities conveyed with full right to convey, that said telephone facilities are free of encumbrances, and that VERIZON CALIFORNIA INC., a corporation shall have quiet enjoyment of said telephone property. IN WITNESS WHEREOF, said Grantor(s) has/have caused this instrument to be executed on this day of , 2010. ACCEPTED: GRANTOR: CITY OF TEMECULA A MUNICIPAL CORPORATION BY: Maria Kidd Shawn Nelson Specialist/Right of Way City Manager ITS: RW 41-573-10 WO 573-7POAOAR Bill of Sale ALL PURPOSE CERTIFICATE STATE OF COUNTY OF On this day of 2010, before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. FOR NOTARY SEAL OR Notary's Signature STAMP CITY OF TEMECULA BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Project Description: Complete design and construction of four lanes on Butterfield Stage Road from Rancho California Road to Murrieta Hot Springs Road, four lanes on Murrieta Hot Springs Road from Butterfield Stage Road to the City limits, and an approximately 41 -foot wide Calle Chapos from Butterfield Stage Road to Walcott Road, totaling approximately 3.2 miles. Benefit: Project will improve traffic circulation. Project Status: This project is estimated to be complete by end of fiscal year 2013. Department: Public Works—Account No. 210.165.723 Priori I Project Cost: Actua Is to Date Future Total Project 2010-11 2011-12 2012-13 2013-14 2014-15 Years Cost Administration Acquisition $ 330,775 $15,006,728 $ 568,365 $ 650,000 S 438,900 $ 700,000 $ 1,338,040 $ 16,356,728 Construction* $ 25,481 $ 8,160,540 S 12,284,118 $2;218,799 $ 22,688,938 Construction $ 1;438,000 $ 1,438,000 Engineering $15,519,295 $ 400,000 S 450,000 $ 2,218,799 $ - $ - $ - $ 850,000 Design $ 156,311 S 330,697 $ 487,008 Environmental $ 50,000 $ 250,000 $ 300,000 Totals $15,519,295 S 10,159,602 $ 14,123,018 $2,218,799 $ - $ - $ - $42,020,714 Actuals Source of Funds: to Date Future Total Project 2010-11 2011-12 2012-13 2013-14 2014-15 Years Cost CFD (Roripaugh Ranch) $14,081,295 $ 10,159,602 $ 14,123,018 $2;218,799 $40,582,714 TUMF $ 1;438,000 $ 1,438,000 Total Funding: $15,519,295 $ 10,159,602 $ 14,123,018 $ 2,218,799 $ - $ - $ - $ 42,020,714 Future Operation & Maintenance Costs: 2010-11 2011-12 2012-13 2013-14 2014-15 $ 18,000 $ 18,000 $ 18,000 *Construction funding is for Phase 1 in 2010-11 and Phase II in 2011-12 Note: Assumes that only minor right-of-way acquisitions would be necessary and that all major right-of-way dedications are voluntary. 45 CITY OF TEMECULA BUTTERFIELD STAGE ROAD EXTENSION Circulation Project Location 44 FORM 606709 (11-79) REF AD 900.75 ERIZONS ver1ZQn COMMUNICATIONS CONTRACT FORCES - INVOICE DETAIL - UNDERGROUND CONSTRUCTION Date 8/24/2010 Job Location RULE 34 BUTTERFIELD STAGE Contractor's Job No. Rule 34 - Backbone / Commercial _, (Verizon Work Order Number f 0573-7POAOA,'11 R Bill to VERIZON COMMUNICATIONS / Bit From (Contractor's Name) 6i// 7" OF TE--/ %tei�L/` Q j STEVE CHARETTE Street Address 150 S. Juanita St. Street Address P. O. BOX 9033 City State Zip Code Hemet California 92543 City State Zip Code TEMECULA California 92589 INVOICE DETAIL ACCOUNT CODE ACTUAL USAGE ESTIMATED USAGE MATERIAL DESCRIPTION REIMBURSABLE COST TOTAL COST 2441.10 0 0 NO REIMBURSEMENT IS APPLICABLE $0.00 S0.00 Prices are based on average construction cost across Verizons geographic regions Copies of developers invoices will be required for all negotiated prices above and beyond the above list. SUB- TOTAL $0.00 GRAND TOTAL $0.00 Final Contractor's Invoice Yes No COMPANY USE ONLY Starting Date Completion Date LC Budget Permanent Repaving Invoice Will Follow Yes No Account Code Amount S Permanent Repaving Will Be Done By City County State Account Code Amount $ Account Code Amount S Approved By (Engineer) Date Approved by (Section Manager) Date Developer acceptance: Company Name: Print Name: Signature: Date: Page 3 of 3 Item No. 9 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Greg Butler, Director of Public Works/City Engineer DATE: August 09, 2011 Agreement between NewPath Networks, LLC and the City of Temecula for SUBJECT: Right -of -Way Use and Telecommunications Facility Maintenance and Removal PREPARED BY: Mayra De La Torre, Senior Engineer Steve Charette, Associate Engineer RECOMMENDATION: That the City Council: 1. Adopt a resolution entitled: RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN FORM OF AGREEMENT ENTITLED "RIGHT-OF-WAY USE AND TELECOMMUNICATIONS FACILITY MAINTENANCE AND REMOVAL AGREEMENT BETWEEN THE CITY OF TEMECULA AND NEWPATH NETWORKS, LLC" BACKGROUND: NewPath Networks c/o Crown Castle is a wireless infrastructure company that installs and operates fiber -fed wireless distributed antenna systems ("DAS") to provide a pipeline for wireless telecommunication service providers. NewPath proposes to install and operate a DAS network consisting ultimately of 39 "nodes" within the City of Temecula. Chapter 17.40 of the Temecula Municipal Code requires that NewPath first obtain conditional use permits before installing telecommunication facilities and antennas in the City's right-of-way, and as a condition of approval, enter into right-of-way agreements with the City covering the telecommunications facilities. To date, conditional use permits have been granted for 37 of the 39 nodes and related equipment. The Planning Commission has already considered design, location and development impacts for the 37 nodes for which conditional use permits have been granted, and imposed appropriate conditions of approval. The requirement to enter into a right-of-way agreement is a condition of each permit. The Planning Commission is scheduled to hear applications for the remaining 2 permits at its September 2011 meeting(s). In accordance with the California Environmental Quality Act, on March 16, 2011, the Planning Commission approved and adopted a Mitigated Negative Declaration covering the entire NewPath DAS project. Approval of a form of right-of-way agreement is thus exempt from further environmental review. A. NewPath's DAS Facilities The proposed DAS network within the City of Temecula is a low profile system capable of delivering wireless telecommunications services to customers of multiple carriers such as AT&T, Verizon, Sprint, and MetroPCS. The network initially will supply the infrastructure for NewPath's anchor tenant, MetroPCS. The network utilizes a series of small, low-power antennas called "nodes," which receive an optical signal from a central hub and distribute the signal in the form of Radio Frequency (RF) transmissions. Essentially, it acts as a pipeline that receives and transmits the wireless telephone and data communication signals of its customer carriers, such as MetroPCS. Newpath intends to use the City's public right-of-way to install and operate these wireless "telecommunicationfacilities," as that term is defined in Section 17.34.010(T) of the Temecula Municipal Code. The system will consist of a network of 39 nodes located within the City of Temecula right-of-way (behind sidewalk), 33 will be designed as new street lights and the remaining 6 will be attached to existing utility poles. The overall project location within the City is illustrated on the attached Crown Castle DAS Master Plan (Attachment 3). This DAS Master Plan depicts the 39 originally proposed installation locations. Some locations may be modified during the conditional use permit process. Each node consists either of antenna arrays constructed within or on a slim -line monopole designed to match existing street lights throughout the City right-of-way, or antenna arrays fixed to existing utility poles owned by utility companies that are part of the Joint Pole Committee ("JPC"). The project involves the installation of both aerial fiber-optic cable on existing wood utility poles and new installed street light poles, and underground fiber-optic cable installed within newly installed and existing conduit in previously disturbed rights-of-way. The installed fiber-optic cable will connect the 39 distributed antenna system to a newly installed fiber-optic base station hub on private property. A more detailed description of the NewPath DAS project is included in Attachment 4. B. Right -of -Way Use and Telecommunications Facility Maintenance and Removal Agreement ("Agreement") Required as a Condition of Approval The City Attorney's Office and representatives for NewPath have negotiated a "form of" Agreement (Attachment 2), which is intended to satisfy the requirements set forth in Chapter 17.40 of the Temecula Municipal Code. Chapter 17.40 requires all private parties desiring to install, operate and maintain facilities in the City's public right-of-way to obtain a right-of-way agreement establishing the particular terms and provisions under which the right to occupy the right-of-way will be used or maintained. Chapter 17.40 further provides that prior to the City's approval of a building permit or other entitlement for use authorizing the establishment or modification of a telecommunications facility, the applicant must sign and submit a facility maintenance/removal agreement to the City assuring that the intent of Section 17.40.210 of the Temecula Municipal Code will be complied with. This Agreement is intended to satisfy those requirements set forth in Chapter 17.40. The Agreement sets forth, in part, NewPath's obligations to obtain all required permits, to provide a performance bond in favor of the City to cover its obligations under the Agreement, and to maintain and operate at its expense the street lights it will install as part of the project. The Agreement also includes an indemnity provision in favor of the City and insurance requirements. Further, NewPath is required at its expense to remove its facilities upon termination of the Agreement (unless the City agrees to let NewPath convey the facilities to the City), and to remove and/or relocate its facilities if the City needs to perform certain public projects, such as street widening. The Agreement does not require payment of a franchise fee for entry into the right-of-way. Under state law, telephone corporations are permitted to construct and maintain telephone lines within the public streets and highways without a franchise granted by a city and without paying a franchise fee for such operations.' As part of the Agreement, NewPath will represent and warrant that it is a telephone corporation as defined under state law. If it is determined that NewPath is not a telephone corporation, NewPath loses its benefits under the Agreement, in which case the City may take appropriate action to require that NewPath either remove its facilities from the right-of-way or pay a franchise fee, to the extent permitted by then current law. Under existing federal and state law, a city may apply its general zoning and building requirements to wireless telecommunication facilities. State law permits cities to impose reasonable time, place and manner regulations governing use of the right-of-way by telephone corporations.2 At the same time, federal law prohibits any local regulation that has the effect of prohibiting wireless services. A city regulation has the effect of prohibiting wireless services when it prevents a wireless service provider from closing a significant gap in its service coverage or imposes a regulation that effectively prohibits wireless facilities.3 Any regulations imposed through the conditional use permit process or through the proposed Agreement must conform to these legal standards. The City Attorney's office has worked closely with staff so that the terms of the Agreement fall within the parameters permitted by state and federal law. The Agreement is drafted as a "form of' Agreement so that the City Council may approve the form of the Agreement and allow the City Manager, or his designee, to negotiate two master agreements covering the type of pole installations that will be utilized, based upon the form. The form Agreement is drafted for those antennas installed on street light poles that will be owned and operated by NewPath at its expense. The form Agreement will require modifications for those antenna facilities that will be installed on existing wooden utility poles. For example, a utility company may remain as owner or co-owner of the existing wooden utility pole, in which case the wooden pole would not be removed if NewPath ceases operations (although NewPath's DAS facilities would be removed from the wooden pole), and NewPath would have no obligation to provide street lighting from those wooden utility poles. As noted above, conditional use permits have already been granted for 35 nodes. NewPath is anxious to pull building permits and begin work at the locations for which conditional use permits have been granted and has requested that the required Agreements be executed for installation locations covered by those already approved conditional use permits. In order to accommodate NewPath's request, it is envisioned that there will be two master Agreements — one for street light poles and one for wooden utility poles. Upon City Council approval of the proposed Resolution, the master Agreement covering those street light poles for which conditional use permits have been granted would be finalized and executed. Also, the form agreement would be modified appropriately to create the utility pole master Agreement, to cover those wooden utility pole installations that have also been approved. As additional conditional use permits are approved, the Resolution authorizes the City Manager to amend the master Agreements to add the additional installation locations to the appropriate 1 See Cal. Public Utilities Code § 7901; Pacific Telephone & Telegraph Co. v. City and County of San Francisco, 51 Cal. 2d 766, 771 (1959); Williams Communications v. City of Riverside, 114 Cal. App. 4" 642, 645-655 (4 Dist. 2004). 2 Cal. Public Utilities Code § 7901.1. 3 See 47 U.S.C. §§ 253(a), 332(c)(7); MetroPCS v. City and County of San Francisco, 400 F.3d 715, 730- 733 (9th Cir. 2005); Sprint Telephony PCS v. County of San Diego, 543 F.3d 571, 579-580 (9th Cir. 2008). Agreement, without any further action by the City Council, provided conditional use permits have been approved by the Planning Commission and the appeal period for those permits has expired. It is staff's recommendation that the City Council approve by resolution the attached form of "Right - of -Way Use and Telecommunications Facility Maintenance and Removal Agreement" in accordance with Chapter 17.40 of the Municipal Code. FISCAL IMPACT: None ATTACHMENTS: 1. Resolution No. 11-_ 2. Right -of -Way Use and Telecommunications Facility Maintenance and Removal Agreement 3. Exhibit A — Conditional Use Permits 4. Exhibit B - Installation Locations 5. DAS Master Plan 6. Description of NewPath DAS Project RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA APPROVING THAT CERTAIN FORM OF AGREEMENT ENTITLED "RIGHT-OF-WAY USE AND TELECOMMUNICATIONS FACILITY MAINTENANCE AND REMOVAL AGREEMENT BETWEEN THE CITY OF TEMECULA AND NEWPATH NETWORKS, LLC" THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: 1. Findings. The City Council hereby finds, determines and declares that: A. NewPath Networks, LLC (the "Applicant") seeks to construct in the public right-of-way of the City of Temecula ("City") neutral host fiber -fed distributed antenna system ("DAS") facilities, which facilities qualify as "telecommunications facilities" as that term is defined in Section 17.34.010(T) of the Temecula Municipal Code. B. Applicant has represented to the City that it is a telephone corporation as that term is used in California Public Utilities Code Section 7901 and that it holds a valid certificate of public convenience and necessity issued by the California Public Utilities Commission (the "Commission"), pursuant to Commission Decision 04- 11-005 as modified by Commission Decision 06-04-030. C. Public Utilities Code Section 7901.1 authorizes cities to exercise reasonable control and adopt reasonable regulations as to the time, place and manner in which streets, roads and highways are accessed by telephone corporations. D. Applicant has or will seek approximately 39 conditional use permits from the City permitting Applicant to use the City's public right-of-way to locate, place, attach, install, operate, use, control, repair and maintain DAS facilities at various locations in the City, the approximate locations of which are diagrammed in Exhibit A (the "Installation Locations"), which is attached hereto and incorporated by this reference. Some locations may be modified during the conditional use permit process. E. Applicant further desires to locate, place, attach, install, operate, use, control, repair and maintain certain components of its wireless telecommunications facilities on either new street light poles that Applicant desires to install in the City's public right-of-way (the "Applicant Street Lights") or on existing or replacement wooden utility poles (the "Utility Poles"). F. Chapter 17.40 of the Temecula Municipal Code requires all private parties desiring to install, operate and maintain facilities in the City's public right-of-way to obtain a right-of-way agreement establishing the particular terms and provisions under which the right to occupy the right-of-way will be used or maintained. Chapter 17.40 further provides that prior to the City's approval of a building permit or other entitlement for use authorizing the establishment or modification of a telecommunications facility, the applicant must sign and submit a facility maintenance/removal agreement to the City assuring that the intent of Section 17.40.210 of the Temecula Municipal Code will be complied with. The Applicant and the City have negotiated a "form of' agreement, which is intended to satisfy those requirements set forth in Chapter 17.40. H. It is the intent of the City Council to authorize City officials to enter into two master agreements covering the various Installation Locations using the form of agreement approved by this Resolution. The form of agreement is drafted to cover the Installation Locations where DAS facilities will be attached to Applicant Street Lights, and will be the form for the master agreement covering those facilities. The form of agreement will require appropriate modifications to cover the Installation Locations where DAS facilities will be attached to SCE Poles. I. Environmental Findings. The proposed project has been determined to be consistent with the previously approved Mitigated Negative Declaration adopted by the City of Temecula Planning Commission on March 16, 2011 and is, therefore, exempt from further environmental review (CEQA Section 15162 Subsequent EIR's and Negative Declarations). 2. Approval of Right -of -Way Use Agreement. The City Council of the City of Temecula hereby approves the form of agreement entitled "RIGHT-OF-WAY USE AND TELECOMMUNICATIONS FACILITY MAINTENANCE AND REMOVAL AGREEMENT" by and between NewPath Networks, LLC and City Of Temecula (the "Agreement"), which is attached hereto as Exhibit B. (a) The City Manager (or his designee), is hereby authorized, on behalf of the City, to negotiate changes to the form of Agreement as may be mutually agreed upon by the NewPath Networks, LLC and the City Manager (or his designee), in order to cover the Applicant Street Light Installation Locations under one master Agreement ("Applicant Street Light Master Agreement"), and the Utility Pole Installation Locations under a separate master Agreement ("Utility Pole Master Agreement"); provided, however, that each master Agreement shall be in substantial conformance with the form of the Agreement on file in the Office of the City Clerk. The master Agreements shall initially cover those Installation Locations for which conditional use permits have been granted and the appeal period expired. (b) The City Manager is hereby authorized to negotiate amendments to those master Agreements to add additional Installation Locations, as appropriate, so that in the aggregate, all Installation Locations are subject to the terms of a master Agreement. (c) No Installation Location may be included in or added to a master Agreement until a conditional use permit has been granted by the Planning Commission for that Installation Location and the time for appeal has expired; provided, however, if an appeal is filed, no Agreement may be executed until and unless the appeal is denied. (d) The City Manager is hereby authorized to execute the master Agreements, and any amendments thereto as provided for above, on behalf of the City, so that in the aggregate, all Installation Locations are subject to the terms of a master Agreement. A copy of each final master Agreement, and any amendments thereto, when executed by the City Manager shall be placed on file in the Office of the City Clerk. 3. City Manager's Authority. The City Manager (or his designee), is hereby authorized, on behalf of the City, to take all actions necessary and convenient to carry out and implement the Agreement, and to administer the City's obligations, responsibilities and duties to be performed under the said Agreement, including but not limited to, approval and execution on behalf of the City of the such implementing agreements, acceptances, certificates, estoppel letters, and other similar agreements and documents as contemplated by or described in the Agreement or as necessary and convenient to implement the Agreement. 3. Certification. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of August, 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 regular meeting thereof held on the 9th day of August, 2011, by the following vote: AYES: BOARD MEMBERS: NOES: BOARD MEMBERS: ABSENT: BOARD MEMBERS: ABSTAIN: BOARD MEMBERS: Susan W. Jones, MMC City Clerk RIGHT-OF-WAY USE AND TELECOMMUNICATIONS FACILITY MAINTENANCE AND REMOVAL AGREEMENT BETWEEN THE CITY OF TEMECULA AND NEWPATH NETWORKS, LLC This Right -of -Way Use and Telecommunications Facility Maintenance and Removal Agreement (this "Agreement") is entered into as of , 2011 ("Effective Date") by and between the City of Temecula, a municipal corporation (the "City"), and NewPath Networks, LLC, a limited liability corporation organized and existing under the laws of the State of New Jersey ("Applicant"), each a Party and collectively the "Parties." RECITALS A. The City has approved conditional use permits for application numbers [INSERT APPLICATION NUMBERS HERE] (the "CUPs", attached hereto as Exhibit A), permitting Applicant to locate, place, attach, install, operate, use, control, repair and maintain certain neutral host fiber -fed distributed antenna system facilities in the City's public right-of-way ("DAS Facilities"). The DAS Facilities qualify as "telecommunications facilities" as that term is defined in Section 17.34.010(T) of the Temecula Municipal Code. B. Applicant represents it is a telephone corporation as that term is used in Public Utilities Code Section 7901. C. Applicant represents it holds a valid certificate of public convenience and necessity issued by the California Public Utilities Commission (the "PUC"), pursuant to PUC decision 04-11-005 as modified by PUC Decision 06-04-030. D. Public Utilities Code Section 7901.1 authorizes cities to exercise reasonable control and adopt reasonable regulations as to the time, place and manner in which streets, roads and highways are accessed by telephone corporations. E. Applicant desires to use the City's public right-of-way to locate, place, attach, install, operate, use, control, repair and maintain the DAS Facilities along [INSERT STREET LOCATIONS HERE], the locations of which are more specifically described and diagrammed in Exhibit B (the "Installation Locations"). F. As part of the DAS Facilities, Applicant desires to locate, place, attach, install, operate, use, control, repair and maintain new street lights (the "Applicant Street Lights") in the City's public right-of-way at the Installation Locations. G. Chapter 17.40 of the Temecula Municipal Code requires all private parties desiring to install and maintain facilities in the City's public right-of-way to obtain a right-of- way agreement establishing the particular terms and provisions under which the right to occupy the right-of-way will be used or maintained. Chapter 17.40 further provides that prior to the City's approval of a building permit or other entitlement for use authorizing the establishment or modification of a telecommunications facility, the applicant must sign and submit a facility maintenance/removal agreement to the City assuring that the intent of Section 17.40.210 of the Temecula Municipal Code will be complied with. This Agreement is intended to satisfy those requirements set forth in Chapter 17.40. -1- 11086-000111306675 v11.doc In consideration of the Recitals set forth above, the terms and conditions of this Agreement and other valuable consideration, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1.1 ARTICLE 1 INSTALLATION OF EQUIPMENT Permitted Installation. Subject to the terms of this Agreement, the rights granted and the conditions of approval ("Conditions of Approval") imposed by the CUPs, and the issuance of all required permits, Applicant may at Applicant's sole cost and expense and during the term of this Agreement, locate, place, attach, install, operate, use, control, repair and maintain the DAS Facilities in the manner and at the Installation Locations within the City's public right-of-way depicted and described in Exhibit B. Applicant shall undertake and perform any work authorized by this Agreement in a skillful and workmanlike manner, free of defects. 1.2 Prohibited Installations. This Agreement does not authorize Applicant or any other entity to place in the City's public right-of-way any facilities other than the DAS Facilities. Any facilities not authorized by this Agreement are "Unauthorized Facilities." Before placing any such Unauthorized Facilities in the City's public right-of-way, Applicant shall first obtain all required City permits and either the City's written authorization or a written amendment to this Agreement. Nothing herein shall serve as a precedent with respect to location of facilities anywhere else within the City by Applicant or any other person. 1.3 Compliance with Laws. Applicant and the City shall comply with all applicable Laws in the exercise of their rights and performance of their obligations under this Agreement. "Laws" or "Law" as used in this Agreement means any and all statutes, constitutions, ordinances, resolutions, regulations, judicial decisions, rules, tariffs, administrative orders, certificates, orders, directives, judgments, decrees, permits, approvals or other applicable requirements of the City or other governmental entity or agency having joint or several jurisdiction over the Parties to this Agreement or having jurisdiction that is applicable to any aspect of this Agreement, that are in force on the Effective Date and as they may be enacted, issued or amended during the term of this Agreement. 1.4 Permits. Applicant shall comply with all Conditions of Approval contained in the CUPs. In addition, Applicant shall obtain any further permits to the extent required by Law, including without limitation, those permits listed below (the "Permits"). Applicant shall pay any and all permit, inspection, and related cost -recovery fees of the City consistent with California Government Code Section 50030, prior to performing any work within the City's public right-of-way. (a) Encroachment Permits. Applicant shall obtain encroachment permits from the City for the installation of the DAS Facilities and for any other work within the City's public right-of-way as required by the Temecula Municipal Code (the "Code"). -2- 11086-000111306675 v11.doc (b) Building Permits. Applicant must obtain any necessary building permits by application to the Building & Safety Department pursuant to the City's generally applicable permit procedures and fees and shall pay all processing, filed marking, engineering and inspection fees in connection with such building permits in accordance with the rates in effect at the time of payment. All such work shall be completed in accordance with the requirements of the Code, this Agreement, the applicable conditional use and encroachment permits and the City's standard specifications. (c) Compliance with Permits. All work within the City's public right-of-way shall be performed in strict compliance with the applicable Permits and all applicable regulatory requirements. Applicant shall promptly submit to the City accurate as - built plans and record drawings certified by a professional engineer showing in detail, the location, depth, and size of all Applicant facilities in the City's public right-of-way subject to this Agreement within sixty (60) days of completion of any additions or alterations to the DAS Facilities. Such plans shall be submitted in the form and with the detail required by the Director of Public Works and the Director of Planning and Redevelopment. Nothing in this Agreement shall prevent or prohibit the City from establishing additional conditions on any approval of Applicant's permits, nor exempt Applicant from any generally applicable annual registration requirement the City might impose. 1.5 Performance Bond. Prior to the commencement of any construction in the City's public right-of-way, Applicant must provide the City with a performance bond, in substantially the form attached hereto as Exhibit C, and naming City as obligee in an amount equal to $3,750.00 multiplied times the number of CUPs to guarantee and assure Applicant's faithful performance of Applicant's obligations under this Agreement, including without limitation, Applicant's removal and/or relocation obligations. The City shall have the right to draw on the performance bond in the event of default by Applicant or in the event Applicant fails to meet and fully perform any of its obligations under this Agreement. 1.6 Coordination of Excavation with Other Permittees. At least thirty (30) days prior to commencing excavation work in the City's public right-of-way pursuant to this Agreement, Applicant shall notify in writing, on a form approved by the City, other existing or potential right-of-way users ("Users") shown on the list of users maintained by the City. The notice shall describe the work to be performed, the specific right-of-way that will be used, and the time when such work will be performed. Each User receiving such notice shall have thirty (30) days from the date thereof to inform in writing Applicant and the City that such User desires to perform work jointly with Applicant. To the extent reasonably feasible, and subject to Applicant and User entering into a written agreement for such work and/or use, Applicant shall coordinate its work with any User who timely informs Applicant that it desires to perform work jointly in the right-of-way, provided that such User obtains any required right-of-way agreement and permits from the City as required by the Code before such User installs any facilities or uses any facilities installed by Applicant on their behalf. Any work performed by Applicant on behalf of another User must be authorized by an encroachment permit issued by the City. -3- 11086-000111306675 v11.doc 1.7 Use of Other City Property. Applicant is not authorized to use any City property located outside of the City's public right-of-way, nor any City infrastructure located within the City's public right-of-way and owned by the City, such as traffic signal poles or street sign poles, without the express written agreement of the City. 1.8 Representations and Warranties. Applicant hereby covenants, represents, and warrants the following to City for the purpose of inducing City to enter into this Agreement and to issue permits hereby, all of which shall be true as of the Effective Date of this Agreement: (a) Applicant is a "telephone corporation" as that terra is used in Public Utilities Code Section 7901. (b) Applicant holds a valid certificate of public convenience and necessity issued by the PUC as set forth in the Recitals. (c) Applicant is a wholly owned indirect subsidiary of Crown Castle International Corp. ("Crown"); accordingly, Applicant also is a "named insured" and/or qualifies as an "insured" under relevant Crown insurance policies, such as those identified in Section 8.1. 1.9 Conditions to Effectiveness of Agreement. The satisfaction of each and all of the conditions set out below is a condition precedent to the effectiveness of this Agreement, and a condition of Applicant's continued right to the benefits conveyed herein: (a) Accuracy of Representations. All representations and warranties made by Applicant and set forth in this Agreement shall be accurate, true and correct on and as of the Effective Date, and shall remain so until this Agreement is terminated. (b) Furnishing of Insurance and Performance Bond. Applicant shall have furnished evidence of the insurance and performance bond required pursuant to this Agreement, which shall remain in effect until all of the following have first occurred: (1) this Agreement has been terminated and (2) Applicant has removed all DAS Facilities from, and restored, the City's public right-of-way and/or any remaining DAS Facilities have been conveyed to and accepted by the City. (c) Effectiveness of City Council Action. City Council's approval of this Agreement shall become effective pursuant to California law on or prior to the Effective Date. 1.10 Membership In Underground Service Alert. Pursuant to Government Code Section 4216.1, Applicant shall become a member of Underground Service Alert -Southern California. Completion of Equipment Construction and Installation. Once all required permits are issued, Applicant shall complete the construction and installation of the Equipment in accordance with the construction schedule approved by the Director of Public Works in -4- 11086-000111306675 v11.doc the encroachment permit, which construction schedule may be modified from time to time with the Director of Public Work's approval. 1.12 No Interference. In the performance and exercise of its rights and obligations under this Agreement, Applicant must not interfere in any manner with the existence and operation of any public or private rights-of-way, sanitary sewers, water mains, storm drains, gas mains, poles, aerial and underground electrical and telephone wires, electroliers, cable television and telecommunications facilities, utilities, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as authorized by applicable Laws or this Agreement. 1.13 Utility Charges. Applicant is solely responsible for the payment to the utility service provider of all electrical utility charges that are attributable to the DAS Facilities' usage of electricity, including without limitation, those electrical utility charges that are attributable to street lighting provided by Applicant Street Lights. ARTICLE 2 TERM AND TERMINATION 2.1 Term. The initial term of this Agreement shall be for ten (10) years after the date of this Agreement and shall continue for successive ten (10) year periods without further action by the Parties provided that Applicant is in substantial compliance with the terms of this Agreement. Notwithstanding the foregoing, this Agreement may be terminated upon the mutual written agreement of the Parties. 2.2 Termination of Use. Applicant may terminate its use of any or all of the DAS Facilities by providing the City with sixty (60) days prior written notice. Applicant may terminate this Agreement upon providing the City with sixty (60) days prior written notice provided all of the following have first occurred: (1) Applicant has terminated use of all of its DAS Facilities and (2) in accordance with Section 3.4 "Abandonment" of this Agreement, Applicant has removed all DAS Facilities from, and restored, the City's public right-of-way and/or any remaining DAS Facilities have been conveyed to and accepted by the City. 2.3 Notwithstanding the foregoing provisions, City may terminate this Agreement as follows: (a) The City may terminate this Agreement upon at least ninety (90) days' prior written notice to Applicant if the City reasonably, necessarily, and lawfully determines that the provisions herein interfere with the City's use or disposal of the City's public right-of-way or any part thereof; provided however, that where all or a portion of the DAS Facilities interferes with the use or disposal of the City's public right-of-way, and relocation is reasonably possible, the City shall allow Applicant to relocate such portion in accordance with the terms of this Agreement. (b) The City may terminate this Agreement upon thirty (30) days' prior written notice for Applicant's failure or refusal to fully and promptly comply with any and all of the material conditions of this Agreement. Applicant shall have such extended -5- 11086-000111306675 v11.doc periods as may be reasonably required beyond the thirty (30) day cure period to cure any such noncompliance if the nature of the cure is such that it reasonably requires more than thirty (30) days to cure, and Applicant commences the cure within such thirty (30) day period and thereafter continuously and diligently pursues the cure to completion. The City may not terminate this Agreement unless and until Applicant has failed to cure the same within the time periods provided in this Section 2.3(b). ARTICLE 3 REMOVAL AND RELOCATION 3.1 Removal Due to Public Project. Except to the extent not permitted by Law, upon receipt of a written demand from the City pursuant to this Article 3, Applicant, at its sole cost and expense, shall remove and relocate any DAS Facilities, constructed, installed, used and/or maintained by Applicant under this Agreement whenever City reasonably determines that the removal and/or relocation is needed for any of the following purposes: (i) due to any work proposed to be done by or on behalf of the City or any other governmental agency, including but not limited to, any change of grade, alignment or width of any street, sidewalk or other public facility, installation of curbs, gutters or landscaping and installation, construction, maintenance or operation of any underground or aboveground facilities such as sewers, water mains, drains, storm drains, pipes, gas mains, poles, power lines, telephone lines, cable television lines and tracks; (ii) because the DAS Facilities are interfering with or adversely affecting the proper operation of City -owned light poles, traffic signals, or other City facilities; or (iii) to protect or preserve the public health and safety. Applicant shall submit a complete application for each required Permit within thirty (30) days of receipt of the Initial Compliance Request Notice (as defined below) and shall complete the removal and/or relocation within one hundred and twenty (120) days of receipt of the Initial Compliance Request Notice from the City. Notwithstanding the foregoing, the City's Director of Public Works may require a shorter period due to exigent circumstances that require immediate corrective action and may authorize a longer period if it will not delay the public project. Provided, however, that if Applicant timely submits its complete application for each required Permit, the length of such prescribed time period for Applicant to complete the removal and/or relocation of the DAS Facilities shall be subject to the City issuing the necessary permits. If Applicant fails to remove and/or relocate the DAS Facilities within the prescribed time period, the City may remove the DAS Facilities at the sole cost and expense of Applicant, pursuant to the Remedial Work Procedures in Article 5. 3.2 Removal Due to Termination. (a) Except to the extent not permitted by Law, no later than one hundred and eighty (180) days after termination of this Agreement pursuant to the provisions of this Agreement, Applicant shall, at its sole cost and expense, remove the DAS Facilities and restore the City's public right-of-way to its original condition, reasonable wear and tear excepted, and further excepting landscaping and related irrigation equipment, or other aesthetic improvements made by Applicant to the City's public right-of-way. The removal of the DAS Facilities shall also be -6- 11086-000111306675 v11.doc performed in compliance with the terms of this Agreement. Any removal work by Applicant shall only be done pursuant to an encroachment permit, in compliance with the Conditions of Approval and all applicable Laws. If Applicant fails to remove the facilities within the prescribed time period, the City may, in its sole and absolute discretion, (i) remove the DAS Facilities at the sole cost and expense of Applicant, pursuant to the Remedial Work Procedures in Article 5, or (ii) deem the DAS Facilities, or any part thereof, to have been abandoned and conveyed to the City. (b) Alternatively, the City may allow Applicant, in the City's sole and absolute discretion, to abandon the DAS Facilities, or any part thereof, in place and convey it to the City. 3.3 Undergrounding. Applicant and the City recognize that current technology does not reasonably permit undergrounding of all components of the DAS Facilities. The Applicant acknowledges and agrees that the City prefers to underground facilities in the City's public right-of-way when economically and technically feasible. At least thirty (30) days prior to the date of each ten-year renewal period, the City may demand that Applicant place additional components of its DAS Facilities underground. Except to the extent not permitted by Law, within one hundred and eighty (180) days of the receipt of a written demand from the City, Applicant shall replace the identified aboveground DAS Facilities with underground DAS Facilities if economically and technically feasible and shall do so in accordance with all applicable Laws. The burden will be on Applicant to prove that such undergrounding is not economically and technically feasible. 3.4 Abandonment. (a) In the event the DAS Facilities, or any part thereof, either ceases operation or is abandoned for a period of ninety (90) days or more, Applicant shall, at its sole cost and expense and within the time period specified in this Section 3.4, vacate and remove the DAS Facilities or the abandoned part thereof Applicant shall also, at its sole cost and expense, restore the City's public right-of-way to its original condition, reasonable wear and tear excepted, and further excepting landscaping and related irrigation equipment, or other aesthetic improvements made by Applicant to the City's public right-of-way. The removal of the DAS Facilities shall also be performed in compliance with the terms of this Agreement. Any removal work by Applicant shall only be done pursuant to an encroachment permit, in compliance with the Conditions of Approval and all applicable Laws. (b) Alternatively, the City may allow Applicant, in the City's sole and absolute discretion, to abandon the DAS Facilities, or any part thereof, in place and convey it to the City. (c) If Applicant fails to remove the DAS Facilities as required by the City pursuant to this Section 3.4 and the Code within one hundred and eighty (180) days after receipt of the Initial Compliance Request Notice from the City, the City may, in its sole and absolute discretion, (i) remove the DAS Facilities at the sole cost and -7- 11086-000111306675 v11.doc expense of Applicant, pursuant to the Remedial Work Procedures in Article 5 or (ii) deem the DAS Facilities, or any part thereof, to have been abandoned and conveyed to the City. ARTICLE 4 MAINTENANCE AND REPAIR 4.1 Maintenance and Repair. Applicant shall, at Applicant's sole cost and expense, perform all maintenance and repairs necessary to maintain the DAS Facilities in good condition and appearance, and in compliance with the Conditions of Approval and all applicable Laws. In the event any of the DAS Facilities, including without limitation, Applicant Street Lights, require replacement because such DAS Facilities cannot be repaired, Applicant shall, at Applicant's sole cost and expense, replace the irreparable DAS Facilities. 4.2 Applicant Street Lights. Applicant Street Lights shall provide street lighting from dusk to dawn using automatic light detection sensors, which hours may be modified by the City. Within thirty (30) days of a written request by the City, Applicant shall adjust the automatic light detection sensors on the Applicant Street Lights to comply with the hours specified by the City. All costs related to such street lighting shall be at Applicant's sole cost and expense. (a) Applicant shall provide street lighting in accordance with all applicable Laws for street lighting, including without limitation, using the types of bulbs and providing the light levels specified in such Laws. Those applicable Laws include, without limitation, regulations governing street lighting that take into consideration that the City is within the vicinity of Mount Palomar Observatory, such as City of Temecula Public Works Department Standard Drawings as adopted pursuant to City Ordinance ORD 91-43. In the event those Laws do not specify a minimum and/or maximum light level, the City may specify in writing the minimum and/or maximum light level applicable to Applicant Street Lights. (b) Applicant shall replace the light bulbs in Applicant Street Lights on a regular maintenance schedule based upon the expected life of the lightbulbs. (c) If subsection (1) below, within twenty-four (24) hours or, if subsection (2) below, within seventy-two (72) hours, of receipt of oral or written notice from the City, Applicant shall: (1) Replace any non -working light bulb of an Applicant Street Light; and/or (2) Repair or replace an Applicant Street Light, including without limitation, the pole, the pole's foundation, the street light fixture, and the automatic light detection sensors, if it is nonoperational or damaged in any way. (3) 11086-000111306675 v11.doc Notwithstanding the foregoing, it shall be Applicant's obligation to regularly inspect and service Applicant Street Lights to ensure that -8- Applicant Street Lights remain operational in accordance with this Section 4.2. (d) Applicant shall provide the City at all times with a twenty-four (24) hour telephone number for the purpose of providing notice that an Applicant Street Light is not functioning. A live person, not voice -mail, shall be available at that number. 4.3 Repair of Rights -of -Way. Applicant shall be responsible for any damage, ordinary wear and tear accepted, to street pavement, existing facilities and utilities, curbs, gutters, sidewalks, landscaping, and all other public or private facilities caused by Applicant's construction, installation, maintenance, access, use, repair, replacement, relocation, or removal of Applicant's DAS Facilities ("Applicant's Activities"). Applicant shall promptly repair such damage and return the City's public rights-of-way and adjacent property to a safe and satisfactory condition to the City in accordance with the City's street restoration standards. Applicant's obligations under this Section 4.3 shall survive for one (1) year past either the removal of all DAS Facilities from the City's public right- of-way or, if all DAS Facilities are not removed, the conveyance to, and acceptance by, the City of the remaining DAS Facilities. 4.4 Work In Compliance With Agreement. Applicant's Activities shall be performed in compliance with the terms of this Agreement. All Applicant's Activities shall be subject to the City's permitting procedures and shall be in compliance with the Conditions of Approval and all applicable Laws. Applicant must obtain all applicable Permits before commencing Applicant's Activities. 4.5 If Applicant fails to perform any obligation under this Article 4 within the time frames set forth in this Article 4, the City may perform such obligation at the sole cost and expense of Applicant pursuant to the Remedial Work Procedures in Article 5, except to the extent such failure is solely caused by the acts or omissions of the City. ARTICLE 5 FAILURE TO PERFORM REQUIRED WORK 5.1 If Applicant fails to remove, relocate, maintain, repair, or replace the DAS Facilities or perform any other work required pursuant to this Agreement (the "Remedial Work"), the City may perform all necessary Remedial Work which Applicant has failed to perform pursuant to the procedures set forth in this Article 5 at the sole cost and expense of Applicant ("Remedial Work Procedures"), except to the extent such failure is solely caused by the acts or omissions of the City. 5.2 Before performing such work, the City's Director of Planning and Redevelopment shall first provide Applicant with the following written notices: (a) An initial written compliance request identifying the Remedial Work needed to comply with this Agreement and providing Applicant at least thirty (30) calendar days prior written notice to complete such Remedial Work, unless a longer period is specified herein or consented to by the City in writing, which consent shall not -9- 11086-000111306675 v11.doc be unreasonably conditioned, delayed or withheld (the "Initial Compliance Request Notice"); and (b) A follow-up notice of default specifying the Applicant's failure to perform the required Remedial Work within the specified time period and indicating the City's intent to commence such Remedial Work within ten (10) business days. (c) If the Remedial Work is necessary to prevent a danger to persons or property, such notice period provided for in (a) above shall be reduced to three (3) days, and such notice period provided for in (b) shall be reduced to three (3) days. (d) Notwithstanding the foregoing, if lighting is not restored to an Applicant Street Light within seventy-two (72) hours of oral notice from the City, the City may perform the Remedial Work after giving Applicant seven (7) business days written notice of default specifying the Applicant's failure to perform the required Remedial Work within the specified time period and indicating the City's intent to commence such Remedial Work within seven (7) business days. 5.3 Notwithstanding any other provision of this Agreement, the City's Director of Public Works may require a shorter notice period for the notices required by Section 5.2 due to exigent circumstances that require immediate corrective action. Such notice may be given by telephone, electronic mail, facsimile or any similar means, or by any other method for giving notice provided in this Agreement, and shall constitute both the Initial Compliance Request Notice and the notice of default. 5.4 If pursuant to Temecula Municipal Code Section 17.03.090, Applicant has filed an appeal of the initial compliance request, the City shall be authorized to perform the necessary Remedial Work only after the appeal is dismissed or final action is taken in favor of the City. 5.5 Applicant shall reimburse the City for all reasonable costs and expenses incurred by the City pursuant to this Article 5, including, but not limited to, administrative, job supervision, legal and consultant costs ("Remedial Costs"), to perform any Remedial Work required to be performed by Applicant pursuant to this Agreement and which Applicant has failed to perform. 5.6 Within ten (10) business days of the date of written demand by the City, Applicant shall deposit payment with the City for the reasonable estimates of the Remedial Costs or Remedial Costs actually incurred by the City to complete any work required to be performed by Applicant pursuant to this Agreement and which Applicant has failed to perform within the time periods provided for in this Agreement, including any extensions agreed to in writing by the City. If Remedial Cost estimates are used, Applicant shall deposit any additional moneys to cover actual Remedial Costs incurred, as needed, within ten (10) business days of the date of such written demand by the City, and the City shall refund amounts not used if actual Remedial Costs are less than the deposited funds, within thirty (30) calendar days of the date such Remedial Work is accepted by the City. -10- 11086-000111306675 v11.doc 5.7 If Applicant fails to pay the Remedial Costs estimated or incurred by the City within ten (10) business days of the date of written demand by the City as provided in Section 5.6 above, the City shall provide Applicant with a Notice to Cease Operations, which shall direct Applicant to cease operations of the DAS Facilities immediately. Operations of the DAS Facilities shall remain suspended until such costs and expenses are paid to the City in full. Applicant agrees to pay the City the sum of $ 100.00 for each day that the Applicant continues to operate the DAS Facilities in violation of the Notice to Cease Operations. The foregoing does not limit the City's remedies and the City may exercise all rights under this Agreement or at Law. ARTICLE 6 TAXES 6.1 Applicant agrees that it will be solely responsible for the payment of any and all lawful taxes, fees and assessments levied on its use and maintenance of the DAS Facilities. Pursuant to Section 107.6 of the California Revenue and Taxation Code, the City hereby advises, and Applicant recognizes and understands, that Applicant's use of the City's public rights-of-way may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant will co-operate with the Riverside County Assessor in providing any information necessary for the Assessor to make a property tax determination. ARTICLE 7 INDEMNIFICATION 7.1 Indemnification. Applicant shall indemnify, defend, and hold harmless the City and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers (individually an "Indemnitee," and together the "Indemnitees") from and against any and all liabilities, losses, claims, actions, suits, proceedings, judgments, settlements, penalties, fines, costs or expenses (including, without limitation, interest, reasonable attorneys fees and expert fees), causes of action or demands whatsoever against any Indemnitee, including without limitation, any injury to or death of any person or damage to property or other liability of any nature ("Claims"), to the extent arising out of, resulting from, or in any way connected with (i) Applicant's acts or omissions in performance of this Agreement, (ii) the location, placement, attachment, installation, use, operation, maintenance, replacement, repair or removal of the DAS Facilities, including, without limitation, any dispute over the ownership of Applicant Street Lights, (iii) the use of any public right-of-way by Applicant or Applicant's employees, officers, officials, agents, transferees, contractors or subcontractors, including without limitation, any Claim to attack, set aside, void, or annul the approval of the project or this Agreement, or both, when such Claim is brought within the time period provided for in applicable state and/or local statutes. The obligation to indemnify the City under this Section 7.1 shall not apply to the extent any Claims arise out of an Indemnitee's negligence, willful misconduct or criminal acts. The City shall promptly notify Applicant of any claim, action or proceeding covered by this Section 7.1. Nothing contained in this Agreement shall prohibit the City from -11- 11086-000111306675 v11.doc participating in a defense of any claim, action or proceeding if the City bears its own attorneys' fees and costs and defends the action in good faith. The City shall have the option of coordinating the defense. 7.2 Environmental Liability. Applicant shall be liable for the disposal or release of Pollutants on the City's public right-of-way to the extent such disposal or release of Pollutants arises out of Applicant's use of the City's public right-of-way. This liability shall include cleanup, intentional injury, and damage to persons or property, as well as any sanctions, fines, and other monetary costs directly resulting from such release or disposal of Pollutants by Applicant. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including without limitation, smoke, vapor, soot, fumes, acids, alkalis, chemicals, and waste. Waste includes materials to be recycled, reconditioned or reclaimed. 7.3 THE PROVISIONS OF THIS ARTICLE SHALL NOT TERMINATE OR EXPIRE, SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. ARTICLE 8 INSURANCE 8.1 Minimum Insurance Requirements. Applicant shall obtain and maintain at its sole cost and expense for the duration of this Agreement insurance pursuant to the terms and conditions described in this Article. (a) Minimum Insurance. Applicant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: (1) General Liability: A policy or policies of Comprehensive General Liability Insurance, with minimum limits of $2,000,000 combined single limit per occurrence for bodily injury, personal injury, death, loss and property damage resulting from wrongful or negligent acts by Applicant. 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: A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits of $1,000,000 combined single limit per accident for bodily injury and property damage covering any vehicle utilized by Applicant in performing the work covered by this Agreement. (3) 11086-000111306675 v11.doc Workers' Compensation and Employer's Liability: Workers' compensation limits as required by the Labor Code, and Employer's Liability limits of $1,000,000 per accident. -12- (b) Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed $25,000; provided, however, if Applicant's insurance policy expressly provides (i) that the insurer is required to pay covered claims with no deduction for all or any part of the Applicant's deductible, and (ii) insurer's obligation to pay covered claims is triggered irrespective of whether or not the insured pays the deductible, then Applicant's deductible shall not exceed $100,000 for Comprehensive General Liability Insurance, $100,000 for Comprehensive Vehicle Liability Insurance and $250,000 for Workers' Compensation and Employer's Liability coverage. (c) Other Insurance Provisions. The policies shall contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverage. (i) The City, and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers shall be named as an additional insured on all required insurance policies, except for Workers' Compensation and Employer's Liability policies. (ii) Applicant's insurance coverage shall be primary insurance as respects the City, and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers. Any insurance or self-insurance maintained by the City, its elected and appointed council members, boards, commissions, officers, officials, employees, agents or volunteers shall be excess of Applicant's insurance and shall not contribute with it. (iii) Any failure of Applicant to comply with reporting provisions of the policies shall not affect coverage provided to the City, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees or volunteers. (iv) Applicant'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. Each insured, including an additional insured, is subject to all policy terms and conditions and has an obligation, as an additional insured, to report claims made against them to the insurance carrier. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers for losses arising from work performed by Applicant in the City's public right-of-way. -13- 11086-000111306675 v11.doc (3) All Coverages. Except for non-payment of premium, each insurance policy required by this clause shall be endorsed to state that coverage shall not be cancelled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the City. If for any reason insurance coverage is canceled or, reduced in coverage or in limits, the Applicant shall, within two (2) business days of notice from insurer, notify the City by phone or fax of the changes to or cancellation of the policy and shall confirm such notice via certified mail, return receipt requested. (d) Acceptability of Insurers. Insurance shall be placed with insurers with an A.M. Best's rating of no less than A -:VII. (e) (f) Verification of Coverage. Applicant shall furnish the City with certificates of insurance and with copies of original policy endorsements effecting coverage required by this Article 8. The certificates and endorsements for each insurance policy are to be signed by a person, either manually or electronically, authorized by that insurer to bind coverage on its behalf. All certificates and applicable endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete certified copies of all required insurance policies, at any time. Indemnification Not Limited. Any insurance required to be obtained and maintained by Applicant under this Agreement shall not limit in any way Applicant's indemnification obligations under Article 7 of this Agreement. 8.2 In the event Applicant hires any subcontractors, independent contractors or agents ("Secondary Parties") to locate, place, attach, install, operate, use, control, replace, repair or maintain the DAS Facilities, Applicant shall require the Secondary Parties to obtain and maintain the insurance required by Section 8.1 of this Agreement and comply with all of the insurance provisions of such Section. It shall be Applicant's responsibility to ensure compliance with this Section. ARTICLE 9 MISCELLANEOUS PROVISIONS 9.1 Uses Subordinate. This Agreement is not a grant by the City of any property interest nor shall Applicant claim under this Agreement any property interest in the City's public right-of-way. This Agreement shall not create a vested right of any nature in Applicant to use the City's public rights-of-way and Applicant's use of the City's public right-of-way under this Agreement shall not give rise to any vested right. Nothing in this Agreement shall be construed as granting Applicant a franchise. Subject to the provisions of any applicable Law, any and all rights granted to Applicant by and through this Agreement are subject and subordinate to the prior and continuing right of the City and its assigns, licensees, and permittees to use any and all of the public rights-of-way for any lawful use, including without limitation, laying, installing, maintaining, protecting, replacing, and removing, sewers, water mains, drains, storm drains, pipes, gas mains, poles, overhead and underground electric lines, telephone lines, cable television lines, and other utility -14- 11086-000111306675v11.doc and municipal uses, together with appurtenance thereof and with right of ingress and egress, along, over, across, and in the City's public right-of-way. Any and all rights granted to Applicant by and through this Agreement are further subject to all deeds, easements, dedications, conditions, covenants, restrictions, encumbrances and claims of title that may affect the public rights-of-way. Applicant shall be solely responsible for obtaining all necessary permits and approvals from all public and private entities. Applicant shall have the duty to remove, relocate, and rearrange the DAS Facilities in accordance with the terms of this Agreement. 9.2 Notices. All notices which shall or may be given pursuant to this Agreement shall be in writing and personally served or transmitted through first class United States mail, or by private delivery systems, postage prepaid, to the following address or such other address of which a party may give written notice: City: City of Temecula City of Temecula Civic Center 41000 Main Street P.O. Box 9033 Temecula, California 92589-9033 Attention: City Manager With a copy to: Richards Watson & Gershon 355 South Grand Avenue, 40th Floor Los Angeles, California 90071-3101 Attention: Peter Thorson, City Attorney Applicant: NewPath Networks, LLC c/o Crown Castle USA Inc. E. Blake Hawk, General Counsel, 2000 Corporate Drive Canonsburg, PA 15317-8564 Attn: Legal Department — DAS With a copy to: NewPath Networks, LLC 1100 Dexter Avenue North, Suite 250 Seattle, WA 98109 Attn: Michael J. Kavanagh, President - DAS Any notice required or provided for under this Agreement shall be deemed served at the time of personal service. Mailed notices will be deemed served as of the day of receipt. 9.3 Limitation of City's Liability. In no event shall monetary damages of any kind be available against the City for any alleged default or breach by the City, including without limitation, anticipated profits or incidental, consequential or punitive damages or penalties of any description. -15- 11086-000111306675 v11.doc 9.4 Attorneys' Fees. If legal action is brought by either party because of a breach of this Agreement or to enforce a provision of this Agreement, the prevailing party is entitled to recover reasonable attorneys' fees and court costs. 9.5 Assignment. Applicant shall provide thirty (30) days' prior written notice to City prior to any assignment of the DAS Facilities. An assignment shall not be effective until the Assignee agrees in writing to comply with and be subject to all the terms and conditions of this Agreement and the Code. This Agreement may be assigned in its entirety, however, Applicant shall remain liable for any outstanding obligations incurred prior to such assignment. Notwithstanding the above, Applicant may in the ordinary course of its business without prior written notice to the City: (i) lease the DAS Facilities, or any portion thereof, to another person, (ii) grant an indefeasible right of user interest in the DAS Facilities or any portion thereof to another person, or (iii) offer or provide capacity or bandwidth from the DAS Facilities to another person; provided that whether Applicant does any of these three things, it must at all times retain exclusive control over the DAS Facilities and remain responsible for locating, servicing, repairing, maintaining, replacing, relocating, or removing the DAS Facilities pursuant to the provisions of this Agreement. 9.6 Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective heirs, legal representatives, successors, assigns and transferees. 9.7 Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement between the Parties relating to the subject matter hereof. All prior and contemporaneous agreements, representations, negotiations, and understandings of the Parties, oral or written, relating to the subject matter hereof, are merged into and superceded by this Agreement. Any modification or amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the Parties. No waiver of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar. No waiver or consent shall constitute a continuing waiver or consent or commit either party to provide a waiver in the future except to the extent specifically set forth in writing. No waiver shall be binding unless executed in writing by the party making the waiver. 9.8 Severability. If any one or more of the provisions of this Agreement shall be held by a court of competent jurisdiction in a final judicial action to be void, voidable, or unenforceable, such provision or provisions shall be deemed separable from the remaining provisions of this Agreement and shall in no way affect the validity of the remaining portions of this Agreement. 9.9 Governing Law. This Agreement shall be interpreted and enforced according to, and the Parties rights and obligations governed by, the domestic law of the State of California, without regard to its laws regarding choice of applicable law. Any proceeding or action to enforce this Agreement shall occur in the federal court with jurisdiction over Riverside County and the state courts located in Riverside County, California. -16- 11086-000111306675 v11.doc 9.10 Survival of Terms. All of the terms and conditions in this Agreement related to payment, removal due to termination, indemnification, pollution liability, uses subordinate, limits of City's liability, attorneys' fees and waiver shall survive termination of this Agreement. 9.11 Captions and Paragraph Headings. Captions and paragraph headings used herein are for convenience only. They are not a part of this Agreement and shall not be used in construing this Agreement. 9.12 Enforcement. Notwithstanding any other provision of this Agreement and at the discretion of the City Attorney and City Prosecutor, Applicant's failure to materially comply with the terms and conditions of this Agreement may result in (i) City's reasonable and lawful withholding of any new construction permits related to the DAS Facilities, (ii) enforcement pursuant to the Code, including without limitation, the Administrative Fine Ordinance, (iii) revocation or modification in accordance with the Code of any permit related to the DAS Facilities and/or (iv) any other remedies available to the City at law or in equity. 9.13 Exhibits. All Exhibits referenced in this Agreement are hereby incorporated as though set forth in full herein. 9.14 Drafting. The Parties agree that this Agreement is the project of joint draftsmanship and that should any of the terms be determined by a court, or in any type of quasi-judicial or other proceeding, to be vague, ambiguous and/or unintelligible, that the same sentences, phrases, clauses or other wording or language of any kind shall not be construed against the drafting party in accordance with California Civil Code Section 1654, and that each party to this Agreement waives the effect of such statute. 9.15 Execution in Counterparts. This Agreement may be executed in one or more identical counterparts and all such counterparts together shall constitute a single instrument for the purpose of the effectiveness of this Agreement. 9.16 Authority to Execute This Agreement. Each person or persons executing this Agreement on behalf of a Party, warrants and represents that he or she has the full right, power, legal capacity and authority to execute this Agreement on behalf of such Party and has the authority to bind such Party to the performance of its obligations under this Agreement without the approval or consent of any other person or entity. [Signatures Begin on Following Page] -17- 11086-000111306675 v11.doc IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated in the introductory clause. City of Temecula, a municipal corporation By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: Peter Thorson, City Attorney 11086-000111306675 v11.doc NewPath Networks, LLC, a limited liability corporation, organized and existing under the laws of the State of New Jersey By: Name: Title: By: Name: Title: -18- DRAFT — THIS IS NOT A PROPOSAL OR OFFER. ALL AGREEMENTS REQUIRE CITY COUNCIL APPROVAL TO BE EFFECTIVE. Revised 06/15/11 EXHIBIT A CONDITIONAL USE PERMITS Attached behind this page are the Conditional Use Permits referenced in this Agreement. -19- 11086-000111306675v11.doc DRAFT — THIS IS NOT A PROPOSAL OR OFFER. ALL AGREEMENTS REQUIRE CITY COUNCIL APPROVAL TO BE EFFECTIVE. Revised 06/15/11 EXHIBIT B INSTALLATION LOCATIONS Attached behind this page are descriptions and diagrams indicating the location at which the DAS Facilities covered by this Agreement will be installed. -20- 11086-000111306675 v11.doc EXHIBIT C FORM OF PERFORMANCE BOND Attached behind this page is the form of the performance bond required pursuant to this Agreement. -21- 11086-000111306675v11.doc PUBLIC WORKS DEPARTMENT Land Development Division Wireless Telecommunications Facilities Faithful Performance Bond WHEREAS, the City of Temecula, State of California, a municipal corporation ("City of Temecula") and NewPath Networks, LLC, a limited liability corporation organized and existing under the laws of the State of New Jersey (hereinafter designated as "Principal") have entered into an agreement whereby Principal is permitted to locate, place, attach, install, operate, use, control, repair and maintain neutral host fiber -fed distributed antenna system facilities in the public right-of-way, pursuant to certain CUPs as defined in that agreement, which said agreement, dated 20 , and identified as "Right -Of -Way Use and Telecommunications Facility Maintenance and Removal Agreement Between the City of Temecula and Newpath Networks, LLC," (the "Agreement") is hereby referred to and made a part hereof; and WHEREAS, Principal is required under the terms of the Agreement to furnish a bond for the Faithful Performance of the Agreement: NOW, THEREFORE, we, the Principal and NAME OF SURETY duly authorized to transact business under the laws of the State of California, as Surety (hereinafter called "Surety,"), are held and firmly bound unto the City of Temecula, in the penal sum of DOLLARS and CENTS ($ ), lawful money of the United States, for the payment of such sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally. The condition of this obligation is such that the obligation shall become null and void if the Principal, its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep, and perform the covenants, conditions, and provisions in the Agreement and in any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to this or their true intent and meaning, and shall indemnify and save harmless the City of Temecula, and its elected and appointed council members, boards, commissions, officers, officials, agents, consultants, employees and volunteers, as therein stipulated; otherwise, this obligation shall be and remain in full force and effect. -22- 11086-0001\1306675v11.doc As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City of Temecula in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement or to the work or to the specifications. IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named, on , 20_ SURETY By: PRINCIPAL By: By: (Name) (Name) (Title) (Title) APPROVED AS TO FOR1%i Peter M. Thorson, City Attorney By: (Name) (Title) * Two signatures are required for corporations unless corporate documents are provided that indicate otherwise. Attach Notarial Acknowledgement or Jurat for both the Surety and Principal Signatures -23- 11086-000111306675 v11.doc EXHIBIT A CONDITIONAL USE PERMITS Attached behind this page are the Conditional Use Permits referenced in this Agreement. j Community Development Dept. 41000 Main Street • Temecula, CA 92590 Mailing Address: P.O. Box 9033 ■ Temecula, CA 92589-9033 Phone (951) 694-6400 • Fax (951) 694-6477 • www.cityoftemecula.org City of Temecula March 22, 2011 Friciveri Carias Maximize Communication Group, Inc. 1351 Pomona Rd. Corona, CA 92882 SUBJECT: Planning Application No.'s PA10-0186 through PA10-0192, Conditional Use Permit applications for NewPath/Crown Castle's DAS Network to include 7 new concrete street Tight poles Dear Ms. Carias: On March 16, 2011 the City of Temecula Planning Commission approved the above referenced project subject to the enclosed Final Conditions of Approval. Anyone dissatisfied with this decision or the Conditions of Approval may appeal it within 15 calendar days from the date of approval. Caution should be exercised in making any expenditures or commitments based upon this approval until the expiration of the appeal period and disposition of any appeals, which may be filed. This approval is effective until March 16, 2013 unless extended in accordance with the Development Code. Written request for a time extension must be submitted to the City of Temecula a minimum of 30 days prior to the expiration date. It has been a pleasure working with you during the entitlement process. If you have any, questions regarding this subject or approval, please contact me at (951) 694-6408 or by email at matt.peters@cityoftemecula.org. Sincerely, Matthew D. Peters, AICP Associate Planner Enclosures: Final Conditions of Approval (7) Stamped Approved Plans (7) cc: Prince; on Rco/cled Peper Stephen Garcia Crown Castle, Inc. 1100 Dexter Ave. North, Ste. 250 Seattle, WA 98109 EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0186 Project Description: 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 -01) in the City of Temecula right-of-way on the east side of Margarita Road, approximately 320' north of the centerline of De Portola Road Assessor's Parcel No.: City of Temecula publicly owned right-of-way MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: March 16, 2011 Expiration Date: March 16, 2013 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty -Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action; or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise; it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion; or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers; landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas; sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -8. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way PL -9. The applicant shall comply with their Site Justification Analysis/Statement of Operations dated December 22, 1010; on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -12. The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. PL -13. All graffiti shall be removed within 24 hours. (Added by Planning Commission, March 16, 2011) Prior to Issuance of Building, Encroachment, or Right -of -Way Permits PL -14. The following shall be included as part of the encroachment permit: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -15. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -16. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS -1. The developer shall contact the Temecula Community Services District (TCSD) Maintenance Superintendent for a pre -construction meeting. Developer shall protect the landscape and irrigation equipment in place and comply with TCSD review and inspection processes. Prior to Final Approval CS -2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and to the satisfaction of the TCSD Maintenance Superintendent. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-4. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-5. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION F-1. No Comments or Conditions of Approval. PUBLIC WORKS DEPARTMENT General Requirements PW -1. An Encroachment Permit from the City of Temecula Public Works Department shall be required prior to start of work. A separate permit shall be required for any extensive conduit installation. PW -2. A Traffic Control Plan shall be submitted for review and approval by the Public works Department prior to start of work. PW -3. A Right -of -Way Agreement shall be executed between the Applicant and the City Council pursuant to Section 17.40.220 of the Municipal Code. PW -4. Antennas shall be installed a minimum of 75 feet from the nearest residence per Section 17.40.110 of the Municipal Code. PW -5. Sheet T2 — General Notes — Note 7 shall also state that erosion control shall follow the latest best management practices as required by the state's Water Quality Control Board and City Ordinance. PW -6. Sheet T2 — Standard Trenching Notes No. 3, 4 and 5. The City does not allow slurry backfill. Compacted native backfill to 90% is acceptable. Make reference that trench backfill and repair shall be in accordance with City Public Works Standard Drawing No. 407 and 407A. PW -7. The applicant shall comply with all regulations governing minimum distance A.G.L for antennas. PW -8. The depth of cover over conduit shall be a minimum 36 inches. PW -9. No handhole boxes shall be allowed in the concrete sidewalk. Hand hole shall be installed behind sidewalk. PW -10. Each location shall be separately permitted for encroachment into the right-of-way. The number active Encroachment Permits at any given time shall be limited based on the availability of Public Works inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations. EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0187 Project Description: 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 -02) in the City of Temecula right-of-way on the west side of Margarita Road, approximately 150' north of San Fermin Place Assessor's Parcel No.: City of Temecula publicly owned right-of-way MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: March 16, 2011 Expiration Date: March 16, 2013 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty -Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. All graffiti shall be removed within 24 hours. (Added by Planning Commission, March 16, 2011) PL -8. The street light shall be shielded to prevent light spill onto the neighboring residential property. (Added by Planning Commission, March 16, 2011) PL -9. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -1 0. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way PL -11. The applicant shall comply with their Site Justification Analysis/Statement of Operations dated December 22, 1010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -12. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -13. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to; the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission; and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -14. The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. Prior to Issuance of Building, Encroachment, or Right -of -Way Permits PL -15. The following shall be included as part of the encroachment permit: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -16. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -17. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS -1. The developer shall contact the Temecula Community Services District (TCSD) Maintenance Superintendent for a pre -construction meeting. Developer shall protect the landscape and irrigation equipment in place and comply with TCSD review and inspection processes. Prior to Final Approval CS -2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and to the satisfaction of the TCSD Maintenance Superintendent. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-4. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-5. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION F-1. No Comments or Conditions of Approval. PUBLIC WORKS DEPARTMENT General Requirements PW -1. An Encroachment Permit from the City of Temecula Public Works Department shall be required prior to start of work. A separate permit shall be required for any extensive conduit installation. PW -2. A Traffic Control Plan shall be submitted for review and approval by the Public works Department prior to start of work. PW -3. A Right -of -Way Agreement shall be executed between the Applicant and the City Council pursuant to Section 17.40.220 of the Municipal Code. PW -4. Antennas shall be installed a minimum of 75 feet from the nearest residence per Section 17.40.110 of the Municipal Code. PW -5. Sheet T2 — General Notes — Note 7 shall also state that erosion control shall follow the latest best management practices as required by the state's Water Quality Control Board and City Ordinance. PW -6. Sheet T2 — Standard Trenching Notes No. 3, 4 and 5. The City does not allow slurry backfill. Compacted native backfill to 90% is acceptable. Make reference that trench backfill and repair shall be in accordance with City Public Works Standard Drawing No. 407 and 407A. PW -7. The project shall meet all regulations governing minimum distance A.G.L for antennas. PW -8. The depth of cover over conduit shall be a minimum 36 inches. PW -9. Each location shall be separately permitted for encroachment into the right-of-way. The number active Encroachment Permits at any given time shall be limited based on the availability of Public Works inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations. EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0188 Project Description: 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 -03) in the City of Temecula right-of-way on the southwest side of Margarita Road, approximately 850' southeast of Pauba Road Assessor's Parcel No.: City of Temecula publicly owned right-of-way MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: March 16, 2011 Expiration Date: March 16, 2013 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty -Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7 Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers; landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -8. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute; in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. PL -9. MATERIAL COLOR Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way The applicant shall comply with their Site Justification Analysis/Statement of Operations dated December 22, 1010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -12. The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. PL -13. All graffiti shall be removed within 24 hours. (Added by Planning Commission, March 16, 2011) Prior to Issuance of Building, Encroachment, or Right -of -Way Permits PL -14. The following shall be included as part of the encroachment permit: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -15. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -16. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS -1. The developer shall contact the Temecula Community Services District (TCSD) Maintenance Superintendent for a pre -construction meeting. Developer shall protect the landscape and irrigation equipment in place and comply with TCSD review and inspection processes. Prior to Final Approval CS -2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and to the satisfaction of the TCSD Maintenance Superintendent. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-4. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-5. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION F-1. No Comments or Conditions of Approval. PUBLIC WORKS DEPARTMENT General Requirements PW -1. An Encroachment Permit from the City of Temecula Public Works Department shall be required prior to start of work. A separate permit shall be required for any extensive conduit installation. PW -2. A Traffic Control Plan shall be submitted for review and approval by the Public works Department prior to start of work. PW -3. A Right -of -Way Agreement shall be executed between the Applicant and the City Council pursuant to Section 17.40.220 of the Municipal Code. PW -4. Antennas shall be installed a minimum of 75 feet from the nearest residence per Section 17.40.110 of the Municipal Code. PW -5. PW -6. Sheet T2 — General Notes — Note 7 shall also state that erosion control shall follow the latest best management practices as required by the state's Water Quality Control Board and City Ordinance. Sheet T2 — Standard Trenching Notes No. 3, 4 and 5. The City does not allow slurry backfill. Compacted native backfill to 90% is acceptable. Make reference that trench backfill and repair shall be in accordance with City Public Works Standard Drawing No. 407 and 407A. PW -7. Applicant shall meet all regulations governing minimum distance A.G.L for antennas. PW -8. Depth of cover over conduit shall be a minimum 36 inches. PW -9. Street light pole shall be a minimum 4 feet clear between face of pole and face of curb to meet ADA. PW -10. Each location shall be separately permitted for encroachment into the right-of-way. The number active Encroachment Permits at any given time shall be limited based on the availability of Public Works inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations. EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0189 Project Description: 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 -05) in the City of Temecula right-of-way on the west side of Amarita Way, across from Via Ricci Assessor's Parcel No.: City of Temecula publicly owned right-of-way MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: March 16, 2011 Expiration Date: March 16, 2013 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty -Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -8. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified; shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way PL -9. The applicant shall comply with their Site Justification Analysis/Statement of Operations dated December 22, 1010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include; but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -12. The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. PL -13. All graffiti shall be removed within 24 hours. jAdded by Planning Commission, March 16, 2011) Prior to Issuance of Building, Encroachment, or Right -of -Way Permits PL -14. The following shall be included as part of the encroachment permit: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -15. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -16. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS -1. The developer shall contact the Temecula Community Services District (TCSD) Maintenance Superintendent for a pre -construction meeting. Developer shall protect the landscape and irrigation equipment in place and comply with TCSD review and inspection processes. Prior to Final Approval CS -2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and to the satisfaction of the TCSD Maintenance Superintendent. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-4. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-5. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION F-1. No Comments or Conditions of Approval. PUBLIC WORKS DEPARTMENT General Requirements PW -1. An Encroachment Permit from the City of Temecula Public Works Department shall be required prior to start of work. A separate permit shall be required for any extensive conduit installation. PW -2. A Traffic Control Plan shall be submitted for review and approval by the Public works Department prior to start of work. PW -3. A Right -of -Way Agreement shall be executed between the Applicant and the City Council pursuant to Section 17.40.220 of the Municipal Code. PW -4. Applicant shall obtain waiver from Planning Commission to install new poles in accordance with Section 15.04.080 of the Municipal Code. PW -5. Antennas shall be installed a minimum of 75 feet from the nearest residence per Section 17.40.110 of the Municipal Code. PW -6. Applicant shall submit for review and approval a geotechnical report and structural calculations for the proposed antenna pole foundation. PW -7. Sheet T2 — General Notes — Note 7 shall also state that erosion control shall follow the latest best management practices as required by the state's Water Quality Control Board and City Ordinance. PW -8. Sheet T2 — Standard Trenching Notes No. 3, 4 and 5. The City does not allow slurry backfill. Compacted native backfill to 90% is acceptable. Make reference that trench backfill and repair shall be in accordance with City Public Works Standard Drawing No. 407 and 407A. PW -9. The distance from face of curb to face of footing shall be 1' — 6" not 1' — 0" per Public Works Standard Drawing 800. PW -10. The top of pole footing shall not protrude above the ground level. PW -11. The face of footing shall be shown to be minimum 1' — 6" from the face of curb per City Standard Drawing 800. PW -12. New Flexwave Prism is shown 9' — 9" above ground level. The height shall meet all regualtions governing minimum distance A.G.L for this item. PW -13. Depth of cover over conduit shall be a minimum 36 inches. PW -14. Each location shall be separately permitted for encroachment into the right-of-way. The number active Encroachment Permits at any given time shall be limited based on the availability of Public Works inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations. EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0190 Project Description: 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 -17) in the City of Temecula Right -of -Way on the south side of Vail Ranch Parkway, approximately 145' west of Camino Piedra Rojo Assessor's Parcel No.: City of Temecula publicly owned right-of-way MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: March 16; 2011 Expiration Date: March 16, 2013 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty -Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2 The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees; consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -8. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staffs prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way PL -9. The applicant shall comply with their Site Justification Analysis/Statement of Operations dated December 22, 1010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -12. The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. PL -13. All graffiti shall be removed within 24 hours. (Added by Planning Commission, March 16, 2011) Prior to Issuance of Building, Encroachment, or Right -of -Way Permits PL -14. The following shall be included as part of the encroachment permit: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -15. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -16. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS -1. The developer shall contact the Temecula Community Services District (TCSD) Maintenance Superintendent for a pre -construction meeting. Developer shall protect the landscape and irrigation equipment in place and comply with TCSD review and inspection processes. Prior to Final Approval CS -2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and to the satisfaction of the TCSD Maintenance Superintendent. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-4. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-5. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION F-1. No Comments or Conditions of Approval. PUBLIC WORKS DEPARTMENT General Requirements PW -1. An Encroachment Permit from the City of Temecula Public Works Department shall be required prior to start of work. A separate permit shall be required for any extensive conduit installation. PW -2. A Traffic Control Plan shall be submitted for review and approval by the Public works Department prior to start of work. PW -3. A Right -of -Way Agreement shall be executed between the Applicant and the City Council pursuant to Section 17.40.220 of the Municipal Code. PW -4. Applicant shall obtain waiver from Planning Commission to install new poles in accordance with Section 15.04.080 of the Municipal Code. PW -5. Antennas shall be installed a minimum of 75 feet from the nearest residence per Section 17.40.110 of the Municipal Code. PW -6. Applicant shall submit for review and approval a geotechnical report and structural calculations for the proposed antenna pole foundation. PW -7. Sheet T2 — General Notes — Note 7 shall also state that erosion control shall follow the latest best management practices as required by the state's Water Quality Control Board and City Ordinance. PW -8. Sheet T2 — Standard Trenching Notes No. 3, 4 and 5. The City does not allow slurry backfill. Compacted native backfill to 90% is acceptable. Make reference that trench backfill and repair shall be in accordance with City Public Works Standard Drawing No. 407 and 407A. PW -9. The distance from face of curb to face of footing shall be shown as 1' — 6" not 1' — 0" per Public Works Standard Drawing 800. PW -10. The top of pole footing shall not protrude above the ground level. PW -11. The face of footing shall be shown to be minimum 1' — 6" from the face of curb per City Standard Drawing 800. PW -12. The New Flexwave Prism is shown 9' — 9" above ground level. The height shall meet all regulations governing minimum distance A.G.L for this item. PW -13. Depth of cover over conduit shall be shown as a minimum 36 inches. PW -14. Each location shall be separately permitted for encroachment into the right-of-way. The number active Encroachment Permits at any given time shall be limited based on the availability of Public Works inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations. EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0191 Project Description: 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 -39) in the City of Temecula right-of-way on the south side of Temecula Parkway, approximately 525' west of Butterfield Stage Road Assessor's Parcel No.: City of Temecula publicly owned right-of-way MSHCP Category: NA DIF Category: NA TUMF Category: NA Approval Date: March 16, 2011 Expiration Date: March 16, 2013 PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty -Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof, advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. P L-8. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. MATERIAL COLOR Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way PL -9. The applicant shall comply with their Site Justification Analysis/Statement of Operations dated December 22, 1010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -12. The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. PL -13. All graffiti shall be removed within 24 hours. (Added by Planning Commission, March 16, 2011) Prior to Issuance of Building, Encroachment, or Right -of -Way Permits PL -14. The following shall be included as part of the encroachment permit: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource, the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director." PL -15. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -16. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS -1. The developer shall contact the Temecula Community Services District (TCSD) Maintenance Superintendent for a pre -construction meeting. Developer shall protect the landscape and irrigation equipment in place and comply with TCSD review and inspection processes. Prior to Final Approval CS -2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and to the satisfaction of the TCSD Maintenance Superintendent. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-4. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-5. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION F-1. No Comments or Conditions of Approval. PUBLIC WORKS DEPARTMENT General Requirements PW -1. An Encroachment Permit from the City of Temecula Public Works Department shall be required prior to start of work. A separate permit shall be required for any extensive conduit installation. PW -2. A Traffic Control Plan shall be submitted for review and approval by the Public works Department prior to start of work. PW -3. A Right -of -Way Agreement shall be executed between the Applicant and the City Council pursuant to Section 17.40.220 of the Municipal Code. PW -4. Antennas shall be installed a minimum of 75 feet from the nearest residence per Section 17.40.110 of the Municipal Code. PW -5. Sheet T2 — General Notes — Note 7 shall also state that erosion control shall follow the latest best management practices as required by the state's Water Quality Control Board and City Ordinance. PW -6. Sheet T2 — Standard Trenching Notes No. 3, 4 and 5. The City does not allow slurry backfill. Compacted native backfill to 90% is acceptable. Make reference that trench backfill and repair shall be in accordance with City Public Works Standard Drawing No. 407 and 407A. PW -7. The project shall meet all regulations governing minimum distance A.G.L for antennas. PW -8. Depth of cover over conduit as a minimum 36 inches. PW -9. Sheet A-1 shows southerly right-of-way as approximately 78' from centerline and proposed light at 71' from centerline. Recorded PM 29864 shows right-of-way at 71' so the proposed light/antenna may be on private property. Show correct location of southerly right-of-way and proposed antenna inside the right-of-way. PW -10. Each location shall be separately permitted for encroachment into the right-of-way. The number active Encroachment Permits at any given time shall be limited based on the availability of Public Works inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations. EXHIBIT A CITY OF TEMECULA FINAL CONDITIONS OF APPROVAL Planning Application No.: PA10-0192 Project Description: Assessor's Parcel No.: MSHCP Category: DIF Category: TUMF Category: Approval Date: Expiration Date: PLANNING DEPARTMENT Within 48 Hours of the Approval of This Project 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 -41) in the City of Temecula right-of-way on the northeast side of Redhawk Parkway, approximately 135' north from the centerline of Vail Ranch Parkway City of Temecula publicly owned right-of-way NA NA NA March 16, 2011 March 16, 2013 PL -1. The applicant/developer shall deliver to the Planning Department a cashier's check or money order made payable to the County Clerk in the amount of Two Thousand One Hundred and Eight Dollars ($2,108.00) which includes the Two Thousand Forty -Four Dollar ($2,044.00) fee, required by Fish and Game Code Section 711.4(d)(3) plus the Sixty -Four Dollar ($64.00) County administrative fee, to enable the City to file the Notice of Determination for the Mitigated or Negative Declaration required under Public Resources Code Section 21152 and California Code of Regulations Section 15075. If within said 48-hour period the applicant/ developer has not delivered to the Planning Department the check as required above, the approval for the project granted shall be void due to failure of condition [Fish and Game Code Section 711.4(c)]. General Requirements PL -2. The applicant and owner of the real property subject to this condition shall hereby agree to indemnify, protect, hold harmless, and defend the City with Legal Counsel of the City's own selection from any and all claims, actions, awards, judgments, or proceedings against the City to attack, set aside, annul, or seek monetary damages resulting, directly or indirectly, from any action in furtherance of and the approval of the City, or any agency or instrumentality thereof; advisory agency, appeal board or legislative body including actions approved by the voters of the City, concerning the Planning Application. The City shall be deemed for purposes of this condition, to include any agency or instrumentality thereof, or any of its elected or appointed officials, officers, employees, consultants, contractors, legal counsel, and agents. City shall promptly notify both the applicant and landowner of any claim, action, or proceeding to which this condition is applicable and shall further cooperate fully in the defense of the action. The City reserves the right to take any and all action the City deems to be in the best interest of the City and its citizens in regards to such defense. PL -3. The permittee shall obtain City approval for any modifications or revisions to the approval of this project. PL -4. This approval shall be used within two years of the approval date; otherwise, it shall become null and void. By use is meant the beginning of substantial construction contemplated by this approval within the two year period, which is thereafter diligently pursued to completion, or the beginning of substantial utilization contemplated by this approval. PL -5. The Planning Director may, upon an application being filed prior to expiration, and for good cause, grant a time extension of up to 3 one-year extensions of time, one year at a time. PL -6. The development of the premises shall substantially conform to the approved site plan and elevations contained on file with the Planning Department. PL -7. Other than stormwater, it is illegal to allow liquids, gels, powders, sediment, fertilizers, landscape debris, and waste from entering the storm drain system or from leaving the property. Spills and leaks must be cleaned up immediately. Do not wash, maintain, or repair vehicles onsite. Do not hose down parking areas, sidewalks, alleys, or gutters. Ensure that all materials and products stored outside are protected from rain. Ensure all trash bins are covered at all times. PL -8. The Conditions of Approval specified in this resolution, to the extent specific items, materials, equipment, techniques, finishes or similar matters are specified, shall be deemed satisfied by staff's prior approval of the use or utilization of an item, material, equipment, finish or technique that City staff determines to be the substantial equivalent of that required by the Conditions of Approval. Staff may elect to reject the request to substitute, in which case the real party in interest may appeal, after payment of the regular cost of an appeal, the decision to the Planning Commission for its decision. P L-9. MATERIAL COLOR Concrete Street Light Pole Gray with dark and light flecks to match existing street lights in City right-of-way The applicant shall comply with their Site Justification Analysis/Statement of Operations dated December 22, 1010, on file with the Planning Department, unless superseded by these Conditions of Approval. PL -10. This Conditional Use Permit may be revoked pursuant to Section 17.03.080 of the City's Development Code. PL -11. The City, its Planning Director, Planning Commission, and City Council retain and reserve the right and jurisdiction to review and modify this Conditional Use Permit (including the Conditions of Approval) based on changed circumstances. Changed circumstances include, but are not limited to, the modification of business, a change in scope, emphasis, size of nature of the business, and the expansion, alteration, reconfiguration or change of use. The reservation of right to review any Conditional Use Permit granted or approved or conditionally approved hereunder by the City, its Planning Director, Planning Commission and City Council is in addition to, and not in - lieu of, the right of the City, its Planning Director, Planning Commission, and City Council to review, revoke or modify any Conditional Use Permit approved or conditionally approved hereunder for any violations of the conditions imposed on such Conditional Use Permit or for the maintenance of any nuisance condition or other code violation thereon. PL -12. The applicant shall comply with the Mitigated Negative Declaration and Mitigation Monitoring Plan prepared for this Project. PL -13. All graffiti shall be removed within 24 hours. (Added by Planning Commission, March 16, 2011) Prior to Issuance of Building, Encroachment, or Right -of -Way Permits PL -14. The following shall be included as part of the encroachment permit: "If at any time during excavation/construction of the site, archaeological/cultural resources, or any artifacts or other objects which reasonably appears to be evidence of cultural or archaeological resource are discovered, the property owner shall immediately advise the City of such and the City shall cause all further excavation or other disturbance of the affected area to immediately cease. The Planning Director at his/her sole discretion may require the property owner to deposit a sum of money it deems reasonably necessary to allow the City to consult and/or authorize an independent, fully qualified specialist to inspect the site at no cost to the City, in order to assess the significance of the find. Upon determining that the discovery is not an archaeological/ cultural resource, the Planning Director shall notify the property owner of such determination and shall authorize the resumption of work. Upon determining that the discovery is an archaeological/cultural resource; the Planning Director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other corrective measures have been approved by the Planning Director.' PL -15. The maintenance/facility removal agreement, or enforceable provisions in a signed lease that will assure the intent of the Telecommunication Facility and Antenna Ordinance will be complied with, shall be signed by the applicant and shall be submitted to the Planning Director. The agreement shall comply with all provisions set forth in Section 17.40.210 of the Ordinance. PL -16. The applicant shall comply with the lighting and fixture requirements in the Palomar Lighting Ordinance. The parking lot light standards shall be placed in such a way as to not adversely impact the growth potential of street trees. COMMUNITY SERVICES DISTRICT (TCSD) Prior to Issuance of Encroachment Permit CS -1. The developer shall contact the Temecula Community Services District (TCSD) Maintenance Superintendent for a pre -construction meeting. Developer shall protect the landscape and irrigation equipment in place and comply with TCSD review and inspection processes. Prior to Final Approval CS -2. Any damage to existing plant or irrigation equipment shall be replaced with like kind and to the satisfaction of the TCSD Maintenance Superintendent. BUILDING AND SAFETY DEPARTMENT General Conditions/Information B-1. Obtain street addressing for all proposed buildings. B-2. All design components shall comply with applicable provisions of the 2007 edition of the California Building, Plumbing and Mechanical Codes; 2007 California Electrical Code; California Administrative Code, Title 24 Energy Code, California Title 24 Disabled Access Regulations, and the Temecula Municipal Code. B-3. Obtain all building plans and permit approvals prior to commencement of any construction work. At Plan Review Submittal B-4. Provide electrical plan including load calculations and panel schedule, plumbing schematic and mechanical plan applicable to scope of work for plan review. Prior to Issuance of Building Permit(s) B-5. Provide appropriate stamp of a registered professional with original signature on plans. FIRE PREVENTION F-1. No Comments or Conditions of Approval. PUBLIC WORKS DEPARTMENT General Requirements PW -1. An Encroachment Permit from the City of Temecula Public Works Department shall be required prior to start of work. A separate permit shall be required for any extensive conduit installation. PW -2. A Traffic Control Plan shall be submitted for review and approval by the Public works Department prior to start of work. PW -3. A Right -of -Way Agreement shall be executed between the Applicant and the City Council pursuant to Section 17.40.220 of the Municipal Code. PW -4. Applicant shall obtain waiver from Planning Commission to install new poles in accordance with Section 15.04.080 of the Municipal Code. PW -5. Antennas shall be installed a minimum of 75 feet from the nearest residence per Section 17.40.110 of the Municipal Code. PW -6. Applicant shall submit for review and approval a geotechnical report and structural calculations for the proposed antenna pole foundation. PW -7. Sheet T2 — General Notes — Note 7 shall also state that erosion control shall follow the latest best management practices as required by the state's Water Quality Control Board and City Ordinance. PW -8. Sheet T2 — Standard Trenching Notes No. 3, 4 and 5. The City does not allow slurry backfill. Compacted native backfill to 90% is acceptable. Make reference that trench backfill and repair shall be in accordance with City Public Works Standard Drawing No. 407 and 407A. PW -9. New Flexwave Prism is shown 9' — 9" above ground level, but shall meet all regulations governing minimum distance A.G.L for this item. PW -10. Depth of cover over conduit as a minimum 36 inches. PW -11. Each location shall be separately permitted for encroachment into the right-of-way. The number active Encroachment Permits at any given time shall be limited based on the availability of Public Works inspectors. Subsequent permits shall be issued only after satisfactory restoration and acceptance of public improvements at previously permitted locations. EXHIBIT B INSTALLATION LOCATIONS Attached behind this page are descriptions and diagrams indicating the location at which the DAS Facilities covered by this Agreement will be installed. VACROWN uu a (.SIS TM -01 NEW CONCRETE STREET LIGHT POLE EAST SIDE OF MARGARITA RD. 320' NORTH OF C/L OF DE PORTOLA RD. TEMECULA, CA 92592 APPLICANT 14.1 Pelt 0110.21... 10( 011: i3t-ate JURISDICTION I1M.IIItY „r r Ok 1.4-1046 no. NW 4.401 Y 000 10-10 ENGINEERING FIRMISURVEYNNG I.P.a a+wwea a•a.. 2 %OA10 0.00 Wet -- NIWIN )I iN 10-10-3,1) COORDINATES W. to. '-2,24404Wl CROWN CASTLE CONTACTS 11.4114%=111r 1.: +1 II o.�lo 0 00 11110) 10.0N NI.. {WI 10 1111 00152..., 41 111.2 (IM) w,/. A WON we'e OW 10-1171 atm 100101.70. v ePs x ': 'NI "+ (06) 07-50) CODE COMPLIANCE: .1 Ao.t Yo W,9.., 0*1 1t 10021[0 . 204110w 140101[00Q,WI 0221210 M NUN. 0.41 111 A 4201 ,01000 . NW. A * O 10y/ON/0P.0 OO.,,. ' �Ol 6440..• ou tN 400 0 ON.* * OY A. MN 61 , 10 otiik VzOf 10 PR��OJJNE'CT DESCRIPTION _ fO I N. 0, 11.1.0 NA,. W. WIC.AAY10M' IA t7,i. a , N M NA. CONY b:" V. ,a,.c'1 P.n t41 SPt , '( 1111 1„ O M)(0N6 *( **1 1111.1 I/Tw ;444..." 300Awry. s 1I II111a 111• IY,W ,.[, _arpr1uo_ • vq DATA TABLE 1.010111.11, 001 ONO 0016 CNN POfl NM. LININ hw .41we0* aM .W W/,04Y,1./♦N New WOO MILA WA. .01 10.0400 pM UN WAWA WOO NM MA WO 4000., 0004100 M a 10119 .011, :camp Kw, slP T2 T3 Pt Al A2 AS SITE VICINITY MAP RAM/NP AN 6 • --• :� C.4!�":Y MAC ..F 0 I.. 142.7041 1011 1.. AAA VA AIaa* F.Oa..N'-Y / 10 01 swot t 11wt SHEET INDEX 4.7 CEIVED N 21 2011 cel"M-01 C01 0t( SIN (1 11011 Rt( Op P99U(t1 10 SCA -007 an A/00/10 9/17/10 1/13/10 12/3/10 1/11/11 //MAMAS CLO CAA9►FS AWL C1P 1 PLVSON P0f1 OFF 0001020 01011 R(011051 m team se 1 tY1 (, Sa,• (01/18/11) 0*0)11 14, f 440 9, [4111 M\ exlmlze Comm. Group, Inc )51 P01101M 10 . SWIE 100 CORONA CA 92002 00NICE• (909) 780-2170 AX(909) 992-311) 106 SN:KIO 5710(1 SMILE,116 0019, .. AA,...e..1. SIN NO: TM -01 4 ACQI(1:Y GRIM k1AORK IW 01 Of Inn. r.f 1 Qal[.. Nat a IEYIQAA CA 92552 (.0-00! v11L ili1.E'AiEi I. 96 t',OCRO M.r,—.an i w 1, .0. .. AJ T1i8J P/JO 0/8G �tl. ii1.1 11 '., .. 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RA 00770 A•740119 49111 OVUMWNW NOD 01 =91 t4l911111110711i;Rt91t It..9:014 CA 97591 .1iW R1 6+'r>W 11 1647: IP I SC /u Al 8J ltl IMRY. — 1o..1N 01 0,66.6 00( leerai6.1 .6061.... 1000 .a..'C 1100... 30 CCNCOEEE MEM EC41 PO OUTH ELEVATION — 11• if.] -141 f' --41-F* `' "'"1:=141't .-I..f1.1.\t111' 0 11 - .Lvl n ...n 0 4.11.00...• •. 4. 0. --.7 f_IIU9eA..9.� _.1.114004 0016.M11.i' W40.-4i022_(.$l i.0 33' C0401312 $r0& L1(' /(AC I MI --1 2 1 WEST ELEVATION la .4_00 000 it.e tut TM -01 Cb 000.CC. NC 9CA-007 nv a¢ 4/04/.9 4/00/10 0/•3/10 12/3/10 0EICNOMN CUP 0.4400109 3914 CUP 4143101 YN OF, 10104:015 _ SPASM. f 04411• mast 0 1/11/11 2010010 0/ ague.) 7i+ 0 66 l -V0121007 i „` MexlmlzeConm. Iwo Group. Inc. 131. 0000004 00 SUM 100f0. 0000CA 02410 DOfICC' (0U0) 705-2140 FM. (909) 002-3113 0010• fg 1 FA9 045 1A/000) SOtft• :EAtILC, WA 95100 000)c0V1 t0 TM -OE *964 •gYFC( N nio:6( N 0' v 0' 1, .40 1 1 .1111 VFC0A CA 0719) .11 •.,1 EL4'/A1k 45 C:11 01. •:10:00.) 0f,fom A2 s 1 i\n CROWN u CASTL L TM -02 NEW CONCRETE STREET LIGHT POLE WEST SIDE OF MARGARITA RD. 150' NORTH OF SAN FERMIN PL. TEMECULA, CA 92592 APPLICANT CROWN CASTLE CONTACTS COON 1408 0.113•441004 TIM Own. rim StAlitiN 1414aal CMM 110C OD) 0808 JURISDICTION • ♦310t MA Wain K l0a��a� •13•1411 1014431 (13) 11W(I1I 1YWCA OMR m[ 0ov WAR 111344) 1104 100) 7314114 10/41/14) 7111•714 11010010110 02411111411014 WOW. 111111 111.1.0 MOIL 000 )71.1411 1/43114 1110•14•1134.1 •. 140E 100 441-210 ENGINEERING FIRM/SURVEYING CODE COMPLIANCE: 14113113E 03111-31111 01011 10 110 11 0 M KO 03041. 01-30 ce.1•Ce COI/ ROC 141-4119IIW COORDINATES VM )13001 13-3 _1 N.1t1n Ad ION MOM° oa,�• C 141013 N n[ 0.41 WSC 40434•443 n4a v nt =CI 0341•1141 .1.11413111011R04/101/a11144 00 (42 1.34033 ( 444101114.00 01101 8 141 PROJECT DESCRIPTION /ORI 1111.1111•C • CIf 111 MI• S Cr A 4/ (00[N 51131 114E 11011 COM CAM OM *141014 VOL KC. O 3V-1. M. 50O 801110 1101 COttMO. 0908 4081 K, 4. 1l 14.1.1, 11.111.411140401- 171 1. 1.11)... 4* OL 11144 011101 70111a 1111 1101,K411. L11WC74) 4. 4)11.1 1• IMII 0001 DATA TABLE 21(0101 404(4 1011 Nae 146013 all 108110 101 x(04 000-3-3 0 101401444(10408 11. 41011 01101004 O 000474 1014 490 MONO 1.1.13.0 IOC et SP WOK 4M11110MN41 14/3 (0111101111140.10454.111 IA16 01 4400 10 0 11 11. OMNIA OA Mt Ii HO N/A 130 •M910 4 N/A 404 MUM (0 -c N/A 100( 08041 WA 00~1 441114134•34 Nae WI 0 4•4 4.(O (•11IaO111 11131151 08' 44411 1011 /CC& M3114w IVA 1+ LNFe/i r0 LC 14411 /AVM ~NC 9311'4' / 14.90310 *CM r Ow( SHEETINDEX OCT 00411134/1 TI ou ban 12 «um lam me waw 13 11111:1.; O(0M014a1• P1 on nom M ro RA A2 MOM A3 amps s• 7 f SITE • 6 { V E VICINITY MAP 1 (TM -o2 (0101[ 51PEET 1OM 404E 1 SCA -007 DATE 4/06/10 4/22/10 6/13/10 10/3/10 12/14/10 6.1110 4014 OE5CRPros CAIP ORAH34CS 441AL CUP 1 NE9670M PER CET (011(045 RE4IMI PER 10(94 RECAST mot WRR(01 4.04.0 4414: (12/14/10) ?l. MANED 64: gMaxlmlza Comm. di Group, Inc. 1351 11110444 ROAD 04110 100 0000444. CA 07002 MEC (900) 706-7170 40: () 002-3113 SITE 901 TM -02 ME NAME * ADDOE55: 1[WCOA NE11141RK NODE 02 111311111,1110401441011111110111401011. TEMECULA 04 92592 (surto tins, nn -e 9tt:r �i1A1I1( 01: PECKED 64: VC 5C 14141 IM4 T1 PAIOO/87 MAIM) 1) 004101 01 ..00111014/4 1111.14 10 OR 111.411.1111 1•01. D. 114 IWN0 1119 404 It 10.444 011047 rW 040141 44(07. b 0MM04 11 144 1100 10010117(.1104000 111 40747. 77( 4900410/ LOLL 000 1A 111 1N11 10 1701001 YI NIM W1 7000110 0941 1 0.04(4 o. 7(11970 r 141114 1111001 u 1 WOW .4943.4 [Dr41.01 009* 070'0 40 POI IDU (190 00) NI 47004 0.0901 0111( 0071074001 104 DIAL 10(0 IME 1400-127-2100 At Mu 161414 lo•111•1 MI N...1..«• 40•..x.,(,.1 SITE PLAN QTM-02 PROPOSED 5185E1 UGH7 N00E WEAPON ( ) 000*T 00000 nr Pau 0 (E) (01500 01141.7 Saab (41)11100(4411 NN M1-101ip 001 TM50UCN 5711[!(4 • (E) JONI 17000 UIUTY POLE 1Y-02 018011A1. ;MANN (E) 5711(01 L*Grrt (E) JOBB 0000 U751Er POLE POLE j 4556375E (0) J0617 8000 L?RRY POLE POLE 0 4269753E NORTH 52!• (TM -o2 f0I 11. 010FR Up01 1102 le REV. O4)1 DES(414) N 1 4/05/10 CLIP 04440)05 5 4/22/10 MME CUP 1 6 8/13/10 7 12/3/10 IMMO% PEA COYNE=lastoom 1:414 C11N1 REOUIST \I! 12/14/19 MME / 650E0 407 ASF PR(_VREO E7, •"` Maximize Comm. Group, Inc. 411 90140144 Row SLOE 100 CORONA, G 02584 OF110E: (900) 756-2170 PVC 009) 992-3113 4,..VM: /N / CRQY! 768 GARFIELD STREET 5 417LE. wA 88109 • . rorncsU•o•n 311E NO: TM -02 311E 1031E • /008135: TECO NOM Of 02 1011118166r61614 409.8.64. 115401.8u G 02592 C90EI MIL MOTU Qt.-) SOUTHWEST ELEVATION F..11.14g4.12 NORTHWEST ELEVATION P FSI 1 (TM -o2 DPIWER 5090T 000 0060 CQ PROIELT IC SCA -007 ` acv. ah DESCRIPTION 4 4/06/10 COP 000+9405 0 4/37/10 IV4LL LLP 1 6 6/10/100 PEA t717 004000055 1 17/0/10 :EV: UbT 6 13/14/10 0104 6340(0 400. CURREN' MIA 0511 (12/14/10) 7075_101250aD m. �Mexlmtz. Comm. � Caloup, Inc. ( ) 1351 POMO/0 ROAD SORE 100 CORONA. G 12002 OFFICE: 909 786-2170 F0(: (900) 092-3110 CL 1. �A CROWN 766 CAaF4n.0 510077 50*17 E. 7IA 60100 aow.c400 om SITE 140: TM -02 SOE 14414E & 080055. MEM NEIMORK RODE 02 lour main 0740:11 r 14RMM1 TEMECOIA CA 92202 CCan 0110, el.tVA110I45 101 ' t0 87 WOaSD rt v0, 5C 9u E910[140406603 RM190N A2 G� g/A°4--FE`i TM -03 NEW CONCRETE STREET LIGHT POLE SOUTHWEST SIDE MARGARITA RD. 835' SOUTH EAST OF PAUBA RD. TEMECULA, CA 92592 APPLICANT C1011 0111 MIV0V01I MOIL 0111 nd- Nt)) 111 RIO CROWN CASTLE CONTACTS ,.101)111` 9e S13104 0)..0[ ..o.c 4.111 7x-101 r.a.c (•IO ••• ars lo 9.00 000 0011 U0 014 JURISDICTION w4l0:1104 5401001r SOW A no Ow) . 111-1101 004.7.44 1107 - YNR OSOP.IOIV 19.0 [41) 10.4-•111 K LUNN 0.01: N (nl) n7A-rAnKAM W NIA w-1,0 ENGINEERING FIRM/SURVEYING londrE C01.•031 KW. FO =1,01 00.1. O__ CA Ili cvmc' iro I`M•101 12+g91 COORDINATES 10101.1.47 1o.G -1 n.nnl CODE COMPLIANCE: 101 Aro w1o0t3 WO. 0,1010100• WALES s0011e00 gum 11C 0.011ner MOO 0 710 10L9110 001 A1 IMMO R LOCAL 7/7Ari! linconr4 ••• 164./1m/fa7m 9,9.wfa 71•Ss 1. 1441004A tt1[04 001 M I(4 getkk PROJECT DESCRIPTION I0110, 1(00 COM/)) 0 • 14 0. 0954441 IMO SO O 110 IU front. 4)11 4110160 IPA 0 11110-•1 WA. .11110./1( Si 011' 1•0.4 IOA1M., MING 4 404 lV I 4 ` (00171P r U(1111(a "41103 04 01 L 011 , 11 111' 1•/•50 1141 toe 11.1 ,•v 41Q 111, DATA TABLE .40(0011 PC MAO IS/LO MO 01.1 171), 00001 1011.4 WC .1 0*4 01 1)' all WA 001 0 PAM 10 100.4* 00100101 0 100,01 1010 ,0.n 100.(01 11104 MOT 0P my (0(+0 RNA 0110010, W 4114 WO 111.09.44 WO Vi ROM 004 0 — T.4073AMA W1 1041 M1 MG W. IOW 04.100 Mu WA Lel oar 1/1 won NA 11.0100(0 A00 WA 11)1),01 0040(41) 0*01 —9 0 Ina 111 0 01.01.FJ001 11001 11731 (00 1011 •010 . wwi1OC N' m0' 4011..0 15401..01 114 .4 00 110(01\(1 14.40 000)0.7 000.. 54754: SHEET INDEX TI M.1... 12 0001 54/11 ,.O Iol0A1 T3 10VMA11 Y1f1H7(M Pt 04...1 Al rl nA. A2 9 1n A3ntAmes .1 J SIT • t VICINITY MAP TM-O3� COPPVE 0000 11dn 1010 CC PROJECT 40 SCA -007 0A)t DESC0(11 1* 4/04/10 CUP DRAM14C5 •/22/10 1100. CUP 1 4/13/1D O (11504 HT7 CITY COYY(MS 12/7/1D O (11504 01(0 CII(01 0(00(51 12/1•/14 FlWL J (12/14/10) 24)44) 20101X(0 Irr "1 Maximize �Comm. 0 Group, Inc:. 1351 POYC4l 041E 100 4000+010 C4 02111.2 0+7)CE: (979) 746-7(7D IAO: (909) 922-3113 C1A01 464 CARMEL) *4111(21 ImoCr� ,46 17/311210ID9 M(0m 51E 40.. TM- 03 SRC Wag & ADOUPSS. 5/EWA NtTWOR0 MODE 03 61209110180 I 0110001501(0 710(44.4 a 37377 Cc,t(r MEE 1111 9rrei BY: NECKED 03. w sc 5711(1 IAN UP, T1 PAI0-0188 0180 1011 MCC ).1.72)-:60:0 O IYM M Y11 _ IVO .nl V NM. WON. tK1 1 6I 0% 746 MR DM Ifu t SIN1CM. C9413•y (0 .c909�l 0000 01V.02114 1r.:.., iwu IKVIM 10015/ 101 40ra C. 1 fes[ 4 89 wl X09910 4117 0 1014 710(0t04 110010c 90900900 WU Mast Cpl .019 9004 001 4l 0.1.005Mu% KM <47.1•<47.<47.1••C‘00M101 TM -03 COIC9CIC 91941? 1[711 MIL &.."A101 arc 0/00/10 6/77/10 0/13/10 12/7/10 17/14/10 OLSCRP144 CVP 9RM$NCS Mei CVP 1 700604 PLR CRT C011uMa MIMI PER 9t11711 RMVLs7 MAL ENLARGEb SITE PLAN 12 NORTH (12/14/10) ipms Pa.NRn Tm \ A1 mMaximize Co, rp mmGroup. Inc. 1331 P0401K AML 100 9090111 CA 03007 00719E (900) >09-7170 MP (000) 997-3113 9((49 1 104 0u SCAM. 7711.0 warn nn.IN1 ALIS 40: TM -03 907 40 * t .o9aSS IELECIAA NEINORK NODE 03 2/101111611141.61/612131111111110 T0IECUTA CA 97047 NOME c '17a.rmar 14�wEM'�y��y•��•J�'• r9/ pl e+tr . 6109 MO h 40 416 MO. 0.147 14.34 /1P9Ya) 4 WYK 0 4101 WOK 1..110. 1' OA 411140413!0 0..4 WOW 143.4 NMI 00.4.0.1 0411 -um - 32' CONCRETE STRICT MIN TOTE 1 114 sr 13144.444 101.110 0110.10114441.x3 = 40001 .14_ ..wt 12' CONCRETE STREET LOW POLE •9011 von 0 'MA •• WIN 44.4 VN4 Mat KN i•;' 4.00wt .10a0 4.0 st•W rota KV 001 944. 10R 1,414111111 I 11.x3. ..SOUTHEAST ELEVATIONM}T/,V;;{ z NORTHEAST ELEVATION TM -03 COIK.EII AKEt 1134/1 IOEC SCA -007 OA1E 4/09/10 4/22/10 0/13/10 12/7/10 17/11/14 OESCRIPTON CUP 6401/9103 FOAL CUP 1 REM60N PER C11Y COwEMS 9003161 PER CLEW REDU(54 FM& • 37 Maximize Comm. W Group. Inc. 1151 P0601M SIM 100 CORONA CA 90.482 04010E: (909) 786-2170 FAX; (009) 002-3113 rrwteaM.••rM......w R`QN :EAfa. 140 08109 n4.O' 1x11 768 CARPE10 STREET Stn N0: TM -03 SITE NAME 6 ADORES& TDIECUA NETWORK NODE 03 7.nlse ICA TEMECULA CA 02592 $313(1 TIM l NN m: NECK(0 IRI: 17/e01I11T: w 20 ul S1aal1 .cR(N510141 A2 YI E TM -05 NEW CONCRETE STREET LIGHT POLE WEST SIDE AMARITA WAY ACROSS FROM VIA RICCI TEMECULA, CA 92592 APPLICANT CROWN CASTLE CONTACTS WOW CAME 00311.4.4444 0I0W+ax SISTA 00101! TM CANTO WPM 4010 4740 RAO, Ink 44100CA 1547 :IGD) 731-05% TOIL (1111 -OMOf DAHL. JURISDICTION :IIT K 16/707988 4000 117549434 nes 74 3 0 1361) MI 4411 rox WI) 444-B474 G ROI. -au CIOXV% 74.74.4 7114.4.. RCM .w 173* MMA 1144.11.1313 404 (MO »0-1960 111407 40004703/ 1444.4. 708) ENGINEERING FIRM/SURVEYING CODE COMPLIANCE: Y449x C1344414..41044 13144. IIc MI. 94W 9113 MAMAS S 0441 11 74.4..0 4 GIR KO 14"� of 70uowI COOa Y1 K.TO, NY YI 1xM roIAVAINT nTMC 1411444E Re IOV:/00/c0um 010x0705. Man •44-11,3114 rill 104 416-3117 COORDINATES Uti M70 1010 9) - 1).t01w 4 t If i 08r*w1A 31.40* 0419 114 411 PROJECT DESCRIPTION 908010444874 4 A 47 K. 10E6CI0 0(900 4041 IQ( 00 (a044 art( M4 0094) 0*1A 440. 4 4444,11 »'-41 06//411489 10 44‘414.4.04 MAMA% tae,% Of. A 7 $7 0444:44411,410% 501) IRI • oar l %V 0 114 0(np WOW. 00p1')440))0)10. 11(00430811 i. 1i 91411 i 12.4(gWK1) n. 44 I lar63104 war DATA TABLE 44441 44(41 44M41 141e OMNI ONLY IMP 404441 WW1 %C( YW Yr 47q4 147 VA 644 44141 409900044 0 341144.31 I/O MOO 089x0 *01* MOO01 MT 41144 1098 14/1441011 N+ 1r4.4) IAN 442/I.444a01.e let 1,.44 MOO 0.31 VOA 0970441 (09 ./4 Kti ....WA V4 901 7044644[ 44 NVILOG 44 8014 KA ala 44 x41V1Cx ta111IW0, 41 Mt CV MAMA .44 404 0' r11�tw ZN .1M 410 M ��nat 4449)7 %Vett (GA KU 49 NORM P4.1COMI 410'-91 / 10414311 64114 402 SHEET INDEX •01 141 74441 T2 awl 14442 Ne 440.11 T3 44u074411 01(900440 P1 R MIN Al 69 AAA A2 A3 11,+7411 3117-1/1( VICINITY MAP CTM -05s\ CONCIRTT STREET UU11 POLL CCI ) MO 140 SCA -007 REV. 4 OATS OESC2PTgN 04/05/10 CIX ORA819GS 5 M/22/10 FR/AL CVP 1 0/13/10 RLV5120 PER CrTT CONf4NT5 12/3/10 IOWSKIN PEA COI01T REPAST 12/14/10 !/JAL 11 15 LCD TOR 75x0(0)1 .SVC DAR 12/14/10) r1 A2, 007(W(0 07 6.1 Maximize Comm Group, Inc. 1415 COY) 99/ JIT] 1351 P011079* ROAD SUITE 100 CORONA, CA 92062 0(1167 (900) 763 2170 (11141 cRQI/yN U C.1�/Lf 768 GAR0ELD STREET SEATTLE, NA 98107 n (,0.YT1,I can SRL N0: TM- 05 SRC RANO 4r IOORESS' TEIECUTA HETAT% horif 5 RST SOC AJ.1814 04, 900:8 MY VA Mt. *EV ECLAA CA 92092 (51111) 1:110: TI g.5 5Vr M ON DT: :HECKLE. BY. 5C 400410 47 Au Sf44E1 11/2308: T1 PA/OO/89 1(OCflol Of ODOVOM 116.1) MCI OR S)01C11AQ 001 0. PC )H6 1011 14 10 5090910 AWARE 041110 400105 /MOM 141 011.)0 6 INK )01 111[ 611�L1P000$tO* 116.10.11D AO)411 HMA 1 1441 0201101. 511141 4410010 110'.( ;0l TICr+ 0R MI 1W IUM 09 00190 00910 b 101) 4108 (RiO. 8C. 00406/516 TNU (0064 440 T *0.0 0910 00) MI. 0:0)10 YRPRS MINN 00608.010. (() STREET 9ONT CORMS" COW. p1 K *WC H40 11111.11...11 110. ENLARGED SITE PLAN 14,0 2 !c)1( R ET a 150, 11'(2) CURD (0) 110 PARKING 5106 (APPROx 100• WAY (9904 MOE LOCARON 1w04•141I0042 y„ 9 10.16666.61••• a si .6 S -Ai �•'�Y{:tea::: (q 6000 0 1' 41 614151/RK9R OF WAY NORTH SITE PLAN (TM -o5 COIK.RCIt 0900) UGN) (012 CO PRQ(01 10 SCA -007 1 34/00/,n 14/22/10 1/13/10 12/3/10 12/14/10 OESCOFlION CUP 91021A91GS Mt OUP 1 661509 PER ORT OOYYENIS RE6910N PER Ct0R1 RtOUEST (0RR011 6511E 091E (12/14/10) 714 P90?M0) N. Mexlmlze Comm W Group, Inc. 1351 P060441 ROAD SURE 100 CORONA CA 90002 01010(: (009) 200-2)20 EAI: (909) 992-3113 ['iCEN1, /CRR N ll CAaE1ao SWEET EATTLE, TTA 915109 050.0016594116.005, 611E Noe TM -05 SDE TEM0 • MOMS: 1[11[CUu 1&11 UR% NODE 5 KA 96. 0966 w. 961006 (660004) TEUECIAA EA 92592 C9(11 TRU 511E%AN ORL1N et: tN(Utro 00 Y0 Sc �1 �Al 1RR1t19ac1aa7 -n9Rer• •• i Ri7i91nnr�y� MEM \,SOUTHWEST ELEVATION ,E'i,;l>ii 2 NORT EVATIO-N (TM MO.(C SCA-007 REV. DATE DESCRIPTOR 4 14/06/10 CUP OR9290184 04/77/10 i1E1E CUP 1 1/13/10 REVISOR PER CO/ CODOMS 12/3/10 REV6O11 PER 13.400 IH01[51 12/14/00 /MAL CUM4111 63110 0ATC: (12/14/10) MENACO QE, 0, Maximize Comm. J Group, Inc, 1351 PO14004 ROAD 40111E 100 CORONA, 04 92632 OfF10E* (009) 794-2170 FAX (009) 002-3113 ..,..P. 761 0ARFRSD STREET 5E4111 , YA 09109 .wcuxncw0M.<an SRC MO1 TM -05 SIR AK• ADDRESS TEIEGNA NETWORK MODE 5 603T SEC 11111'1617, AE1005 Ip VA REO 1EYECUTA CA 02592 CSMU Tint, 77)CROWN u CAS F TM -17 NEW CONCRETE STREET LIGHT POLE SOUTH SIDE OF VAIL RANCH PKWY. 144' WEST OF CAMINO PIEDRA ROJO TEMECULA, CA 92592 PPIJCANI CROWN CASTLE CONTACTS ‘90•1. WIZ brow... •••,,KM 660.316 MTN aorta PIN 0113111.17 5111111 001 104001 31610.1 0...13 SLAW. s.. WIN 003. On) 771.316 000 (111) tws-vro canto VD,. 17/0101, 1,040 17431 316-32115 Id fleallX WOO. taVa101 1404. (a) 00.0110 JURISDICTION rigr.zys.z........x DV Cr TEO. 0.103 WANE. MM. 001. 1610041. LA 71s•-•07.3 77070 1161) 545-45.1 at (450 .11 -11115 7.04[. WM 111-00 .1W 1,rAl • M.: WO 40 .3101 ENGINEERING FIRMISURVEYING CODE COMPLIANCE: Wawa 00.0•03,r,. 0•11:40. 071 1101 PDX. st•12 100 VW.. 07 P00 MILK, AP. ...ME Rod" 11•1-1•• 3170 01 VT VW 3117 COORDINATES LA, aosr55 -117855110 Mont LIATOM.a Sm. ME Mean. • 041111/0 11 6C.1710 VI. 85. ..•sourt 1.21016 07 INE twang COCCI AS FM,. IT MAL 0.14300 3707 40 1.004/01,ICOunTY 1 10.11 6.4.J00•4 ta% (110000.07003 MIA 81. •AIL 0 • I fra what 3(26 PROJECT DESCRIPTION PAWKY 1p555p5 N)4311... 0 c 5 COMM Or A Xf 001071 37100 Mt MI MIN MU CAS 141.011l Mk 710160 .30-7'1113 1.1.1m74 RI 41071 =WC MM. 0M11.01.3 CC /1. 00401 101101 41471 7130 04040P14700701 I 2/11 t. 107 V. 03 0 boa A,0•4,3 • M11131113 taloa row 1 4145 t 5 7 5015/.50050411 464 1 01 3.1 7001 IPMEt .....1 DATA TABLE wow. 770(11 77007 7107770016 KV. *Of V WA ••••.• •.0 1014 0011 0, 44007007* ICA tat. 05505344 a rasa. IVA 1.7.6 00.00.10. 1.7071 000 lir -I (000.4 01.44 641.51455. 5/5 15416271.248 86/53770009 WO 98 11.1.[ WIT Or 11•Y AL, 1.7E 3370 KA Mk K1 MG .... 10716 KM.* VIA KA .3044400 1./. 700.110 5/5 0.095 MT hire VA 1t.0..47 0.41.1•470. KA 77111 DI castutapi 01..4101 01*11 44., 740 ..t.A1 • V.1,1••, . r7•1 1........11.: WV. maw 14/5 man c5 Aa4a55 55400* ma n( MOW., WIN, IX:11,M 15155-5.5 63a. -A7 10.P.3.11101171.7 . Mac SHEET INDEX SKr paatrnal TI MI San 12 cot. a.," 55.5 Waal 11 .55555cua Varcatas P1 Mx Mora% Al 0077/4 A2 anuag A3 ...... 4/e 6 ICO • 497... - SITE , VICINITY MAP TM -17 CO5/25111 519(11 1C117 Pa.( CC PROJECT 135 SCA -007 REY. PATE DESC985152111 3 4/15/10 6 4/23/10 7 6/13/10 12/6/10 54...6 12/14/10 40Y1552/15 PER 12581 91/1.12 0501054 MAL 0.0 P. 1 4le0,074 POt crry cotwoos pc.two, PER CLENT It(OUL51 11•04.. C015:4111 1554J0 0411•• PAIPA510 - \ [ figigP Maximize Comm. Niro Group, Inc. 735T 100 71 '044 '7 60 4 04 501 C0160745. Co 92882 flCI. (909) 7E0-2170 15., (909) 492-3113 4N: [705 CAR:FU5 VAC II' 5,511LE, WA 11810; 55It c ro 5 0cal 14 corn t cRowN TM- 17 VIE 944112 & 22/06(S1, FORK NOR 11 0000 7010 r.1411316011.3117101 ITJACCVLA CA 61392 (5,41:1 11110: Utl:HECKE0 61/ VC 74- C.ECI T1 Nialst0 Ct 7161 RIVAGILI 9 PA/O-0190 5yW�y{{w' .041,11/0140 iaMk010*050 0•0 90 0.0* /0 6'NRCI Iy CMO lM o. 1AL INOO LO.6 o0 . M RCP* K t404C ONIP1 aptY IO O OC.00 •0 O.S.I: VC. o 4* 0 Mf (.WO 961 Atl [c6lf. NNRi •MN CO..SA1.CIfh 4 TM -17 .NIO.O IMO Y1. MOM M19.. (1) F.H E) III' 1 ECO 600 (0) 2'04' 1*IER VAEK t NN 0) SERER 106410(0 1E) 41(11' SCE CRNO IMNSAOWER 14512x76 —(E) 4'08' SCE VWIT (9) STOP SON (E) 510P FON (E) i2• NANO NOSE 1'K2. NANO NOTE (IPoCATgN) (E) NO PARONO RCN 4.49- 4142 }w NORTH SITE PLAN (TM -17 00 1t 511121 NO11 . CC1 P900*90. SCA -007 GATE 4/15/10 4/23/10 0/17/10 12/0/10 12/14/19 0ESC11W1AN REVISION PER PAN BOLO OPTION OVAL OOP. 1 o09 5R D ARANO.1 S PER 0161 MAL IVOS P9666610 OY; WP Maximize Comm. � Group. Inc. 1331 0011011A ROAD SIAM 100 R0 O .6. CA 9200E OFFICE: (909) 706-2170 PAX: (909) 992-3113 p CRO. YN (.�l�It 768 CAIN= SWEET SEATTLE. WA 98109 \9...T.N111M.'911N can SITE N0: TM -17 SOT Nutt s *0701ST TEYEC A NEENORK NODE 11 awe roam W914MOSIM6M 1WECVIA CA 92692 L. 111101 Nil; FLAN bNA60ITt *MED BY IF VO K sau Al 1 NOME 'YIESJE19alr \ZOUTHWEST ELEVATION 12 NORTHEAST ELEVATION 11! TM -17 COIILiT0 3ttE1T 1041 Poli 8CA-007 DATE 4/15/10 4/27/10 6/17/10 12/6/10 12/14/10 O9s09060N 10064111 cut NM 901L0 09009 FYYL C 9 P. 1 11£14510N PER COY COY59DOS MOON PER CUM e9011120 0900 CURA(Nt ISSOC 061E (12/14/10:: hums P0EPAREO 00 �0Mexlmtzecomm Group, Inc 1351 0016/166 9000 5V9E 100 CO901K CA 92862 09710(1 (909) 786-2170 PAY: (006) 902-3113 W.f•ONO ...•n►•+••• M CAg1111 CRO/N 166 ownt-t0 S01EET SPA17IE, 915 93109 •n ervencwl6com SIR NO: TM -17 SITE NW & ADDRESS`. !D1ECUA NEt11ORK NODE 17 911669E em 19241 NT 69a9r9,890e 113A:COIA CA 92392 (049(4 195(1 il.E;1'/ilYl4� 966 9C IECICC0 00 VO5.01 N A2 00990110 h. RLV6i01! 9 C?AYI TM -39 NEW CONCRETE STREET LIGHT POLE SOUTH SIDE TEMECULA PKWY. 525' WEST OF BUTTERFIELD STAGE ROAD TEMECULA, CA 92592 APPLICANT CROWN CASTLE CONTACTS ORAN W 148 .941445 act m9 6u TM IRO 8)a 1m unci+MI mm 943(: 2115* 181 - ern cc4i.io, w(a1 1821( OW 511-1124 PI 40115114 JURISDICTION nr1 or, ma,vu NO{ O• NYCO. a .o11-45541 5.0 (5.I) _4+114 11 ENGINEERING FIRM/SURVEYING m 1••• 0, Pm%.c 1351144 G N1V 441 NOW 4441-7111-151513 0.% 4051-014-1115 COORDINATES 16R 11igM6 warn 5055511 N OW. flop 15* -4114 OianYCITAI 171544 14O143 mow: (01 1.1,-1451 4•I444/ tuf...i.8.r� 44.1N4441 CODE COMPLIANCE: RONNON. 15%,41,55 904 M COMMO0149.1111 n4.e 114 110 3 w�NoeYl Yt WWII,1 0541 0440c . 11979 W LOCNA /[Y UIPMK¢ 5, El 1 43445*... 14444 D.W. Tl 554 mat -Or 547/i PROJECT DESCRIPTION MALI MAO. e D ,. c 45.51.5 . 4 551' 820851 )9514 5.w ram ONO, Wu 5,31411415t. 0. 1(01 Dr r-.• nm W.I. 1 ..1.. 0R1c. 50505144 0400 ON ).)' CoO51.1 113(11 141 1a[ nEC 1.9 111 1801 44 wt 144 9 154 1. 110. W(1 M14IM) M'1 511 111' 11114481'•543 1 11)'.1 4 )' KN1190001C8I 5)1 N, » (518 1/1L 41.41 DATA TABLE Raw PPS" WON. MG 1410 w5. 11445 54941:43 10.015( 514455444 nn. N1' NT, 4 1.119(,4 841.4 R5Y., u.v. 559.1250 Or a4N•4 44 won aoarlaN MC Km Cr 1.43 CCM. 14..31804'0. 5/4 0856 4451 011/500.1LA. PIE 1195.( 15511 awl MD1. 0,511 .v.1 T05 1011 T0? 0.. 44 NK 9115.4 4441. .VA IV maw. 4. .500 4,1 MOOR 4.4 5.R 44 1O01,,,.11 CIA55,IC.04 RNC 01 5, TM 1181 TO 50482594191 (0.,191 1.01 408 900 ►1.y�.oe1 V.:* 54/5 MT 8 467.46.7.)rAGTG2-.i' N104 1.11511 .1lawn( .aa. 5.w 4,82 Nn.c..a w-4. / SHEET INDEX .(n MUM. 11 mu serf T2 Doo. WW1 .O 91041.1 13 woo... 055(8414.1 P1 n rRavl M «RE. A2 041.,0( A3 118000 r5 man I 1910 ' 94. ( SITE 11.0 15. VICINITY MAP INM-3 CCK�)1l 9141(1 1O(9 Cd PP01XCT 1q SCA -007 REV, OATS 4/05/10 4/25/10 DESC R IPPON CUP ORANICS OIML 0051 1 e e/1]/10 ■0.9991)51 PER C1ir 0.095)9.3 11/0/10 REVISION PER CLARE RE0'JES1 11/14/10 (5114 99050 EON 51414 1a(PNt(0 Cr �bMaximize Comm. � Group, Inc. (AY' (90'4) 992-3113 1.151 P041111A RD. 5141E 150 CAROM CA 91852 ()MCC: (909) 766-21E0 .+l.e. 4-455-4554-.-.�- J 768 CAR1(940 STREET 5E6111E, 1FA 96109 •..r.cro.nc0414 com 1 SRI NO,: TM -39 SITE TAW k MOM'S. TEIIEII:A COX ? X.19 M 91004 RV. 558' no 8290.8 MIA 1112cuLA a 92591 85.151511 hill 1414E 9.tr" DP.4(4 EP 1;11ECR10 EY: 00 5C STQ II .4511.01 T1 9,,551450 61 111 8, PAJG 0 i9, RDK DIPS /Irlft sun 'piuAl 1.10,41NWiVI' iaM`IIiOKRMVSAU NM4 71041 litatInAvvinM 101010 400.0.0 MI IR1SO. 1k 10'19 LY11. tut DA PfteAlDOPMr 1.0.10•11 le g94998U 4l NVff 104 IR�10110 DOSE 6011K . 04 1,01 /N MOW I1 (KVO 00 pl Dp4 ENO D0.4 C) 491 M M IMMO 1 1 titw/1°OW M10D 1010. ENLARGED SITE PLAN ra20'4ir2 / (9) NO P/IetON° 914E (E) 11I1O*Y POLE POLE / 4259030E Pu/ 1*64 (E3 [I1f"*.i.1risr4-" 00Ma r (C)PRE 1104259.037188 (9) RELCONE SON (4) Mutt POLE POLE 1 4157411E (9) SPEED 91190 5�1 \ 01 WAYS". 70 i (E) 1-6• % 2'-0• ELECTRIC 803 l ' — wo sift"- 11/� S1 WNt 93.-03°"01'1 C4 V1AY /ivan NORTH (TM -39 0046021E 518[6* OOR M MIOxCI NS 8CA-007 REV. 4 e 6 e OA1E 4/06/10 4/23/10 0/13/10 12/3/10 12/14/19 OI*COPOON COP 0944905 REAL COP 1 080206 PER CRY CONNENIT R7000)9 PEA MANI PE00E81 RIO CY00EN1 651E 0118, (12/14/10) 941415 PREPARED BD' •Meximlze Comm. , Group. Inc. 1351 P01MNA RO. 3114E 100 CORONA CA 92682 04*180 (009) 709-2170 F00 (009) 992-3113 CtKifl. VI Mr" 768 CARDaD 51REET YdlltE, MA 98109 ON.womankomn 511E NO: TM -39 SITE 10411E 0 AOOMEM IEIIECAA KIEV Of 39 !A! YIN19RYire092Q04r9 MOW CA 92592 C utcl IOU :TIE am J 0*309 80 NECNE0 8Y w 5C A EE1 Al 0.11119 R. 99 00010108 NOME otp) 1,�:.7OgE• •. t ( NORTH WE$T ELEVATION t�i1�4 Rtitiii 2 EAST ELEVATION fl'l 1 (TM -39 [ 51RE[1 1011 En 1 0201[01 10. »CA -007 OATS 4/06/10 4/23/10 0/13/10 12/3/10 12/14/10 0[SC11IP110N CUP 0141W$GS 010. CUP 1 14165-4 PER 0170 OUAKN16 REVISER PER WERT REOUES2 FINAL [v1M(81 469E 0010. (12/14/10) PREPME0 e~ A maximize Comm, Group, Inc. 1351 POYONA RO. SW10 100 CORONA CA 02602 0102C0 (009) 766-2120 FAX, (009) 092-3113 \ yam•..••..••...•..•... MC N0: TM -39 6TE NAME! AOOR[S5 BEGAA NEIMORK WE 39 911=1®ENR1RB069)16191w 810001* 04 92392 CfK[1 1171[ EI.EVAtIONS ORMN Bl, 34000(0 99. UP90.10 50 VC x NU 611n KNOX. fIVA6.3N: /M[`\2 8 TM -41 NEW CONCRETE STREET LIGHT POLE NORTHEAST SIDE REDHAWK PKWY 135' NORTH FROM CENTER LINE OF VAIL RANCH PKWY. TEMECULA, CA 92592 APPLICANT CROWN CASTLE CONTACTS d0merw..°tS11A1 w an d f9 2'14,X,.-11617 Coe., ATM. CM. JURISDICTION aDy.mra r loltw(t 4040-2401 Ma 717 WI 711-uh art MK ...CI RO(• (nal 71.!.21711 la Oda. C41:014 COXADIN O. MO 2»-9111 •Rt ,IIKdO WK.). ht)C. (.T) )44-101 ma( ttodaawav NSC AM 5405. IN .C• (01) AV -7= ENGINEERING FIRM/SURVEYING CODE COMPLIANCE: Mann t:5 7 1,Ma 7*1.n tau r1A7t mm -me -3113 COORDINATES 40..170. IOW -11,..X7 70157 7(. 1,-15 CAWACI Mala. (0.'N tn-D7M 1.551(0 * 00C .w.s( boa rK ntm Clard6 a M 113110.01 COCCI 15 AMMO 07 LOt4 25555. WM7MA 10e 101fM/OTIAQPn g6SMAx ) (7.500., W.A. 70401). 7M gattkr (Z2 PROJECT DESCRIPTION *11007xpW-0 0 C 0 r.1 fnml 4WL 7 MX! wan . MIND I0flo C.6'rvat rat Mak 0411/ 7)) 01: CO W. 10b1In Rrwa[n 71101 4077 rn> M'Whi t 17. 0. . SS I ASA',, 10 r .. ,) S FMCS . 11171.) . 0 if 172• r'1)f,A.557714 140 r) r.anA4 ..*7 oat ).1 M 1(1 4 At .µA1 DATA TABLE .aMb7 µC(7. MM[r ore )trill AMMO, �.7My*�0 �*�7 etaval/q� t� r1. 7521 IKievr Tt V. i8 1Pr( M7M (n O1 1144. xx.rta w Plailartt W tooµ KA. I0O.*W M 771.150 WO *11/1.0010 U.I. VA wax ler a u. Ow OM NF WA IOW 1771101. WA 71.l W.ie AMA W Wr (7.007 W.. mow7N, ...Id O47 P.7O W. CCO.00.0 °Anna... 71. n 00570T04 7044477 7'5011074 7170 4057! 7 0.04 .w IMI lh..,•1.210 4.172 .VI. a00 7 IAtW jfrina +i0 771..... 7 0(44.• t'.KN° . )1,1770,001.01X775 kWCONK SHEET INDEX .Q, DdO.10A T1 Pu liar, T2 a.tw .051 ..0 1C.(40( 13 «.co* 45((5. ao P1 715 '*40 Al 7a wr0 A2 arr.. A3 0.411797 t,�aylq 1 ,1 117 �t1}A� 5 1.51 ``HJ1D' 'rr SITE / VICINITY MAP (TM-41� C(,1 8011 57X411 W11 CCi 7110. it 10 SCA -007 f 4440. DATE DESCRPION 4/15/10 Pfr6.01 PER YAM BOLO 0('4074 A/2]/10 FM70 C.U.P. 1 6/10/10 7077008 PER CITY 00IW14.15 1'1/7/10 REVE5.04 PER CLEW REQUEST 19 17/14/1(4 0401. COMM 15SUr DA1r: J 701.5 PAV,Vga. DI •Maximize CoTIM. Group, Inc. 1751 PCM*NI FWD SUIE 100 CORONA CA 928577 O(TICE. (900) 788-2170 \FAM'('09) 992-711 ] _ J C4 '11. C}iO\NN CASILE 768 GREELO STREET BEATTEr. WA 98109 rum. t,D.,7cO4 0 7*47. 1 SITE N0: TM -41 Slat MAK b ADDRESS. IENECUTA NE1VORK V)O[ 41 wiltmar0-7al50m TEI[CUIA CA 92072 (T" onE 1111E 9E r DRAAM BY: 1)700(40 1:71' 'ROAD C 1C Il SC SU ( ll-iANtIZR: 805 T1 10� FAiO C 92 114441V44 14434* 04 M 14.1=411 ft .441.4 mtAIkt 04 1.11=4:04 ANL 1"441 I.C.3. 44:11. 04.0t 44.344Pct 10 nonci at out we. MAI 566(0 DIAMMI C0m4,4 Wu !0 t 04,...2I[04,...2124)I/ t) 41 IMO Vt.M3 11.11.44 123•1M.00.e3•1M.00. 1 1,M43 man leticoM4 int140-011-414 TM -41 e \1 L • ♦•-10' .- (0 TRAFFIC SOW. 1 / / / /r / / / ✓.c / / OMl Toll 0064 1-106421-2100 r._MON._4rwr•.,,a,wr... ., R <' 4 • (o w. AO3 4.3 30. 410(6 1Wp IOU -1/14.0Y 21102aI CAM .1451 wCll 006(4240 -: '1KCt 192111 POU ••tfi,� * • ENLARGED SITE PLAN (!7!) NORTH (TM -41 C Nt 0MCA 4001 Kd 490101 40. SCA -007 OMC 0/15/10 ESCM OTON 4/23/10 NLLL CUP. 1 6/13/10 O 0 00 PLA CM CON40R5 12/3/10 O LV6AIN P'ER CUM =MST 2/144/10 MALL 1734 09401A(0 17. rMexlmlze Comm Wo Group. Inc. 1331 00110444 0040 SME 100 00M06, CA 92062 Ot7KC: (009) 700-2170 FIX (900) 992-3115 �rm. fowl. 14.1 Cts 1: CARM0.0 STREET [98 441140. IM 90109 rr .04...o414Mm CROWN CASK 1 &1C 446: TM -41 WE NAME 0 ADDRESS: TEMECUTA KICK NM 41 worsomoutimrawat Nom 3211ECUU CA 02392 (Lein MIL 511EaPN Csi: 06. 044044[0 8212160 �A'! ?4 ' NORGE 4u15ra1rrr "sir MI �ORTH ELEVATION 2 ON ,✓ TM -41 EONCRElt 5,1557 1Aa OO KOXC1 NN BCA -007 OATS 1/15/10 6/73/19 4/13/10 12/3/10 12/14/19 0E1CRv110N 110615414 PU tevc a110 OPfON i11Y C.0 P. 1 RMRNN PER aTr COWIEKTs REV13600 POI Cu17tr REOu005 FINAL CVIRENt MLA OM• 12/14/10 PIM" PM►NQ0 dt: �•�1 Maximize Comm Group. Inc. 1351 P0110065 ROW SURE 199 001101A. G 92462 ORCC (909) 709-2170 FAR: (909) 992-2113 CtNt, VICROWN CASTLE 766 CZZTEE0 STREET SEAM 9M 06100 .om..c0•14 eon 5975 N5 TM -41 SITE WYE • ANNRCS TEULCUTA lit1WORK WOE 4) 91i1e1A EWEN= R911= TEYECUA 50 92592 CU rm0 EI EVA110145 Cimm or %Eo Or: 0 KW 50 RYE1 .NvA2 10 NORTH LV/ V CCIA°SYYNE CITY of TEMECULA w:..u:1.. TMN • CROWN CASTLE DAS MASTER PLAN crarW i v� LEGEND CABLE PLACEMENT (Appro. Foolago) IDYL MA RACIDeft WACt011 011193 NOM= 1R)101 TOIL MOMS MMm 40.000' 011000' 101 4 NODE LOCp.1IO J. RIVERSIDE COUNTY HL3 Ntr CITY OF'• TEMECULA Description of NewPath DAS Project NewPath Networks clo Crown Castle is a wireless infrastructure company that designs, develops and operates fiber -fed wireless distributed antenna systems (referred to herein as "DAS") to provide wireless telecommunication services. The proposed DAS network is a low profile system capable of delivering wireless telecommunications service to customers of multiple carriers such as AT&T, Verizon, Sprint, and MetroPCS. The proposed network initially will supply the infrastructure for NewPath's anchor tenant, MetroPCS. The network utilizes a series of small, low-power antennas called, "nodes," which receive an optical signal from a central hub and distribute the signal in the form of Radio Frequency (RF) transmissions. For this Project, the hub is outside the City's boundaries (as are three other nodes, one in the County of Riverside and two in the City of Murrieta). Within the City of Temecula, the proposed network consists only of the antenna nodes. Of the 39 nodes located in the City of Temecula right-of-way, 33 will be designed as new street lights and the remaining 6 will be attached to existing utility poles. Each node consists either of antenna arrays constructed within or on a slim -line monopole designed to match existing street lights throughout the City right-of-way, or antenna arrays fixed to existing utility poles owned by the Joint Pole Committee ("JPC"). Each facility generally features a 53.74 -inch Kathrein Tri -sector antenna within a flush -mounted housing (for new poles) or three Kathrein antennas mounted to existing JPC utility poles. Either configuration also will feature one or more Flex Wave Prisms or similar "fiber repeaters" mounted to either the new street light or the existing JPC utility pole. The fiber repeater converts digitalized spectrum received from the hub into RF signals emitted from the antenna array. Where the new node is proposed for an existing JPC pole, the facility also features a ground mounted meter pedestal. The Project involves the installation of both aerial fiber-optic cable on existing wood utility and newly installed street lights, and underground fiber-optic cable installed within newly installed and existing poly vinyl chloride (PVC) conduit in previously disturbed rights of way. The newly installed fiber-optic cable would connect 39 distributed antenna system nodes and ancillary optical conversion and power equipment also attached to the same utility poles within the City of Temecula publicly owned right -of way. Another three will be installed outside the City limits; two in the City of Murrieta and one in the County of Riverside. The entire network will be connected to a newly installed fiber-optic base station hub. Construction of the proposed DAS Project will consist specifically of the following: • Installation by NewPath of 33 new slim -line monopoles designed as street lights; • Installation of 39 DAS nodes each containing either: one (1) tri -sector pipe antenna, three (3) antennae insiode radomes, or between three (3) and six (6) panel antennas installed on the utility pole; • Installation of fiber-optic equipment (i.e. optical conversion equipment, signal regeneration equipment, switching equipment, etc...) mounted on existing wood and newly -installed street lights; • Installation of 4 -inch Poly Vinyl Chloride (PVC) conduit; • Aerial installation of fiber-optic cable onto existing or new wood and street lights; • Underground installation of fiber-optic cable into existing and newly installed conduit; • Underground connection of network to one (1) hub facility to be installed inside an existing public storage facility located at 43920 Butterfield Stage Rd.; • Installation of pull boxes and hand holes; and • Splicing of fiber-optic cable into facilities. The location of the proposed Project is illustrated on the attached Crown Castle DAS Master Plan, Attachment 3. Construction is expected to last approximately 120 days and will consist of two (2) aerial crews and two (2) underground crews working simultaneously to complete construction of the proposed Project. Item No. 10 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 9, 2011 SUBJECT: Approve the Sponsorship Request for the 2011 Komen Inland Empire Race for the Cure PREPARED BY: Christine Damko, Econmic Development Analyst RECOMMENDATION: That the City Council 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. BACKGROUND: The City Council Economic Development Committee (Mayor Ron Roberts and Mayor Pro Tem Chuck Washington) met on March 8, 2011 to review the Economic Development Sponsorship Applications for FY 2011-2012. It was recommended that the City of Temecula continue supporting and sponsoring the Inland Empire Affiliate of Susan G. Komen for the Cure. Support for this event was also approved by the full City Council. On May 10, 2011, the City Council approved a sponsorship agreement for the 2011 Komen Inland Empire Race for the Cure, however, the dates prepared in the Agreement were incorrect thus requiring this item be reconsidered and approved. The action taken on the agreement of May 10, 2011 will be terminated as this item now includes proper reference to the correct fiscal year and correct dates for sponsorship of the event. The 2011 Komen Inland Empire Race for the Cure is scheduled for October 16th and will maintain the same format as in previous years. The race will be held at the Promenade Mall in Temecula and will include a Coed timed run, a Coed 5k Run/Walk, a family One -Mile Fun Run/Walk, a Kids Only Run (10 years and younger), live entertainment, exhibits, Kids' Expo, Komen Expo, Sleep in for the Cure and Breast Cancer Survivor Tribute. Promotion for the 2011 Komen Race consists of newspaper, television/radio advertising, email blasts, sponsorship packets, entry forms and community outreach. National sponsors include Yoplait, American Airlines, ASK.com, Bank of America, Ford, New Balance, REMAX and SELF magazine. The Inland Empire Affiliate funds non -duplicative, community-based health education and breast cancer screening and treatment programs for the medically underserved in Riverside and San Bernardino Counties that include the Coachella Valley. In 2010, the Inland Empire Affiliate funded $515,922 to local community programs for the medically underserved in Riverside and San Bernardino counties. In addition, Komen Race for the Cure with other affiliate donations funded $203,000 to the Susan G. Komen Award and Research Grant Program, only second to the U.S. government. Since 1999, Inland Empire Affiliate has funded nearly $5 million in grants and $1 million in support for the Susan G. Komen for the Cure Award and Research Grants Program. Funding for this event is provided through the Economic Development budget within the City's General Fund. There will be no commissions, consultant fees and/or salaries paid to any party from the City of Temecula's sponsorships. FISCAL IMPACT: Adequate funds for the Komen Inland Empire Race for the Cure have been included in the FY2011-12 Community Support Budget (Council Discretionary fund) for the recommended sponsorship amount of $22,500 cash.The City support costs of $14,981 and costs for promotional services valued at $12,865 are included in the FY2011-12 Operating Budget of the various support departments. ATTACHMENTS: Attachment A — 2011 Komen Inland Empire Race for the Cure Agreement SPONSORSHIP AGREEMENT BETWEEN THE CITY OF TEMECULA AND KOMEN INLAND EMPIRE RACE FOR THE CURE THIS AGREEMENT is made and effective as of this 9th day of August , 2011, by and between the City of Temecula , a municipal corporation (hereinafter referred to as "City"), and Inland Empire Affiliate of Susan G. Komen for the Cure ("IESGKC"), a California nonprofit corporation (hereinafter referred to as the "Nonprofit"). In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: a. The Nonprofit shall operate the Komen Inland Empire Race for the Cure (hereinafter referred to as the "Event") on October 16, 2011. The Event is a special event which is located at The Promenade Mall in Temecula. The Event is expected to draw between 11,500 and 12,000 people for the event. b. The event includes a Coed timed run, a Coed 5k Run/Walk, a family One - Mile Fun Run/Walk, a Kids Only Run (10 years and younger), live entertainment, exhibits, Kids' Expo, Komen Expo, Sleep in for the Cure and Breast Cancer Survivor Tribute. c. Will Alcohol be served?: YES x NO d. The City desires to be a "Diamond Sponsor" of the Event. 2. TERM This Agreement shall commence on July 26, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than January 31, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. CONSIDERATION a. In exchange for providing the Nonprofit of fourteen thousand nine hundred eighty one dollars ($14,981) for city -support costs of Public Works, Fire, Police, Community Services, and Code Enforcement as listed in Exhibit B, and in-kind promotional services valued at an amount not to exceed twelve thousand eight hundred sixty five dollars ($12,865), listed in Exhibit C, the City of Temecula shall be designated as a "Diamond Sponsor" of the Event. As a Diamond Sponsor the City shall receive sponsor benefits as listed in Exhibit A. In the event that City support services exceeds $14,981 the sponsor may seek City authorization for payment above that amount. b. The City of Temecula shall also provide Community Support Funding in the amount of twenty-two thousand five hundred dollars ($22,500) cash which will be allocated to pay for breast exams, counseling and other services for under served Inland Empire citizens. 4. ALLOCATION OF FUNDS a. The Nonprofit Foundation shall use the City's Sponsorship Funding of City Support Costs in an amount not to exceed fourteen thousand nine hundred eighty one dollars ($14,981) listed in Exhibit B and in-kind promotional services valued at an amount not to exceed twelve thousand eight hundred sixty five dollars ($12,865) listed in exhibit C, to the Komen Inland Empire Race for the Cure. b. The City of Temecula shall also provide Community Support Funding in the amount of twenty-two thousand five hundred dollars ($22,500) cash which will help fund community grants to organization that offer education, support, treatment and diagnostic services for uninsured and underserved Inland Empire citizens. In 12 months following the Komen Inland Empire Race for the Cure, the IESGKC will provide a general summary report on how funds were expended and what clinics/health agencies received funding that a portion of the funds were used for underserved residents in Riverside and San Bernardino Counties, the Inland Empire Affiliate's service area. Upon request, City staff may audit the supporting documentation from the IEDSGKC. 5. WRITTEN REPORT Within ninety (90) days after the conclusion of the Event, the Nonprofit shall prepare and submit to the Assistant City Manager a written report evaluating the Event, its attendance, media coverage, and description of the materials in which the City has listed as a Presenting Sponsor. The report shall also include samples of media, press clippings, flyers, pamphlets, etc., in a presentation notebook format. In addition, complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event must be included in such a written report. 6. FINANCIAL REVIEW The Nonprofit shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the Event. This financial review of the Event should be completed and submitted to the City no later than January 31, 2012. The financial review shall provide a general summary report on how funds were expended and used to benefit Inland Empire residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Sponsorship Funding. The financial documentation is subject to an audit, as determined by City staff. The IESGKC shall provide a copy of the consolidated, audited financial statements of Susan G. Komen Race for the Cure of which IESGKC is a part. These consolidated financial statements will be audited by an independent certified public accountant and shall include the Komen Inland Empire Race for the Cure event. This audit shall be conducted on an every other year basis. The Komen Inland Empire Race for the Cure submitted an audit with the recapping of the 2010 event therefore an audit will be required with the recapping of the 2012 event. 7. PERMITS The Nonprofit shall file applications for a Special Event Permit with the City no later than thirty (30) days prior to the first day of the Event. The City retains its governmental jurisdiction to determine whether to issue the permits and the nature and scope of Conditions of Approval. The Nonprofit shall comply with all conditions of approval for the Special Event Permit, or any other City -issued permits. Failure to comply with the Conditions of Approval of such permits shall constitute a default of this Agreement and is grounds for termination of this Agreement. 8. MEETING ATTENDANCE The Nonprofit shall attend all City pre -event planning meetings and event recap meetings if warranted. 9. INDEMNIFICATION The Nonprofit shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the Nonprofit's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 10. INSURANCE The Nonprofit shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by October 16, 2011, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the NonProfit; products and completed operations of the Recipient; premises owned, occupied or used by the Nonprofit; or automobiles owned, leased, hired or borrowed by the Nonprofit. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Nonprofit's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Nonprofit's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) Each insurance policy required by this agreement shall be endorsed to state: should the policy be canceled before the expiration date the issuing insurer will endeavor to mail thirty (30) days prior written notice to the City. 6) If insurance coverage is canceled or, reduced in coverage or in limits the Nonprofit shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Nonprofit's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. GOVERNING LAW The City and the Nonprofit understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 12. LEGAL RESPONSIBILITIES The Nonprofit shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Nonprofit shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Nonprofit to comply with this section. 13. ASSIGNMENT The Nonprofit shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. 14. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice: Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Recipient: The Inland Empire Affiliate of Susan G. Komen for the Cure 43397 Business Park Drive, #D-9 Temecula, CA 92590 Attn: Sandra Finestone, Inland Empire Affiliate President 15. INDEPENDENT CONTRACTOR a. The Nonprofit shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of the Nonprofit shall at all times be under the Nonprofit's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Recipient or any of the Nonprofit's officers, employees, or agents except as set forth in this Agreement. The Nonprofit shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. The Nonprofit shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to the Nonprofit in connection with the performance of this Agreement. Except for the fees paid to the Nonprofit as provided in the Agreement, City shall not pay salaries, wages, or other compensation to the Nonprofit for performing services hereunder for City. City shall not be liable for compensation or indemnification to the Nonprofit for injury or sickness arising out of performing services hereunder. 16. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, concerning the terms of this Agreement. 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. The parties agree that the "Sponsorship Agreement Between the City of Temecula and Komen Inland Empire Race ror the Cure," dated as of May 10, 2011 is terminated by the mutual consent of the parties and is of no further force and effect. 17. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of the Nonprofit warrants and represents that he or she has the authority to execute this Agreement on behalf of the Nonprofit and has the authority to bind the Nonprofit to the performance of its obligations hereunder. The City Manager is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA The Inland Empire Affiliate of Susan G. Komen For the Cure (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Sandra Finestone, Inland Empire Affiliate President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Debbie Gilligan, Inland Empire Affiliate Co - Race Chair APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney NONPROFIT The Inland Empire Affiliate of Susan G. Komen for the Cure Sandra Firestone, Inland Empire Affiliate President 43397 Business Park Drive, #D-9 FSM Initials: sa' Date: c#5il` EXHIBIT "A" CITY OF TEMECULA'S SPONSORSHIP BENEFITS DIAMOND SPONSOR In exchange for providing in-kind city support services of Public Works, Fire and Police valued at an amount not to exceed Inland Empire Affiliate of Susan G. Komen for the Cure shall provide the following benefits and services for the citizens of the City of Temecula: • City of Temecula logo/name on printed material: i.e. 2,000 race posters, 50,000 race entry forms • City of Temecula logo on 12,000 race t -shirts • City of Temecula name on all radio promotion • City of Temecula name in all press releases • City of Temecula logo in race related online communication • Complimentary sponsor appreciation dinner tickets (10 tickets) • Commemorative sponsor award • 10 Komen Race Entries and t -shirts • City of Temecula logo in newspaper "Thank you" ad • Complimentary Team Tailgate booth The Community Support Funding of twenty-two thousand, five hundred dollars ($22,500) cash will help fund community grants to organization that offer education, support, treatment and diagnostic services for uninsured and underserved Inland Empire citizens. EXHIBIT "B" ESTIMATED VALUE OF CITY SUPPORT SERVICES AND COSTS Based on the input from City departments we received estimated cost projections for the 2011 Inland Empire Susan G. Komen Race for the Cure event. The following expenses can be anticipated for the event: Police: $9,000 Fire: $3,500 Public Works: $1,963 Additive Costs (Public Works) $518 TOTAL: $ 14,981 EXHIBIT "C" ESTIMATED VALUE OF IN-KIND PROMOTIONAL SERVICES PROVIDED BY THE CITY OF TEMECULA Item Value City Website $2,200 Race for the Cure event listing on the City of Temecula website City Cable Station Race for the Cure slide is part of a program. Slide appears approx. 1 time Per hour for 30 seconds. Run time: 9/1/11-10/16/11 $5,100 City E -letter E -letters are sent out each mont to approximately 2,500 people in the community. $450 Temecula Auto Mall Marquee Race for the Cure listing runs approx once every 4.5 minutes during its run time $3,115 Installation of street pole banners along Winchester and Rancho Cal Roads $2,000 TOTAL: $ 12,865 Item No. 11 Approvals City Attorney Director of Finance City ManagerOtoL "Ref— fie, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 9, 2011 SUBJECT: City of Temecula Co -Sponsorship Request: March of Dimes March for Babies Fundraiser Walk PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council authorize the City to become a Marketing Sponsor for the March for Babies Fundraiser Walk BACKGROUND: The City receives requests throughout the year for financial and/or marketing assistance from various organizations and event organizers that provide a variety of services and special events within the Temecula Valley. It is the City's policy to channel all requests through an annual review, thereby ensuring that all requests are evaluated equitably and consistently and to effectively manage resources and staff time. All applications are reviewed and approved by the City Council Economic Development Committee at a publicly noticed meeting and further approved by the full City Council. There are some co-sponsorship requests that arise outside of this application process. These requests are non -fiscal and are requesting City of Temecula marketing assistance only. It is recommended by the Economic Development Committee that in order to keep all requests equitable, that a Committee meeting be held to evaluate these requests. On July 19, 2011 the Economic Development Subcommittee consisting of Mayor Ron Roberts and Mayor Pro Tem Chuck Washington reviewed and approved the March of Dimes request for City marketing sponsorship. Rita Rogers representing the March of Dimes is requesting the City of Temecula be a Marketing Sponsor in the upcoming March for Babies Fundraiser Walk on October 1, 2011 located at Temecula Valley High School. Mayor Pro -Tem Chuck Washington and Council Member Mike Naggar have agreed to be Grand Marshalls for this second year event. There will be no fiscal impact to the City as Ms. Rogers is requesting marketing assistance only with the event. The March of Dimes California Chapter uses 78 cents of every dollar raised to support research and programs that help mothers have full-term pregnancies. Funds are also used to bring comfort and information to families whose babies were born too soon or sick. With the help of the March of Dimes funding, reserachers were able to identify a gene responsoible for oral cleft and are working on preventions. New treatments to cure vision defects are also being worked on and newborn screenings have also been enhanced. FISCAL IMPACT: No Fiscal Impact. ATTACHMENTS: March for Babies Informational flyer where your money goes The March of Dimes California Chapter uses 78 cents of every dollar you raise in March for Babies Relay to support research and programs that help moms have full-term pregnancies and babies begin healthy lives. And your funds are used to bring comfort and information to families whose babies were born too soon or sick. Here are just some of the ways you've already helped: smile: We've identrGed -tent respon;lbk 101 oral cleft and are working on prevention.. spine: fo rduc.,ro„ heart: means fewer a #- New treatments babies are'.{ J mean better L- n will: 3{ survival rates for now .3 tube "? 'r$ the tiniest heart defects. ' patients. brain: We're -lighting premature birth — baby's brain needs 9 months to daily develop. eyes: Nc're deur lvvir-i Le: tractile r,:ur. lungs: surfactant and Hot mode therapies save the lives of Many premature babies. heel: Newborn screening..-.. a drop of blood from baby's heel could save her life. marchof dimes';. march for babies relay, team up at marchforbabiesreloy.org Temecula Temecula Valley High School October 1, 2011 Perris Foss Field October 22, 2011 For more information call 951.341.0903 or 888.4.BABIES munity A raising tart. vent curs, families nds laugh, cry Ik together, great cause: hs for every id every baby. and join your then, take day. March Starlight s will be lit in /, those born longer with us. dimes as helps moms pregnancies abies. And Toes wrong, nation and aroblems that renting them. limes® ?s relay - • team up March for Babies Relay is a team event, so invite your family and friends to join you. Sign up at least 8 to 15 walkers — more if you can. Together you'll raise more money and share a meaningful experience. raise money Serious fundraisers go online. Visit our Web site to find everything you need to raise money quickly and have fun doing it. 'E-mail can take the fear out of asking. You'll be surprised how many people respond. Using their credit card for a secure donation gives your supporters a safe, convenient way to sponsor you. We'll make sure they receive a thank you note and receipt. thank you Raise $100 or more by the event date to receive your incentive. • $100-$200 March for Babies Relay T-shirt • $250-$499 $25 Macy's gift card* • $500-$999 $50 Macy's gift card* • $1,000-$2,499 $100 Macy's gift card* • $2,500-$4,999 $200 Macy's gift card* • $5,000 and more $350 Macy's gift card* *Prizes include a March for Babies Relay 1" -shirt and are awarded based on individual fundraising not including sales of items. March of Dimes reserves the right to substitute prizes of equal or greater value. Prizes are not cumulative. All donations must be turned in by your event day to qualify for prizes. contact us Register online at marchforbabiesrelay.org. For questions and information, e-mail us at CA608@marchofdimes.com or call 951.341.0903 or 888.4.BABIES. speed the development of Sara's lungs. The goal was to delay the birth for at least 24 hours. Five hours later Sara was born by emergency C-sec- tion. Sara had Amniotic Band Syndrome that caused `. her to be tangled in her umbilical cord and not get enough oxygen. The bands damaged her fingers and toes. She weighed just under two pounds at birth. At 48 hours old Sara was taken off the ventilator and put on a breathing tube. Surfactant therapy developed from March of Dimes funded research gave Sara's lungs the help they needed; without it, she likely would not have survived. After 99 days in the neonatal intensive care unit (NICU) with a lot of ups and downs, Sara came home. Soon she no longer needed the heart monitor. Her eating and breathing episodes slowly got better. At 22 months, she had the first of several reconstructive surgeries on her left hand. Today Sara is a happy 4 year old. She has no last ing effects of being born premature and her birth defect is only a small obstacle: She speaks amaz- ingly well and has an unbelievable memory. She's a loving little girl who enjoys singing, dancing and being the center of attention.` Your support of March for Babies Relay allows March of Dimes to fund vital research, education, and outreach programs that benefit all babies in California. To learn more or to sign up, visit marchforbabiesrelay.org. Sara Cowan On April 15, 2006, 26 weeks into a normal pregnancy, baby Sara stopped moving. Doc- tors gave her mother a steroid injection to Item No. 12 Approvals City Attorney Director of Finance City ManagerOtoL "Ref— fie, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 9, 2011 SUBJECT: City of Temecula Co -Sponsorship Request: California Mounted Officer's Association Trail Trials Equine Event PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council authorize the City of Temecula Police Department to become a Marketing Sponsor for the California Mounted Officer's Association (CMOA) Trail Trials Equine Event at Galway Downs. BACKGROUND: The City receives requests throughout the year for financial and/or marketing assistance from various organizations and event organizers that provide a variety of services and special events within the Temecula Valley. It is the City's policy to channel all requests through an annual review, thereby ensuring that all requests are evaluated equitably and consistently and to effectively manage resources and staff time. All applications are reviewed and approved by the City Council Economic Development Committee at a publicly noticed meeting and further approved by the full City Council. There are some co-sponsorship requests that arise outside of this application process. These requests are non -fiscal and are requesting City of Temecula marketing assistance only. It is recommended by the Economic Development Committee that in order to keep all requests equitable, that a Committee meeting be held to evaluate these requests. On July 19, 2011 the Economic Development Subcommittee consisting of Mayor Ron Roberts and Mayor Pro Tem Chuck Washington reviewed and approved the CMOA Trail Trials Equine Event marketing sponsorship. On September 16th -18th 2011, the CMOA will be hosting the Trails Trials event at Galway Downs. The CMOA is requesting the Temecula Police Department co -host the event. The proposed commitment is name only with no financial contribution or other resources. The CMOA would also like a Police Department representative to make opening comments. There will be no police officers assigned to the event and no impact to Temecula public safety personnel. FISCAL IMPACT: No Fiscal Impact. Item No. 13 Approvals City Attorney Director of Finance City Manager CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: August 09, 2011 SUBJECT: Approval of the Temecula Valley Convention & Visitors Bureau FY2011-12 Marketing Agreement PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council: 1. Approve that certain agreement entitled "Marketing Agreement Between the City of Temecula and Temecula Valley Convention & Visitors Bureau" for publication and distribution of the Temecula Valley Tourism Rack Brochure/Map; 2. Authorize the funding for the Agreement in the amount of $40,000 to the Temecula Valley Convention & Visitors Bureau (TVCVB) for publication and distribution of the Temecula Valley Tourism Rack Brochure/Map. BACKGROUND: Temecula is an attractive tourism destination offering a host of appealing events, activities and attractions. In order to entice visitors from Los Angeles, San Diego and Orange Counties to include Temecula in their day trip or vacation plans, the tourism rack brochure/map was created. Rack brochures are one of the most widely used sources of information for trip planning. They are used by a broad cross-section of travelers, even those who access the internet via WiFi. They are also very effective not just for information, but to change travel plans and result in new reservations. The Economic Development Committee consisting of Mayor Ron Roberts and Mayor Pro -Tem Chuck Washington met to discuss the Economic Development Sponsorship Funding requests on March 8, 2011. The Committee recommended approval of $40,000 for the Temecula Valley Tourism Rack Brochure/Map and its distribution. The City Council approved this funding in the FY2011/12 Operating Budget. The publication and distribution of the Temecula Valley Tourism Rack Brochure/Map is currently designed for a very specific drive market; primarily for the leisure traveler who already has their vacation plans scheduled, but might be looking for day trip activities to add to their itinerary. This brochure/map is not designed to generate overnight stays for this immediate traveler, but may plant the seed for future overnight stays. The day-tripper (known as the leisure traveler who dines, shops, plays golf, etc.) still plays a vital and important role for Temecula's economy. The beautifully designed rack brochure provides information on Old Town, Wine Country, Pechanga, local hotels and accommodations, recreation, shopping, city facilities, activities and events. In addition, these publications help drive business to the Temecula Valley Convention & Visitor's Bureau, Temecula Valley Winegrowers Association and City of Temecula websites. The tourism rack brochure/map serves many purposes. The principle use has been in the rack distribution service primarily in hotel lobbies and airports in the surrounding areas including Los Angeles, San Diego, Orange County, and Palm Springs. The rack distribution service coverage also includes some corporate settings in areas as Arizona, San Diego and Orange County. The tourism rack brochure/map is distributed by the Temecula Valley Convention & Visitors Bureau, Temecula Valley Chamber of Commerce, City of Temecula and is distributed at trade shows. It is also included in the City's business kit. The TVCVB plans to produce 200,000 rack brochures/maps. The Temecula Valley Tourism Rack Brochure/Map has proven to be an effective marketing piece for the leisure traveler, who is already coming to our surrounding regions, and it continues to produce a sound return on investment. FISCAL IMPACT: Adequate funds for the Temecula Valley Convention & Visitors Bureau Tourism Rack Brochure/Map have been included in the FY2011-12 Operating Budget for the recommended amount of $40,000. ATTACHMENTS: A. FY2011-12 City!TVCVB Agreement B. Example of Rack Brochure MARKETING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CONVENTION & VISITORS BUREAU This Agreement is made and effective as of this 9th day of August, 2011, by and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY CONVENTION & VISITORS BUREAU ("TVCVB"), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A. The City is desirous of promoting its advantages as a business, industrial, tourist and resident center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City) and its possibilities as such to residential, industrial, tourist and business interests. B. The TVCVB has special knowledge, experience and facilities for disseminating tourist information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its tourism advantages. C. Such tourism activities are recognized by law as being in the public interest and serving public purpose. 2. TERM. This Agreement shall commence on July 1, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. SERVICES. TVCVB shall perform the services described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. TVCVB shall complete the services according to the schedule of performance which is also set forth in Exhibit A. 4. PERFORMANCE. TVCVB shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all services described herein. TVCVB shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of TVCVB hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The City agrees to pay TVCVB in two equal payments, in accordance with the payment rate and term and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spend on the services. Any terms in Exhibit B other than the payment rate and schedule of payment are null and void. This amount shall not exceed Forty Thousand Dollars and No Cents ($40,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. TVCVB shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. TVCVB shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and TVCVB at the time City's written authorization is given to TVCVB for the performance of said services. c. TVCVB will submit two separate invoices for actual services performed. Payment shall be made within thirty (30) days of receipt of the invoice. 6. 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 TVCVB 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 TVCVB the actual services performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the TVCVB will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. a. The TVCVB's failure to comply with the provisions of this Agreement shall constitute a default. In the event that TVCVB is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating TVCVB for any service performed after the date of default and can terminate this Agreement immediately by written notice to the TVCVB. If such failure by the TVCVB to make progress in the performance of service hereunder arises out of causes beyond the TVCVB's control, and without fault or negligence of the TVCVB, it shall not be considered a default. b. If the City Manager or his delegate determines that the TVCVB is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the TVCVB with written notice of the default. The TVCVB 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 TVCVB 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. 8. OWNERSHIP OF DOCUMENTS. a. TVCVB shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. TVCVB 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. TVCVB shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the TVCVB. With respect to computer files containing data generated for the work, TVCVB shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The TVCVB shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the TVCVB's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 10. INSURANCE The TVCVB shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by August 1, 2011 its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the TVCVB; products and completed operations of the Recipient; premises owned, occupied or used by the TVCVB; or automobiles owned, leased, hired or borrowed by the TVCVB. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the TVCVB's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The TVCVB'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 TVCVB shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft 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 TVCVB's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. TVCVB 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 TVCVB shall at all times be under TVCVB's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of TVCVB or any of TVCVB's officers, employees, or agents except as set forth in this Agreement. TVCVB 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. TVCVB 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 TVCVB in connection with the performance of this Agreement. Except for the fees paid to TVCVB as provided in the Agreement, City shall not pay salaries, wages, or other compensation to TVCVB for performing services hereunder for City. City shall not be liable for compensation or indemnification to TVCVB for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The TVCVB shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The TVCVB shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the TVCVB to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by TVCVB in performance of this Agreement shall be considered confidential and shall not be released by TVCVB without City's prior written authorization. TVCVB, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided TVCVB gives City notice of such court order or subpoena. b. TVCVB shall promptly notify City should TVCVB, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent TVCVB and/or be present at any deposition, hearing or similar proceeding. TVCVB agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by TVCVB. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (Hi) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 41000 Main Street Temecula, California 92589 Attention: Grant Yates, Deputy City Manager Temecula Valley Convention & Visitors Bureau 28690 Mercedes St. #A Temecula, CA 92589 (951) 491-6085 Attention: Kimberly Adams, President/CEO The TVCVB 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, TVCVB's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the TVCVB. 15. LICENSES. At all times during the term of this Agreement, TVCVB shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW. The City and TVCVB understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST. No officer or employee of the City 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 TVCVB, or TVCVB's sub -contractors for the work to be performed under this Agreement, during his or her tenure. The TVCVB hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this Agreement or its approval has any interest, whether contractual, non -contractual, financial or otherwise, in this Agreement, the proceeds thereof, the TVCVB, or TVCVB's sub -contractors for the work to be performed under this Agreement. TVCVB further agrees to notify the City in the event that any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of TVCVB warrants and represents that he or she has the authority to execute this Agreement on behalf of the TVCVB and has the authority to bind TVCVB to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney TEMECULA VALLEY CONVENTION & VISITORS BUREAU 28690 Mercedes St. #A Temecula, CA 92590 (951) 491-6085 By: John Kelliher Chairman of the Board By: Name: Kimberly Adams Title: President/CEO By: Name: Melody Brunsting Title: Secretary By: Name: Bill Wilson Title: Treasurer EXHIBIT "A" SERVICES TO BE PROVIDED Temecula Valley Convention & Visitors Bureau (TVCVB) shall undertake, during the 2011-12 fiscal year, to carry on marketing/advertising promotional activities for the Leisure Travel Market on behalf of City and to particularly render the following services: 1. Produce 200,000 tourism rack brochures/maps. The TVCVB shall supply City with rack brochures to include in City's business attraction efforts at no cost to City. 2. Distribute the tourism rack brochure/map through certified rack service in Los Angeles, San Diego, Orange County and Palm Springs and include Corporate markets for Phoenix, AZ, San Diego and Orange County. 3. The President & CEO of the TVCVB shall provide to the Deputy City Manager a copy of the activities monthly report submitted to the TVCVB Board of Directors. Said report is requested by the second Wednesday of each month. 4. This agreement for the $40,000 of economic development funding does not require the TVCVB to provide a financial audit as this requirement is satisfied through their annual financial audit they provide to the City per the current Management Agreement (relating to the BID). TEMECULA VALLEY CONVENTION & VISITORS' BUREAU COMPILED FINANCIAL STATEMENTS For the Ten Month Period Ending December 31, 2010 To The Board of Directors Temecula Valley Convention & Visitors' Bureau 'Temecula, California ACCOUNTANT'S COMPILATION REPORT We have compiled the accompanying statement of financial position of the Temecula Valley Convention & Visitors' Bureau as of December 31, 2010, and the Mated statements of activities and cash flows for the ten month period then ended. We have not audited or reviewed the accompanying financial statements and, accordingly, do not express an opinion or provide any assurance about whether the financial statements are in accordance with accounting principles generally accepted in the United States of America. Management is responsible for the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. Our responsibility is to conduct the compilation in accordance with Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants. The objective of a compilation is to assist management in presenting financial information in the form of financial statements without undertaking to obtain or provide any assurance that there are no material modifications that should be made to the financial statements. The supplementary information consists of a comparison of the annual budgeted amounts to the actual amounts and also the 2009/10 unspent carry forward balances of the grants for the ten month period then ended. We have compiled the supplementary information from information that is the representation of management of the Temecula Valley Convention & Visitors' Bureau without audit or review. Accordingly, we do not express an opinion of any other form of assurance on the supplementary information. We are not independent with respect to he Temecula Valley Convention and Visitors' Bureau. Nigro & Nigro, PC January 12, 2011 1 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU STATEMENT OF FINANCIAL POSITION December 31, 2010 ASSETS Cash $ 264,647 Accounts Receivable 154,703 Advanced Wages 1,183 Inventory 4,311 Property and Equipment Furniture & Fixtures 7,881 Equipment 4,183 Less Accumulated Depreciation (7,824) TOTAL ASSETS $ 429,084 LIABILITIES AND NET ASSETS LIABILITIES Deferred Revenue $ 18,890 Retirement flan Payable 1,485 Payroll Taxes Payable 1,533 TOTAL LIABILITIES 21,908 NET ASSETS Unrestricted 91,636 Temporarily Restricted 315,541 TOTAL NET ASSETS 407,176 TOTAL LIABILITIES AND NET ASSETS See accompanying accountants' report. 2 $ 429,084 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU STATEMENT OF ACTIVITIES For the Ten Month Period Ending December 31, 2010 Unrest tiff_ Temporarily Restricted 'Dotal REVENUES, GAINS, AND OTHER SUPPORT TID Funding $ - $ 876,315 $ 876,315 City Marketing 65,878 65,878 Contribution 75,000 - 75,000 Program Service Revenues Membership Dues 9,600 - 9,600 Website Advertising 3,499 - 3,499 Merchandise Sales 924 - 924 Misc Income 121 Promotional Participation 240 240 Interest Income 365 - 365 Net Assets Released From Restrictions: Grant Restrictions Satisfied 693,301 (693,301) TOTAL REVENUES, GAINS, AND OTI-IEP. SUPPORT 783,051 248,892 1,031,942 EXPENSES Cost of Merchandise Sold 3,055 - 3,055 Program Services Advertising -Printed Marketing 308,538 - 308,538 Marketing Personnel Costs 133,342 - 133,342 Trade Show Participation 42,003 - 42,003 Advertising -Website 20,463 - 20,463 PAM 'fours / Site Visits 17,607 - 17,607 Travel & Entertainment 8,963 - 8,963 Adverbs ing-Media 5,394 5,394 Lodging 5,507 5,507 Dues & Subscription 4,295 - 4,295 Promotional items 4,756 - 4,756 Operational Personnel Costs 130,285 - 130,285 Rent 40,898 - 40,898 Professional Fees 36,038 - 36,038 Insurance 7,611 - 7,611 Office Supplies 7,665 - 7,665 Printing 4,575 - 4,575 Credit Card Processing 2,900 - 2,900 Telephone 1,511 - 1,511 Miscellaneous 283 - 283 TOTAL EXPENSES 785,689 - 785,689 CHANGE IN NET ASSETS (2,638) 248,892 246,253 NET ASSETS, FEBRUARY 28, 2010 94,274 66,649 160,923 NET ASSETS, DECEMBER 31, 2010 8 91,636 $ 315,541 $ 407,176 See accompanying accountants' report. 3 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU STATEMENT OF CASH FLOWS For the Ten Month Period Ending December 31, 2010 CASH FLOWS FROM OPERATING ACTIVITIES Increase in Net Assets Adjustments to reconcile change in net assets to net cash provided by operating activities: $ 246,253 (Increase) decrease in operating assets: Inventory 1,541 Accounts Receivable (75,476) Publication Receivable 895 Increase (decrease) in operating Iiabilitles: Accounts Payable - Vendors (4,350) Advanced Wages (1,153) IRA Payable (1,123) Payroll Taxes Payable 755 Accounts Payable- Credit Cards (13,897) Deferred Revenue (25,878) NET CASH PROVIDED BY OPERATING ACTIVITIES 127,567 NET INCREASE IN CASH 127,567 BEGINNING CASH FEBRUARY 28, 2010 137,080 ENDING CASH DECEMBER 31, 2010. $ 264,647 Sec accompanying accountants' report. 4 Supplementary Information TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU GENERAL FUND For the Ten Month Period Ending December 31, 2010 Income Advertising - Website Promotional Participation Funding Investnent Revenue Membership Dues Miscellaneous Sales -Publications Merchandise Sales Total Income Expense * Cost of Goods Sold Actual Thru 12/31/2010 $ Annual Budget $ Over/(Under) Budget 3,499 $ 24,000 $ (20,501) 240 - 240 75,000 100,000 (25,000) 364 - 364 9,600 6,000 3,600 121 - 121 16,410 (16,410) 925 12,000 (11,075) 89,749 158,410 (68,661) 3,055 - 3,055 Advertising- Printed Marketing 1,163 56,803 (55,640) Bank Fees / Credit Card Processing 1,647 2,580 (933) FAM Tours / Site Visits 350 - 350 Insurance 4,616 6,720 (2,104) Personnel Costs -Operational 69,892 76,740 (6,848) Printing 91 - 91 Professional Fees 2,240 6,552 (4,312) Promotional Items 1,236 - 1,236 Rent 6,455 6,455 Miscellaneous 282 - 282 Telecommunications 1,361 2,560 (1,199) Total Expense Net Income 92,388 158,410 (66,022) (2,639) $ $ (2,639) * Cost of Goods Sold: Budget Includes all purchases (purchases sold and purchases in inventory) The inventory remaining at 12131/10 is $ 4,311. See accompanying accountants' report. 5 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU TID FUND For the Ten Month Period Ending December 31, 2010 Income Funding Publication Sales Actual Thru 12/31/10 Annual Budget $ Over/(Under) Budget 876,315 $ Total Income 876,315 Expense Advertising / Marketing Operational Total Expense Net Income 426,609 134,165 1,018,780 $ (142,465) 1,118,780 (142,465) 691,720 (265,111) 327,060 (192,895) 560,774 1,018,780 (458,006) 315,541 $ $ 315,541 See accompanying accountants' report. 6 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU CITY MARKETING FUND For the Ten Month Period Ending December 31, 2010 Income City Funding Total Income Expense Advertising / Marketing Total Expense Net Income Actual Thru 12131/10 $ Annual Budget $ Over/(Under) Budget 21,110 $ 40,000 $ 21,110 40,000 (18,890) (18,890) 21,110 40,000 (18,890) 21,110 40,000 (18,890) (0) $ $ (0) Deferred Revenue From 2010111 Applied to Expenses Occurring in March to December 2010 Total Amount of Expense Related to 2010/11 Year Was $21,110. See accompanying accountants' report. 7 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU TOURISM IMPROVEMENT DISTRICT (TID) 2009/2010 EXPENSES, BUDGET AND CARRYOVER FUNDS Income TID Funding Total Income Expense Advertising / Marketing Operational Total Expense TID Original Budget Revised Per Actual Revenue TID TID TID TID Actual Expenses Carryover Balance Actual Expenses Remaining 2009/10 Mar '09 - Feb '10 At Feb 28, 2010 March - Dec 2010 Carryover Balance 488,775 $ 488,775 488,775 488,775 349,474 262,760 86,714 55,633 31,081 139,301 159,366 (20,065) 11,016 (31,081) $ 488,775 $ 422,126 $ 66,649 $ 66,649 $ 0 See accompanying accountants' report. 8 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU CITY MARKETING 2009/2010 EXPENSES, BUDGET AND DEFERRED REVENUE Income City Funding Total Income Expense Advertising / Marketing Total Expense City Marketing Original Budget Revised Per Actual Revenue City Marketing City Marketing City Marketing City Marketing Actual Expenses Deferred Revenue Actual Expenses Remaining 2009/10 Deferred Revenue Mar '09 - Feb '10 At Feb 28, 2010 178,639 $ - $ 178,639 178,639 133,872 S March - Nov 2010 Carryover Balance 44,767 44,767 178,639 S 133,872 S 44,767 S 44,767 Deferred Revenue From 2009/10 Applied to Expenses Occurring in March to November 2010 Total Amount of Expense Related to 2009/10 Year Was $44,767. See accompanying accountants' report. 9 TEMECULA VALLEY CONVENTION AND VISITORS' BUREAU CITY MARKETING 2010/2011 EXPENSES, BUDGET AND DEFERRED REVENUE City Marketing Original Budget City Marketing City Marketing Actual Expenses Remaining 2010/11 Deferred Revenue Mar 2010 - Dec 2010 Carryover Balance Income City Funding $ 40,000 $ Total Income 40,000 Expense Advertising / Marketing 40,000 21,110 18,890 Total Expense $ 40,000 $ 21,110 $ 18,890 The City provided the $40,000 funding for the 2010/11 year in September 2010. $21,110 total expenditures were made as of December 31, 2010 in relation to this funding. $18,890 of the funds are catagorized as Deferred Revenue. See accompanying accountants' report. 10 SOUTHERN CALIFORNIA WINE COUNTRY SOUTHERN CALIFORNIA WINE COUNTRY IRMATION Temecula Valley Convention and Visitors Bureau 888-363-2852 temeculacvb.com Temecula Valley Winegrowers Association 800 -801 -WINE temeculawines.org CITY OF TEMECULA 888 Temecula cityoftemecula.org From San Diego Take I-15 north: 1 hour From Orange County Take Hwy. 91 east to -15 south;1 hour From Los Angeles Take Hwy. 60 or I-10 to 1-15 south: 1 hour, 20 min. Wine Country Pechanga Resort & Casino Golf Arts & Culture Historic Old Town Hot Air Ballooning Dining Spas Shopping One -Day Escape Float among the vineyards in a hot air balloon Shop and stroll Historic Old Town's boutiques, theaters and museums Lunch at a local hang-out in Old Town Visit a few of the many award-winning wineries Dine at one of Pechanga Resort & Casino's fine or casual -dining restaurants, followed by a game of chance or a concert Two -Day Escape Day One Play a round of golf with breakfast at the "turn" at one of our championship courses Shop and stroll historic Old Town's boutiques, theaters and museums Lunch at a local hang-out in Old Town Step back in time at the Temecula Valley Museum Catch a matinee performance at the Old Town Temecula Community Theater Dine at one of Pechanga Resort & Casino's fine or casual -dining restaurants, followed by a game of chance or a concert Day Two Float among the vineyards in a hot air balloon Visit some of the many award-winning wineries Enjoy lunch in wine country among the vineyards Shop at the newly expar,ded Promenade Temecula Dine al fresco in the vineyards as you watch the sun set over our Southern California sky Three - Day One Float among the vineyards in a hot air balloon Shop and stroll Historic theaters and museums Lunch at a local hang-out in Old Town Step back in time at the Temecula Valley Museum Catch a matinee performance at the Old Town Temecula Community Theater Savor a gourmet dinner and listen o- ive music at one of many dining/nightlife venues in Old Town Day Two Enjoy breakfast at one of our wine country resorts Visit a few of the many award-winning wineries Lunch in wine country among the vineyards. Spend the afternoon enjoying behind -the -scenes winery tours and barrel tastingsr Dine al fresco in the vineyards as sun set over o r So ther .Califo Day Three Play a round of golf with breakfast at the "turn at one of our championship courses Indulge in a spa treatment and lunch at one of our full-service spas Shop at the newly expanded Promenade Temecula Dine at one of Pechanga Resort & Casino's fine or casual -dining restaurants, followed by a game of chance or a concert f lt�r• cunnv nna :: Over 30 wineries from the small boutique to the full-service resort :: Hundreds of award-winning premium wines :: Hot air ballooning with panoramic vineyard views :. Wine tasting and tours :: Rolling hills covered with vineyards :: Unique microclimate :: Expansive views :: Culinary dining :: Boutique shopping :: Historical buildings :: Temecula Valley Museum :: Imagination Workshop Children's Museum :: Old Town Temecula Community Theater Art galleries •.: Casual and upscale dining :: Antique and boutique shopping :: Weekly certified farmers market :: Year-round entertainment and special events :: Largest casino in the entire western U.S. :: 3,400 slots, 130 table games and 54 -table poker room :: 14 delicious dining options including a 24-hour food court :: Greatly expanded Spa Pechanga featuring an opulent couple's massage room :: Exciting nightlife, club lounges and headliner entertainment :: Journey at Pechanga Golf Course—the 4th best new course you can play by GOLF Magazine :: Journey's End, a one -of -a -kind dining experience with breathtaking views of the Temecula Valley SCLITNERN WINE COUNTRY Activities & events No matter the season, there is always something to do in Temecula Valley Southern California Wine Country. From signature and featured, to local and ongoing, the wide variety of events offers you many ways to Play, Relax, Taste and Explore Among the Vineyards. Winter Holiday Lights Festival Old Town Winterfest World of Wine Spring Temecula Rod Run Bluegrass Festival Temecula Wine & Music Festival Western Days Summer Temecula Valley Balloon & Wine Festival Old Town Hot Summer Nights 4th of July Celebration Street Painting Festival Pechanga Pow Wow Temecula Valley Intl Jazz Festival Fall Temecula Valley Inti Film & Music Festival Temecula Rod Run Harvest Celebration Temecula Quilt Show Susan G. Komen Race for the Cure' ____.....x..., -..i "e---••• E uj Dftw 544OPP1N6 SSV <• "—T hotels & accommodations eeeeeeee000000©oo Pechanga Resort & Casino Best Western Country Inn Embassy Suites Hotel Extended Stay America Fairfield Inn & Suites by Marriott Hampton Inn & Suites Holiday Inn Express La Quinta Inn & Suites Motel 6 Palomar inn Hotel Quality Inn Wine Country Ramada Inn Rancho California Inn Rodeway inn South Coast Winery Resort & Spo Springhill Suites by Marriott Temecula Creek Inn (8.77) 711-2946 (951) 676-7378 (951) 676-5656 (951) 587.8881 (951) 587.9800 (951) 506-2331 (9^-u1) 699.2444 (951) 296-1003 (951) 676-7t99 (951) 676-6503 (951) 296.3788 (951) 676.8770 (951) 676-5700 (951) 676.4833 (951) 587-W INE (951) 699-4477 (951) 694-1000 historic old town Visitors Center Farmer's Market Temecula Valley Museum Imagination Workshop Childress Museum Old Town Temecula Community Theater golf Boar Creek Cross Creek Journey at Pechango Redhawk SCGA Temecula Creek Temeku Hills outdoor recreation Lake Skinner Santa Rosa Plateau Vail Lake shopping Promenade Temecula (888) 363.2852 Saturdays (951) 694-6450 (951) 308-6370 (866) 653.8696 (951) 677.8621 (951) 5063402 (866) 99t-7277 (800) 451-4295 (951) 677.7446 (951) 694-1000 (80o) 839-9949 (800) 234.7275 (951) 677-6951 (866) 824.5525 (951) 296-0975 wine country Alex's Red Barn Winery Baily Vineyard & Winery Bella Vista Winery Briar Rose Winery (appt. only) Callaway Vineyard & Winery Cougar Vineyard & Winery Doffo Winery Falkner Winery Filsinger Vineyard & Winery Foote Print Winery Frangipani Estate Winery Gershon °aches Vintners (appt. only) Hart Winery Inn at Churon Winery Keyways Vineyard & Winery La Cereza Vineyard & Winery Leonesso Cellars Longshadow Ranch Vineyard & Winery 0) (951) 693-3201 (951) 676.9463 (951) 676-5250 (951) 308.1098 (800) 472.2377 (951) 491.0825 (951) 676-6989 (951) 676.8231 (951) 302.6363 (951) 676-4630 (951) 699.8845 (877) 458-8428 (951) 676.6300 (951) 694-9070 (951) 302.7888 (951) 699-6961 (951) 302-7601 (951) 587-6221 Lumie re Winery (appt. only) Masia de Veber Vineyard & Winery Maurice Carrie Winery Mira monte Winery/Celebration Cellars Mount Palomar Winery Oak Mountain Winery Palumbo Family Vineyard & Winery Poste Family Estate Robert Renzoni Vineyards South Coast Winery Resort & Spa Stuart Cellars Winery Temecula Hills Winery & Vineyard Tesoro Winery Thornton Winery Wiens Family Cellars Wilson Creek Winery & Vineyards (951) 972-0585 (951) 303-3860 (951) 6761711 (951) 506-5500 (951) 676-5047 (951) 699-9102 (951) 676.7900 (951)694-8855 (951)302-8466 (566) 894-6379 (951) 676.6414 (951) 767.3450 (951) 3080000., (951) 6040099 (951) 694-9892 (951) 699.9463 www.temeculacvb.com Temecula Valley Convention & Visitors Bureau 2011- 2012 City Marketing Tourism July 1, 2011 -June 30, 2012 Tourism Rack Brochure/Rack Service -City MAP $40,000 Total Tourism $40,000 For the 2011-2012 Budget Period the Temecula Valley Convention & Visitors Bureau will maintain the programs developed by the City of Temecula. Tourism Rack Brochures/Rack Service -Contract with Certified Folder 1. Reprint tourism rack brochures for Temecula. 2. Rack service distribution through San Diego and Orange Counties, Palm Springs, San Diego Corporate and Phoenix and Arizona Corporate. Position Temecula with the Temecula Valley Winegrowers Association rack brochure in designated areas. 3. Hand out at Trade Shows and in Temecula Valley CVB Press Kits. Expense $40,000 IQ CI CO LC -51 T118 olio o int 12 Li o - o to o_ o 01 EETI m alkl w1 1'1F.11 I1 1.0 o 8 It c m u - v u 818 b 08j08 Bol -04 tfl I En NAM to 91. T T. 18 818 A A CP CD 10 CO A 818 a 81 CO 0 0 z 0 0 sesuedx3 lsioy COCO CD CO N CO 0 0 rc 0 N A N Co0 m a 0 ti O ro 0 m 0 0 mIF 'w a 3 m a `m yLk 0 0 0 = m 3 3 g m A y^ gy m m' D y x c wa a m o ° a a 10 N 0 N 3 < ° awoou1 !my A AC 0 10 CO a 0) A O a 0 W 0 O 0, a 0) J (0 „,„4„,..„„„„„ , „, hi 4„,44,„.„ b -A/ b Fi A A A COCO ND )CO0) A 0 O CO0) O + 0 Na N J ACD N0 Om CO [o O OO N 0 a 0 0) A CA 0 W 00 N 00 0 W 0O a 0 a J N J C CO A c m 0 CO 0) N 0 m a ID DI m 0 m 0 A C N 0 A -a _A _ N ms m m )o o w o w o m m J O PC p 0) w a A m A A 0 0 0 ti 0 N o a N 0) 0 CO 0 0 0 J peeing sioilstA S uopu OWOOUI lON co w co OW 00111 leZoy ▪ coo w CO CD 01 N o m O i A 01N01 y v N N sgaM - 6UISIy2APY/ 1, oo „, , o 0 o w o I; 0 0 0 0 CO .„ 0 CO0 0 • 0 0 w a 1 O 0 0CQ CA W 0 0 I, 0 0 0 CO 0 0 I- C3 O 01 N cc ▪ 0 CO CD Crr CO 0 0 0 0 0 on 0 0 0 w co;0 O 0 • 0 0 0) • 0 to 0 CO 0 0 0 0 CO 0 0 R co ▪ co O O O W O -' cc • a CO CO 0 0 0 W 0 N T co ro O • O O -4 0 N O N O • 0 0 • 0 0 0 T 0 N 0 r r Proposed-Pending approval of continued City Partnership ewadul tery asuedx3 1e101 0 O uopediapped mays epeJj s;isip a7!s/anal Wdd aw00u1 'cloy O O 0 o O O i O o O O 0 Item No. 14 Approvals City Attorney Director of Finance City ManagerOtoL "Ref— fie, CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: August 09, 2011 SUBJECT: Approve FY2011-12 Economic Development Operating Agreement with the Temecula Valley Chamber of Commerce PREPARED BY: Christine Damko, Economic Development Analyst RECOMMENDATION: That the City Council approve the operating agreement and authorize the Mayor to execute the agreement with the Temecula Valley Chamber of Commerce in the amount of $136,260. BACKGROUND: The City of Temecula and Temecula Valley Chamber of Commerce have held a successful partnership for over 20 years which has helped to create a stable economy and enhance the city's exceptional quality of life. The Economic Development Committee of the City Council (Mayor Pro Tem Roberts and Mayor Pro Tem Washington) and staff met to discuss the Economic Development funding requests on March 8, 2011. The Committee recommended approval in the amount of $136,260 to the Temecula Valley Chamber of Commerce. The City Council approved this funding in the FY2011/12 Operating Budget. For over 45 years, the Chamber has represented business in the Temecula Valley in a positive manner. The Chamber continues to encourage growth of existing member industries and businesses, to assist legitimate firms seeking to relocate to Temecula and to provide them with exceptional customer service. The Chamber strives to coordinate aggressive programs and activities to stimulate economic development of the area's substantial resources. The Chamber strives to coordinate useful programs and activites to stimulate economic development of the area's substantial resources. The Chamber represents and promotes the area's economy and encourages business and industrial growth of existing member industries and businesses, to assist legitimate firms seeking to relocate to Temecula and to provide them with exceptional customer service. With the combined efforts of the Chamber of Commerce, industry and professional services in maintaining and strengthening a sound and healthy business enviornemnt in the Temecula. FISCAL IMPACT: Appropriate funding for the Temecula Valley Chamber of Commerce is available in the FY2011-12 Economic Development Operating Budget. ATTACHMENTS: A. City/Chamber Operating Agreement OPERATING AGREEMENT BETWEEN THE CITY OF TEMECULA AND TEMECULA VALLEY CHAMBER OF COMMERCE This Agreement is made and effective as of this 9th day of August, 2011, by and between the CITY OF TEMECULA ("City"), and TEMECULA VALLEY CHAMBER OF COMMERCE ("CHAMBER"), a California nonprofit corporation. In consideration of the mutual covenants, conditions and undertakings set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and purposes which each of the parties acknowledge and agree are true and correct: A The City is desirous of promoting its advantages as a business, industrial, tourist and resident center; disseminating information relative thereto, and of properly following up and giving consideration to inquiries made relative to the various activities of City of Temecula ("City) and its possibilities as such to residential, industrial, tourist and business interests. B. The CHAMBER has special knowledge, experience and facilities for disseminating information; and is organized for and equipped to carry on promotional activities on behalf of City; and to publicize and exploit its advantages. C. Such activities are recognized by law as being in the public interest and serving public purpose. 2. TERM. This Agreement shall commence on July 1, 2011, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2012, unless sooner terminated pursuant to the provisions of this Agreement. 3. SERVICES. CHAMBER shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. CHAMBER shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 4. PERFORMANCE. CHAMBER shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. CHAMBER shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CHAMBER hereunder in meeting its obligations under this Agreement. 5. PAYMENT. a. The City agrees to pay quarterly, in accordance with the payment rate and term and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spend on the services. Any terms in Exhibit B other than the payment rate and schedule of payment are null and void. This amount shall not exceed One Hundred Thirty -Six Thousand, Two Hundred Sixty Dollars and No Cents R \ECONOMIC DEVELOPMI N 1 vSPONSORSI IIPS\Sponsorships2012-13VChambcr\2011-2012"rl MLC II.A CHAMBER OPERATING AGRI'FMENT.doc ($136,260) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. b. CHAMBER shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. CHAMBER shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CHAMBER at the time City's written authorization is given to CHAMBER for the performance of said services. c. CHAMBER will submit invoices quarterly for actual services performed. Payment shall be made within thirty (30) days of receipt of the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to CHAMBER the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the CHAMBER will submit an invoice to the City pursuant to Section 5. 7. DEFAULT OF CONSULTANT. a. The CHAMBER'S failure to comply with the provisions of this Agreement shall constitute a default. In the event that CHAMBER is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating CHAMBER for any work performed after the date of default and can terminate this Agreement immediately by written notice to the CHAMBER. If such failure by the CHAMBER to make progress in the performance of work hereunder arises out of causes beyond the CHAMBER's control, and without fault or negligence of the CHAMBER, it shall not be considered a default. b. If the City Manager or his delegate determines that the CHAMBER is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the CHAMBER with written notice of the default. The CHAMBER 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 CHAMBER 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. 8. OWNERSHIP OF DOCUMENTS. a. CHAMBER shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City C:ADocuments and Settings \roberto.cardenasVLocal Settings \Temporary Internet rites VContent Outlook\QN915BM5\2011-2012 TEMECULA CHAMBER OPERATING AGREEMENT.doc that relate to the performance of services under this Agreement. CHAMBER 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. CHAMBER shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the CHAMBER. With respect to computer files containing data generated for the work, CHAMBER shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION The CHAMBER shall indemnify, protect, defend and hold harmless the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its elected officials, officers, employees, volunteers, and representatives from any and all suits, claims, demands, losses, defense costs or expenses, actions, liability or damages of whatsoever kind and nature which the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, agents and employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of the CHAMBER's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement. 10. INSURANCE The CHAMBER shall secure and maintain from a State of California admitted insurance company, pay for and maintain in full force and effect for the duration of this Agreement an insurance policy of comprehensive general liability against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by August 1, 2011 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:ADocuments and Settings\roherto.cardenasVLocal SettingsVremporary Internet Files VContent.Outlook\QN9ISBM5\2011-2012 TEMECULA CHAMBER OPERATING AGREEMENT.doc 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Recipient owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Recipient has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: Two million ($2,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease. c. Deductibles and Self -Insured Retentions. Any deductibles or self- insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the CHAMBER; products and completed operations of the Recipient; premises owned, occupied or used by the CHAMBER; or automobiles owned, leased, hired or borrowed by the CHAMBER. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the CHAMBER's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self- insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. Cd1Jocuments and Settings\roberto.cardenas\Local Settings\Temporary Internet Files \Content.Outlook\QN915BM5\2011-2012 TEMECULA CHAMBER OPERATING AGREEMENT -doe 4) The CHAMBER'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 CHAMBER shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Nonproft 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 CHAMBER's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 11. INDEPENDENT CONTRACTOR. a. CHAMBER 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 CHAMBER shall at all times be under CHAMBER's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of CHAMBER or any of CHAMBER's officers, employees, or agents except as set forth in this Agreement. CHAMBER 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. CHAMBER 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 CHAMBER in connection with the performance of this Agreement. Except for the fees paid to CHAMBER as provided in the Agreement, City shall not pay salaries, wages, or other compensation to CHAMBER for performing services hereunder for City. City shall not be liable for compensation or indemnification to CHAMBER for injury or sickness arising out of performing services hereunder. 12. LEGAL RESPONSIBILITIES. The CHAMBER shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The CHAMBER shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the CHAMBER to comply with this section. C:ADocuments and Settings\roberto.cardcnas\Local Settings\Temporary Internet Files VContent.Outlook\QNBI5BM5\20I 1-2012 TEMECULA CHAMBER OPERATING AGREEMENT.doc 13. RELEASE OF INFORMATION. a. All information gained by CHAMBER in performance of this Agreement shall be considered confidential and shall not be released by CHAMBER without City's prior written authorization. CHAMBER, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided CHAMBER gives City notice of such court order or subpoena. b. CHAMBER shall promptly notify City should CHAMBER, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent CHAMBER and/or be present at any deposition, hearing or similar proceeding. CHAMBER agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by CHAMBER. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. To City via U.S. Mail: To City via Courier Service: To Consultant: City of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 41000 Main Street Temecula, California 92590 Attention: Aaron Adams, Asst.City Manager Temecula Valley Chamber of Commerce 26790 Ynez Court, Suite A Temecula, CA 92591 Attention: Alice Sullivan, IOM, President/CEO 15. ASSIGNMENT. The CHAMBER shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written C*Documents and Settings \roberto.eardenasVLocal Settings\Temporary Internet Files VContentOutlook\QN915BM5\2011-2012 TEMECULA CHAMBER OPERATING AGREEMENT.doc consent of the City. Upon termination of this Agreement, CHAMBER's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the CHAMBER. 16. LICENSES. At all times during the term of this Agreement, CHAMBER shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The City and CHAMBER understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non -contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. AH 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 CHAMBER warrants and represents that he or she has the authority to execute this Agreement on behalf of the CHAMBER and has the authority to bind CHAMBER to the performance of its obligations hereunder. C:\Documents and Settings\roberto-cardenas\Local Settings \Temporary Internet Files \ContenlOutlook\QN915BM5\2011-2012 TEMECULA CHAMBER OPERATING AGREEMENT.doc IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Ron Roberts, Mayor ATTEST: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: Peter M. Thorson, City Attorney TEMECULA VALLEY CHAMBER OF COMMERCE 26790 Ynez Court, Suite A Temecula, CA 92591 (951) 676-5090 By: Name: Isaac Lizarraga Title: Chairman of the Board By: Name: Alice Sullivan, IOM Title: President/CEO By: Name: Janet Scott Title: Secretary By: Name: Jerry Konchar Title: Treasurer C:ADocuments and Settings \roberto.cardenas\Local Settings \Temporary Internet Files VContentOutlook\QN9I5BM5\2011-2012 TEMECULA CHAMBER OPERATING AGREEMENT.doc EXHIBIT "A" SERVICES TO BE PROVIDED Temecula Valley Chamber of Commerce shall undertake, during the 2011-12 fiscal year, to carry on promotional activities on behalf of the City of Temecula and to particularly render the following services: 1. To maintain suitable quarters and employ competent professional personnel to carry on the promotional activities herein stated. 2. To promptly answer correspondence relative to the local business, industrial, and residential advantages and opportunities in the City of Temecula, and to disseminate information by correspondence, newspaper public Agency and personal contacts favorably advertising such advantages and opportunities. 3. Respond to legislative issues through the Chamber's Southwest California Legislative Council. Track legislation through the Legislative Advocacy Policy. 4. Offer meeting space to SCORE representatives to offer counseling services to newly starting and expanding businesses, Offer meeting space for counseling from the Small Business Development Department. Offer meeting space to local non-profit organizations such as Safe Alternatives For Everyone (SAFE), Dorland Mountain Arts Colony, The Arts Council and Rotary. Temecula. 5. Develop and execute marketing seminars. 6. To assist potential businesses in opening, expanding and relocating to 7. To promote and invite trade and business meetings and celebrations whereby outside interests and individuals may become acquainted with the advantages and opportunities in Temecula. 8. To support the City in all ways possible in the furtherance of the activities of the City of Temecula. 9. To maintain a public office within the business area of City, easily accessible and fully equipped for the purpose of disseminating information and answering correspondence and inquiries regarding the City. Said office shall be open to the public not Tess than eight hours a day, except Saturdays, Sundays, and holidays. Chamber shall employ a full time President/CEO, a portion of whose duties shall be to promote the welfare and activities of the City of Temecula; its industries, business activities and opportunities, residential advantages; and other matters of general public interest. 10. Retention Committee for community businesses to sustain and nurture existing businesses in Temecula. 11. Produce and update relocation packets for new residents. CADocuments and Settings \roberto.cardenasVLocal SettingsVTemporary Internet Files VContent.Outlook\QN915BM5V2011-2012 TEML'CULA CHAMBER OPERATING AGREEMENT.doc 12. Provide demographic information to interested individuals. 13. Organize events to promote goodwill in the City such as the Legislative Summit (1) Table for 10, Business Expo (1) Expo Table, Candidates Forum, State of the City Event (30 seats), Annual Awards Gala (20 seats), Chamber Golf Tournament (5 entries) and Economic Forecast Conference (10 seats). 14. Maintain and update Chamber web site. 15. Update and reprint City Maps. The Chamber shall supply City with a minimum of 2,000 City Maps for distribution at no cost to City. 16. Provide networking activities to assist women and minority business owners. 17. The President/CEO of the CHAMBER shall provide to the City Manager and Assistant City Manager a copy of the activities monthly report submitted to the CHAMBER Board of Directors. Said report shall be prepared in a format acceptable to the City and is requested by the second Wednesday of each month. 18. CHAMBER shall provide complete financial statements including a balance sheet, income statement and budget to actual comparison report of the CHAMBER. This financial audit of the CHAMBER should be completed and submitted to the City no later than February 28, 2012. The financial audit shall provide a general summary report on how funds were expended and used to benefit Temecula residents and shall include documentation, including but not limited to, copies of invoices, receipts and cancelled checks to support the Operations Funding. C:ADocuments and Settings\roberto.cardenasVLocal Settings\Temporary Internet Files VContent.Outlook\QN91513M5\2011-2012 TEMECULA CHAMBER OPERATING AGREEMENT_doe EXHIBIT "B" PAYMENT RATE AND SCHEDULE That in consideration of the promotional activities and seryices performed by the CHAMBER for the City of Temecula, as set forth in Exhibit "A" hereof, City hereby agrees to pay CHAMBER, during the term of this Agreement, the sum of One Hundred Thirty -Six Thousand, Two Hundred Sixty Dollars and No Cents ($136,260) for the fiscal year 2011-12. The sum of $136,260 for the fiscal year 2011-12, is payable upon receipt of invoice quarterly beginning on execution of the Agreement. C:ADocuments and Settings \roberto.cardenasVLocal Settings\Temporary Internet Files VContentOutlook\QN915BM5\2011-2012 TEMECULA CIIAMBER OPERATING AOREEMENT.doc Temecula V&ter ('i1alnhar of Cotnruorco Statement of Financial Po 20 ASSETS Current Assets Checking Pacific tNesiern 2172715 Money market- Pacific, ; western 2541251 Money marked California Bank a `nut Money market - Commerce Bank Economic Uncertainly Fund - Pacific Western Checeing 128057 Economic Uncertainly Fund - Pacific Western Cert_ of Depose. Economic Uncertainty Fund - Mission Oaks Sark Fogy Cash 5 51,71,6,1a 456.71 2.790 23 103,839 25 o-670 )1 9,.652A4 47.0417 47 400 00 Basis Total cash and cash e4uivaients S 343.607.29 Accouns recervas-le Special projects Other receivables 15,815.50 5,899 18 Total accounts receivab.e 22.584.68 prepaid expenses Special 911550ts Other piebalds 4.375 04 E 69925 Total prepaid expenses 11,077 29 Total Current Assets 377,369.26 Property and Equipment, net of accumulated depreciation and amortization (as 91 Oclober 1, 2010) Total Assets Current Liabilities Accounts s cspab s and accrued senates Credit cards payable Funds received In advance 01 special event LIABILITIES AND NET ASSETS 5 27,445.60 1,562.08 55,32500 1.415,411 00 1.392.780.26 Total Current hiab titles $ 84.33356 Long -Term Liabilities Note payable- First California Bank TOO lion -horn Lac ties Tote) Lia dies Net Assets - Unrestricted Designated Beginning ba antse Doss gnat Funcs transferred ;n tlfsiCrnated net assets Undesignated Beginning balance Net income (loos) (Dirac or e-crvom. rs moria 714.655.45 456.304.00 (24,941.93) 71458 799,013,01 157.400 i2 andesgnzted net assets 431,862.07 Pm145 designated by Board of Directors 4,498.26 Net Annals - Unrestricted 593,751.25 -__ Total Liabilities and Net Assets 1_392.780.26_ Page 1 of 7 Temecula Valley Chamber or Commerce Committee Events and Projects For this month and the eight -months ended May 31, 2011 Current Month Year to Date Actual Actual Actual Budgeted Actual Actual Budgeted Revenues Expenses Net Net Variance Revenues Expenses Actual Net Net Variance Membership :Mixers 735 $ - $ 735 $ 750 $ (15) $ 4,621 5 499 5 4,122 $ 4,350 $ (228) 5 Minute Networking - - - - - Ambassador Breakfast 851 113 735 410 328 2,834 365 2,448 2,460 (12) Networking luncheon - - - Chairman's Circle - - 3,380 59 3,321 2,950 371 Women in Business - - - - Membership Appreciation - - - - 1,381 (1,381) (1,050) (331) Planning Con ferertCC Sponsor - - - - Power Networking Workshop - - - 60 42 18 20 (2) Valley Young Prolessional events 235 124 111 325 (214) 3,158 1,365 1,792 2,400 (608) Valley Young Professional members 50 50 250 (200) 2,900 161 2,739 1350 1,889 Affinity Program 149 149 2,000 (1,851) 4,616 - 4,616 6,630 (2,014) Business Press - 78 - 78 76 SBDC - - - 5,165 (5,155) (2,500) (2,665) Shop Temecula First - - - - - (500) 500 Other - - 250 1,368 (1,118) 250 (1,368) Subtotal 2,020 236 1,784 3,735 (1,951) 21,896 10,426 11,470 15,860 (4,390) Education Student of die Month 382 (382) Submit] I 382 (382) (382) 580 (580) (200) (380) (382) 580 (580) (200) (380) Communications Newsletter 2,100 2,923 (623) 1,500 (2,323) 12,583 12,554 28 6,200 (6,172) Lobby Spotlight - - - 150 (150) 450 450 1,290 (750) 3rd category - 50 (50) 200 - 200 400 (200) Logo I' paragraph ad 150 150 150 888 - 888 1,200 (313) Shop Temecula Firs1 - - - - - - (500) 500 Business Success Forum - - - 40 - 40 40 Map contract - - 36.000 (36,000) 845 845 36,000 (35,155) 2,250 2,923 (673) 37,850 (38,523) 15,005 12,554 2,451 44,500 (42,049) Page 3 el 7 For this Current Month Actual Budget Variance S 250 5 1,250 5 (1,000) 2,688 1,020 1,668 570 650 (80) 1,024 1,300 500 520 1,469 1,350 208 180 6 1,350 7 1,665 110 250 3,598 350 50 50 450 31,500 3,000 145 259 3,637 350 81 400 30,285 2,561 1,019 1,000 (276) (20) 119 28 (14) (126) 35 9 39 31 (50) (50) (1,215) (439) 19 Accounting / payroll oll Ad sales - commissions A.iann maintenance Association fees Auto expense / main E3ad debt capcuse Bank / credit card fees Business / Employer Kits Insurance - director &efface Insurance - auto Insurance - general liability Insurance -. health & dental Insurance - equipment breakdown Insurance - group life Insurance - workers comp Interest expense Janitorial services Lease commission Marketing Meals and entertainment Mileage reimbursed Payroll - cs:mttni ssions Payroll - salaries & wages Payroll - cngdoyer taxes Pension plan Phones / fax Post + e Postage cg Professional SCI 31, )011 Year to date 2011 Budget Actual $ 8,282 4,083 558 825 4,987 670 4,994 1,813 Page 5of7 Budget Variance 4,232 11,261 1,398 2,175 544 7,568 12,044 499 3,080 29,257 3,150 1,787 58 1,183 2,033 253,434 22,776 8,162 3,092 1,473 288 85 5 9,050 $ 12,720 530 1.245 5,450 7,800 1,500 4,160 10,800 1,430 1,500 2,200 1,100 7,803 12,726 470 .900 29.260 2,900 750 100 4,350 255,000 25,175 8,00=0 3,500 2,025 900 (768) (8,637) 28 (421) (463) 670 (2.806) 313 72 461 (32) (1,500) (25) (557) (232) (682) 29 1,180 (3) 250 1,787 58 433 (100) (2,317) (1,566) (2,399) 162 (408) (552) (612) 85 Remaining 12 Months Balance _ S 1,768 5 3,090 502 836 3,063 (670) 6,7013 (313) $ 10,050 15,080 1.060 1,660 8,050 11,700 1,500 6,240 16.200 2.250 1,500 2,200 2,200 9,150 19,386 720 2,650 43,932 4,300 950 100 5,950 351,000 37,175 12,000 5,100 2,700 1,100 2,008 4,939 852 1,500 25 1,657 1,582 7,342 221 (430) 14,375 1,150 (1,787) (58) (233) 100 3,917 127,566 14,399 3,038 2,008 1,2227 812 (85) ICC Current Assets Checking - Pacific Western 2172715 Money market - Pacific `Western 2541281 Money market - California Bank & Trust Money market - San Diego National Bank Economle Uncertainty Fund - Pacific Western Checking 128057 Economic Uncertainty Fund -Pacific Western Ced. of Deposit Economic Uncertainty Fund - Mission Oaks Bank Petty Cash Total cash and cash equivalents Accounts receivable Prepaid expenses Total Current Assets Mal icy Clamber of Commerce nt of Financial Position - 11oditied Cush Basis ASSETS (Audited) (*) 30 -Sep -10 Change 5171618 S 26.620.52 $ 25,005.66 8456,71 65,464,64 (60,007,93) 21,794.23 21,794.23 103,839.25 102,872.96 966.29 13.670.01 20.'150.79 (6,480.78) 96,682,44 94 967.49 1,714,95 47,048.47 45,780.90 267.57 400.00 400.00 - 5 343,607.29 $ 382,051 53 £ (38,444.24) 22,684,68 23,67400 (989.32) 11(77.29 12.470.00 (1.392,71) 377,369,26 Property and Equipment. net of accumulated depreciation and amortization 1,015,411 00 Total Assets Current Liabilities Accounts payable & accrued tta90itle-v Credit cards payable Funds received in advance of specie. e'ent 418,195.53 (40,826,27) 579,00 6,832.00 $ 1,392,780.28 $ 1,426,77453 3 (33,994.2'7) LIABILITIES AND NET ASSETS 27,44560 $ 38,8%786 $ (11,432.26) 1,562 98 1,550.44 12.52 55.325.00 39 455,00 15.870.00 Total Current Liabilities 54,333 56 Long -Term Liabilities Note payable - First California Bank 714.685.45 Total Long -Term Liabilities T olal Liabilities Net Assets - Unrestricted Designated Designated by Board of 0200(0 Funds transferred in (out) Designated net assets Undesignated Beginning balance Net income (loss) 1 o 79,883.30 4,450.26 728,188.27 (13,502.82) 714,685.45 728,18827 (13.502.62) 799.019,01 808,07157 (9,052.56) 181, 599,18 147.002.96 (4,498,266) 14,896.22 14,896.22 (19,394.48) 157,400.92 181,899.18 (4,496.26) 456,804.00 493,248.00 (36,444.00) (24,941.93) (21.54800), (3,393.93) Undesignated net assets 431,862,07 471,700.00 (39,837.93) Funds designated by Board of Directors 4498.26 (14,895 22) 19.394,4$ Net Assets -Unrestricted 593,761.25 618,702.96 (24,941.71) Total Liabilities and Net Asses 5 1,392.780 26 $ 1,426,774.53 $ (33,994,27) (1) Reclassified to conform with 2010 presenla Page 1 of 1 ACPRO CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) 2/23/2011 PRODUCER (949)472-6560 FAX: (949)588-834 California Southwestern Insurance License Number 0443354 21 Orchard Lake Forest CA 92630 INSURED Temecula Valley Chamber of Commerce 26790 Ynez Court Temecula CA 92591 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # NSURER A. Philadelphia Insurance NSURER B SURER 0 IVSI RGR_D: NPA'REP 0: COVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. INSRIADD'L LTR NSR D OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OFINSURANCE POLICY POLICY EFFECTIVE DATE {MMIDDIYYYY) POLICY EXPIRATION DATE (MMIDDIYYYY) LIMITS A and Redevelopment AgencyIMPOSE GENERAL LIABILITY COMMERCVO. GENERAL LIABILITY PHPK664528 .1/21/2011 1/21/2012 EACH OCCURRENCE 6iUYAt TU RENTED PPEMISLS (Ea oc(Aaence) $ 1,000,000 X $ 100_, 000 CLAIMS MADE X OCCUR MED EYP On one person) $ 5,000 $ 1,000,000 $ 2,000,000 PERSONAL & ADV INJURY GENERAL AG0R0GATE CE1 L AGGREGATE LIMIT APE', SPLR. X� POLICYI .1 QCT I._...._1 LOC PRODUCTS - COMP/OP AGG $ 2,000,000 AUTOMOBILE LIABILITY ANY AUTO ALL 0IMIED AUTOS CO IC AUTOS HIRED AUTOS NON-0WNEDAUTOS COMBINED SINGLE LIMIT {Ea accident) BODILY INJURY {Per person) B9pll.Y INJURY (Por ec dent) $ $ PROPERTY DAMAGE (Per acddent) GARAGE LIABILITY ANY AUTO AUTO ONLY -EA ACCIDENT $ $ OTHER THAN EA ACC AUTO ONLY AGG $ EXCESS I UMBRELLA LIABILITY OCCUR [ CLAIMS MASE EACH OCCURRENCE AGGREGATE $ $ DEDUCTIBLE RETENTION $ $ $ WORKERS AND EMPLOYERS' ANY PROPRIETORPARTNERif:XLC OFFICER/MEMBER (Mandatory II yes, describe SPECIAL COMPENSATION LIABILITY V/N VvC STATU- OH- UNV LIMITS ER E.L. EACH ACCIDENT $ TIVE EXCLUDED? E L DISEASE- EA EMPLOYEE $ In NH) ander PROVISIONS below E.L. DISEASE- POLICY LIMIT $ OTHER DESCRIPTION OF OPERATIONS 1 LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Certificate holder is named as additional insured with respect to general liability. *Except: l0 day notice of cancellation for non payment of premium ‘,,L.,, ` ..r. V `V — SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION kathi.syers@cityo£temecula DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL City of Temecula OR and Redevelopment AgencyIMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS 43200 Business Park Drive REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Temecula, CA 92590 ;: J McCloskey CIC, CISR C3P.a�a 7}t�_•-�y... ACORD 25 (2009/01) INS0251000901).01 ©1988-2009 ACORD CORPORATION. All r reserved. The ACORD name and logo are registered marks of ACORD MMR -193-2011 10:34 From: To:19516940201 F'aee: 3%3 Commercial Certificate of Insurance,,,,.,.,,,, /i`"_ FARMERS Craig Davis -....... Agency . Name • 28900 Old Twns Prot SI #104 [slue Dare (MM/DDfYY) k • Temceulu, CA 92590-2856 04/08/2011 Addrem • 951-699.1776 This certificate in issued as a matter of information only and confers no tights upon the certificate holder. This certificate does nor amend, extend or alter die coverage afforded by the policies shown below. St. 99 Dist. 87 Agent 393 Companies Providing Coverage: [nsn red Company A Truck Insurance Exchange tato Name • TEMI3CUL.A VALLEY CHAMBER Company S Farmers insurance Exchange Lauer & 4 26790 YNEZ CT # A Company C Mid -Century insurance Company Address • TEMECULA, CA 92591 Leen D Cvmpnp Lour Coverages This is to certify that the policies of insurance listed below have been issued w the inured named above for the policy period indicated. Notwithstanding any requirement, arm or condition of any contract or other document with respect rn which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms. exclusions and conditions of suds policies. Limit: shown may have been reduced by paid claims. t_aLu. Type of PolicyPolicy Number Effective Dar,(AM/DDtn) Policy Expiration Dare thavim(YY) Policy Limirs General Liability Commercial General Liability - Occurrence Version Contractual- Incidental 4,)tenet s M Conrractnrs Prot. General Aggregate PraductsCwnp /OPS Aggrcg re Personal & Advertising Injury Each OCCurrefCc P're DamageOnly (Any one fire) Medical kxpensc Any one person) $ b $ $ $ $ X K X Automobile Liability All Owned Cunrmercial Autos .Scheduled Autos Hired Autos Non -Owned Autos Gmg Liability 602379922 05/06/2011 05/06/2012 Combined Single ['""'t Bodily Injury (Per patron) Bodily Injury (Pec accident) Propetry Damage Garage Aggregate $ 1,000,000 $ $ 1,000,000 $ Umbrella Liability Limit $ Workers' Compensation and Employers' Liability Statutory Each Accident Disease - Each Employee Disease -Policy Limit $ $ Dcsctip ion 0F Orcradons/Vehicles/Restrictions/Spoeisd items= Vrhicle s): 2004 FORD FREESTAR 2FMZA50964BA56038 Endorsement - (IF APPLICAI3L.E, WILL BE DELIVERED WITH POLICY). Certificate Halder C$li atPtilf— --- — —�� • C7TY OF EMECULA AND Should any of she above described policies be cancelled before the expiration dare Name • REDEVELOPMENT AGENCY thereof, the issuing company will endeavor ro mail 30 days written novice ro rhc &- r PO BOX 9033 certificate ho r named to the left, but failure m mail such notice shall impose no Address TEMECULA, CA 92590 ob11 - n o Ility of any kind upon the company, its agents or representatives. Authonacd Rcpr.,' robot 4-94 Copy Distribution: Service Center Copy andAgra 's Copy MPR -t39-2611 10:34 From: To:19516926201 Page:2'3 1L1eHOr FARMERS* Commercial Certificate of Insurance �'1.;`R Agency , Crftig Davis Name • 28900 Old Twn Frnt St #104 Issue Dore (MM/DD/re) & • Temecula, CA 92590-2856 04/08/2011 Adrh cgs - 951.699-1776 This cenifiarc is issued as a matter of inforr anon only and confers no right upon the crnificare holder. This ccrri1cate docs nor amend, extend or diet the 393 coverage afforded h dpolicies shown below. Sr. 9 h �Yic 9Dist. 87 _Agent Companies Providing Coverage: Insured Company A 'Truck Insurance ExChangc • Lna. Nanse • TEMECULA VALLEY CHAMBER Company B Farmers Insurance Exchange rarer :St. • 26790 YNL'Z (1l' It A Company C Mid -Century insurance Company Address • TEMECULA, CA 92591 Lao, Crompanr 0 Leto Coverages This is to certify that clic policies of insurance listed below have been issued to the insured vernal above for the policy period indicated. Norwithscanding any requirement, Tenn or condition of any contract or other document with respect ro which this certificate may be issued or may pertain. the insurance afforded by the policies described herein it :dicer to all the rents, exclusions and conditions °Feuch polieir . Limits shown may have been reduced by paid claims, litLimits Dr. Type of Insurance Polis Number Y Policy Effective Date (MM/DD/YY) Polity Ea plosion Dale (MM/DD(YY) General Aggregate Products -Co OPS Ay regale Personal & Advertising Injury Each Occurrence Eke Damage (Any one. bet) Medical Expense (Any one pcuon/ $ $ .$ $ $ General Liability CommerCinl General Liability - Occurrence Version Contracoial, Incidental Only Owners & Gentractors Pror. Combined Singlc Bodily Injury (l'cr prison) Bodily Injury (Per xudmi Property Damage Gnagr Aggrrgare. ............ $ 1,000,000 $ 1,000,000 _.. --.- .... . 05/06/2012 k4 X )C Automobile liability All Owned Commercial1"1folt Autos .Scheduled Autos Hired Autos Non -Owned Autos Garage Liability 602379922 05/06/2011 Umbrella Liability Limit Workers' Compensation and Employees' Liability Statutory Each Accident Disease - Enh Employer Disease -Policy Limit Descrip ion of Operario.s/Vclricics/Restrittions/Special items: Vehicle s)• 2004 FORD FREESTAR 2FMZA50964BA5603R Endorsement - (IF APPLICABLE, WILL RE DELIVERED WITH POLICY), Cefkificate Holder C3PIti?118CIb41' , CITY OF TEMECULA Should any of the above described policies be cancelled before the expiration dare Name thereof, the issuing company will endeavor m mail 30 days writrcr. nnricc to the &. • PO BOX 9033 artifice e r rued to the left. bur failure to mail such notice- shall impose no Address • TEMECULA, CA 92590 obli n nr Iia ility of kind up t company', its agents or representatives. Authntiteel Represer1carivc Copy Distribution: Service Cen Copy and Agents Copy H-01 OP ID: EC 4C0R0 CERTIFICATE OF LIABILITY INSURANCE DAT06/28DIYVYY) 06/28/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 909-435-0230 Sawyer Cook InsurancePHONE 1200 California St, Ste 260 909-798-7971 Redlands, CA 92374 Small Business Unit INSURED Temecula Valley Chamber of Com Laura Turnbow 26790 Ynez Ct ste A Temecula, CA 92591 CONTACT r FAX (NC, No, E.O,_.. I (A/C, No) E-MAIL - PRODUCE CUSTOMER TEMEC.•1O CUSTOMER ID #; INSURER(S) AFFORDING COVERAGE LIABILITY' COMMERCIAL GENERAL __j CLAIMS -MADE --- NAICH INSURER Sequoia Insurance Company INSURER e: __-- ___-- _ INSURERC ,_. INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR1149111 IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH TYPE OF INSURANCE OF INSURANCE LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY PERTAIN, THE INSURANCE AFFORDED BY POLICIES. LIMITS SHOWN MAY HAVE BEEN ADDLISUBR:, WVD 1 POLICY NUMBER ISSUED TO THE INSURED CONTRACT OR OTHER THE POLICIES DESCRIBED REDUCED BY PAID CLAIMS. POLICY EFF POLICY EXP (MM/DD/YYYY) IMMIDD/YYYY) NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS, - -LIMITS -�--- _-�_- GENERAL _ LIABILITY' COMMERCIAL GENERAL __j CLAIMS -MADE LIABILITY I OCCUR EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occurrence) $ $ MED EXP (Any one person) PERSONAL &ADV INJURY GENERAL AGGREGATE $ $ $ GEN'L AGGREGATE LIMIT APPLIES PER __- I POLICY 1PFO I..- I LOC PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE -----, LIABILITY `ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ' - - COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) -- --- PROPERTY DAMAGE (Per accident) $ $ $ -- $ $ UMBRELLA LIAB EXCESS LIAB I DEDUCTIBLE 1 RETENTION $ OCCUR CLAIMS -MAGE 1 EACH OCCURRENCE $ AGGREGATE $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS Y/N N/Aj ISWP209588-1 11/27/10 11/27/11 X 1 WC STATU- 'IOTH- TORY OMITS FR EL. EACH ACCIDENT -- --- EL DISEASE- EA EMPLOYEE EL. DISEASE -POLICY LIMIT $ 1,000,000 -- _- $ 1,000,000 $ 1,900,000 below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule if more space is required) Verification of Insurance. CERTIFICATE HOLDER CANCELLATION City of Temecula 41000 Main Street Temecula, CA 92590 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OP ID: EC ACOR'Er CERTIFICATEOF LIABILITY INSURANCE DAT06/28D,YYYY) 06/28/11 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 909-435-0230 Sawyer Cook Insurance, 1200 California St., Ste 260 909-798-7971 Redlands, CA 92374 Small Business Unit CONTACT FAX (p(c,NoExn: (NC, No) NAIC# E-MAIL PRODUCE. CUSTOMER -- CUSTOMER to a: TEMEC 10 INSURER(S) AFFORDING COVERAGE INSURER A: Sequoia Insurance Company INSURER 8: INSURER G. INSURED Temecula Valley Chamber of Com Laura Turnbow 26790 Yne2 Ct ste A Temecula, CA 92591 - — INSURER 0 : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS INDICATED. CERTIFICATE EXCLUSIONS INSR LTR' IS TO CERTIFY THAT THE POLICIES OF INSURANCE NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE ADDLISUBR INSRI WVD LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN POLICY NUMBER ISSUED TO CONTRACT THE POLICIES REDUCED BY POLICY EFF (MM/DDIYYYY) THE INSURED NAMED ABOVE FOR THE POLICY OR OTHER DOCUMENT WITH RESPECT TO DESCRIBED HEREIN I5 SUBJECT TO ALL THE PAID CLAIMS. POLICY EXP LIMITS (MM/DD/YYYY) PERIOD WHICH THIS TERMS, GENERAL LIABILITY I I EACH OCCURRENCE $ I DAMAGE TO RENTED ', COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence) , $ MED EXP (Any one person) ' $ CLAIMS -MADE OCCUR PERSONAL 8 ADV INJURY $ i GENERAL AGGREGATE $ GEN'L __, AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG $ _. _.. —III PRO- L .. POLICY !, IFCT 1 LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT -- I, (Ea accident) $ ANY AUTO i -_-- $ $ — __- BODILY INJURY(Per Per person) ALLOWNEO AUTOS BODILY INJURY (Per accident)_ $ -_.... SCHEDULED AUTOS - PROPERTY DAMAGE - HIRED AUTOS (Per accident) I $ NON -OWNED AUTOS' $ $ UMBRELLA LIAR' OCCUR1 EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADEI AGGREGATE DEDUCTIBLE $ WORKERS COMPENSATION y I WC STATU I OTH AD EMPLOYERS' LIABILITY . ER A OFYCERMEMBER/EXCLUDEO? OFFICER/MEMBER YIN PE MEMBERP%RTNER/E UTNE ',N/pli SWP209588-1 11/27/10 11/27/11 E EACHTORACCIDENT EL EACH ACCIDENT $ 1,000,000 (Mandatory E.L. DISEASE - EA EMPLOYEE $ 1,000,000 in NH) It yes describe under DESCRIPTION OF OPERATIONS below E L DISEASE POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule itmore space is required) Verification of Insurance. CERTIFICATE HOLDER CANCELLATION City of Temecula Redevelopment Agency 41000 Main Street Temecula, CA 92590 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2009/09) © 1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD QUESTIONS Application Page 3 Professional Organization 1. Describe your organization, goals, operations, and activities and how it benefits the economic development of Temecula? Since 1966 the Chamber has made every effort to promote business development and give our members, as well as the community, direct access to business and community leaders who share their economic, civic and social concerns. The Chamber has formed a significant number of business and governmental alliances that enable the organization to effectively carry out its programs and agenda. Through these alliances the Chamber has developed a powerful network that can be utilized depending upon the issue. By taking a leadership role on key issues, the Chamber becomes the focal point and can direct its resources as well as alliance partners to address the issue. The Chamber strives to coordinate useful programs and activities to stimulate economic development of the area's substantial resources. The chamber represents and promotes the area's economy, and encourages business and industrial investment, broadening the tax base and providing employment. The TVCC continues to encourage growth of existing member industries and businesses, to assist legitimate firms seeking to relocate to Temecula and to provide them with exceptional customer service. With the combined efforts of the Chamber Board of Directors, staff and volunteers we will continue to coordinate the efforts of commerce, industry and professional services in maintaining and strengthening a sound and healthy business environment in the Temecula Valley. With 45 years of experience, the Chamber offers unprecedented benefits, discounts, and opportunities to make area businesses prosperous. Mission Statement The mission of the Temecula Valley Chamber of Commerce is to promote positive economic growth while protecting the environment for all businesses and by doing so, support the programs which preserve and improve the quality of life for the entire community. Goals The Chamber strives to unite the efforts of business, industrial and professional individuals to ensure an enhanced business climate. We continue to assist legitimate firms seeking to relocate to Temecula and provide them with exceptional customer service. The Chamber serves as an advocate for business, dedicated to regional prosperity by informing members of the latest business trends. This enables the Chamber to accomplish collectively what no one business could do individually. In an effort to be innovative and proactive, as well as grow membership, the Chamber is aware of the need to continually reach into local businesses and the community to develop ideas and continually improve the responsiveness of the Chamber. The Chamber continually strives to utilize technology, including web/social marketing as a means to increasing promotion of our members, their products and services. Core Values Create a strong local economy; Represent business with local government; Provide networking opportunities; Promote the community and Influence political action. Activities The Chamber provides access to a complete list of members who have the expertise needed to assist member businesses and the community to manage their financial, organizational and marketing issues. In 2010 the TVCC responded to over 17,000 requests for relocation, tourism, and business information via phone, walk-in, email, and mail. In addition, the Chamber's CEO worked in conjunction with City staff and SWEDC, participating in site visits to large businesses throughout the year. The Chamber's CEO periodically acts as the liaison between the business community and City/Utility companies related to specific issues facing the business. This service provides a positive benefit for the economic development of the business community. The Chamber currently coordinates over 300 events, programs and opportunities each year for members to network and connect with other local businesses. 2. Does your organization submit to Staff the required information, monthly reports, financials, etc. on time? Yes. The TVCC provides the City of Temecula with monthly activity reports as well as results of our annual financial audit on time. 3. Explain how your organization has worked well with the business community and Temecula residents to achieve your goals? The Chamber has worked diligently to promote an environment for businesses and markets to expand and recognizes the importance of building alliances and has developed a powerful network of businesses and organizations which can be utilized to accomplish specific objectives. We strive to create an atmosphere for the Chamber to be the catalyst for economic development, business growth and to sustain the vibrant quality of life we enjoy in this valley. By taking a leadership role on key issues, the Chamber becomes the focal point and can direct its resources as well as alliance partners to address the issue. Over the years the Chamber has served as the impetus of several vital organizations, including the Economic Development Agency, the Temecula Valley Balloon & Wine Festival and the Temecula Valley Convention & Visitors Bureau. As a reliable source of information, the TVCC services all inquiries requesting area information such as visitors guides, demographics, city maps, relocation, homes & rental information, six newsletters, e- commerce news and an online Business Resource Guide and Business Directory. • The Chamber continues to offer the community a job link web page to assist employers and potential job seekers. • Affinity Programs — The TVCC offers several cost saving programs for the business community, including the Office Depot, E -Waste events, Smart Card and First National Bank Merchant Services, and a discount Dental Program. • Employer Compliance Materials — The TVCC provides employers easy access to compliance products at a minimal cost, including Employment posters and required notice kits. • Conference Room Access - The Temecula Valley Chamber of Commerce provides meeting space to many local non-profit organizations such as Dorland, Friends of Ronald Reagan 2 Sports Park, Race For Humanity, Employment Development Dept., U.S. Census Bureau, SW EDC and Rotary Club as well as small and large businesses who request use the conference room for meetings. SBDC and SCORE utilize meeting and office space for counseling sessions and quarterly special topic events which are provided at no charge to the business community. 4. Please describe your financial reporting? The TVCC operates on an accrual basis. An independent accounting firm compiles our financial information and provides statements of financial position and activity to the Board of Directors for their review on a monthly basis. The Chamber's financial statements are audited annually. The financial statements for 2008/2009 were audited, providing a standard clean opinion with no internal control weaknesses. The 2009/10 financial statements are currently in the audit process. Overall the Chamber has been proactive in revising its budget by cutting expenses and decreasing operational costs. 5. If your organization received City of Temecula funding in the previous year, please provide a brief recap of the organization's accomplishments. Are there any notable operations and/or program changes? If so, please explain. Shop Temecula First Program and Temecula Valley Restaurant Month The Chamber continued to promote the long term benefits of shopping locally is a primary objective off the Chamber. In 2009 the Chamber launched the Shop Temecula First program, and in 2010 we continued our focus on promoting the importance of keeping sales tax dollars local. The Chamber partnered with the Temecula Auto Dealers Association and Promenade Temecula in placing 3 prominent billboards along 1-15 reminding those commuting either to or from Temecula to Shop local. In 2011 the will continue the program by enhancing and promoting "Shop Temecula Auto Dealers First". Throughout the year all email correspondence sent from the TVCC includes the Shop Temecula First reminder. In being proactive in promoting our local businesses the Chamber joined the initiative with the Temecula Valley Convention & Visitors Bureau in encouraging restaurants to participate in the State of California's Restaurant Month in January, giving local residents and visitors the opportunity to showcase our region's remarkable restaurants with talented chefs, and fascinating cuisines. Chamber staff designed the restaurant month logo and worked with convention & visitors staff to secured 18 local restaurants to participate in this inaugural program. In 2010 the Temecula Today newsletter began featuring one local business leader on the cover of each issue as a way of introducing members to key leaders of our community, including the 2009 Citizen of the Year Kim Kelliher, co-owner of the Grapeline Wine Country Shuttle; Dr. Karen S. Haynes, President, California State University San Marcos; Patrick M. Schmidt, CEO, FFF Enterprise; and Jeff Kurtz, General Manager, Promenade Temecula. Throughout 2009/2010 the President/CEO and Membership Director organized Business Outreach visits with businesses and members to discuss current issues, business friendly inquiries and thank them for doing business in the City of Temecula. 3 Partnerships The TVCC partnered with other organizations to expand and diversify our services for greater benefit to the business community. The TVCC acted in partnership with the EDC of Southwest California on their Annual Business Summit, a Day of Collaboration and Procurement. This event offered local business the opportunity to meet with city and county representatives as well as major businesses related to job procurement. TVCC assisted in marketing this event to our members and the community at large. SBDC The Chamber partners with SBDC to ensure the success of small business through business management counseling and training, resulting in economic impacts such as the creation and retention of jobs, increases in sales and profits, new business starts and more. Sponsored by the Chamber, the SBDC also provides quarterly Small Business Training Workshops, offering detailed information on key business issues such as: o QuickBooks for Beginners o SBDC provided free one-on-one QuickBooks assistance o HR Overview o Develop Your Business Plan o Incorporating Your Business o Speaking Like a Leader Business Counseling Services In partnership with the Small Business Development Center, the Chamber provided meeting space for the SBDC for counseling sessions twice monthly. In 2010 the Small Business Development Center provided counseling services to 104 individuals and businesses. The TVCC also provides meeting space to SCORE representatives who offer weekly counseling services to individuals, assisting them to start, grow, and manage their businesses. In 2010 SCORE representatives counseled over 200 potential entrepreneurs. Student of the Month The Chamber assists with the coordination of the Student of the Month and Student of the Year programs, designed to promote, acknowledge, and praise our local high school students for their efforts to succeed in academics, athletics, and/or community activities or the ability to overcome adverse life situations. Staff coordinates the program with schools to schedule each event, collect names of each month's recipients, sends out monthly reminders to schools sites. TVCC staff also creates the monthly program for the events as well as create, score and deliver the Student of the Year applications. Staff prepares press packets for each event. Media Partnerships Promoting the TVCC's programs was vastly increased in 2010 through multiple media partnerships. Chamber events and programs were promoted in The Press- Enterprise, The Temecula Insider, The Valley Business Journal, KFRG radio, ASK CLB.com, Smart Card, Southwest Riverside News Network and the Integrity Business & Consumer Journal The Chamber was recognized by the American Advertising Federation — Inland Empire, receiving a Silver Addy Award for excellence in creativity and execution with their submission of the City of Temecula's 150 Anniversary logo as well as a Bronze Addy Award for their 44th Annual Gala invitation. Southwest California Legislative Council Representing TVCC The Temecula Valley Chamber of Commerce tracked 31 potential new state laws in 2010 that might have an impact on the regional business community. The Chamber, through their regional business 4 advocacy coalition, the Southwest California Legislative Council (SWCLC), discussed and took a position in support or opposition on each potential new law and communicated those positions with state legislators throughout 2010. The SWCLC focused its efforts on some of the most controversial issues impacting business such as costly wage claim proposals and restrictive government regulations on business. The Temecula Valley Chamber will continue its efforts in 2011 to represent the interests of the Temecula Chamber by tracking legislative proposals and issues that impact job creation and retention. Based upon the SWCLC's policy platform for 2011, the Council will focus on several key areas: • Infrastructure improvements • Taxation and Government reform • Pro Business leadership • Immigration reform • Healthcare • Transportation • Environment • Tourism and business expansion Networking events In 2010 the NCC organized nearly 300 networking events and seminars to provide local businesses the opportunity to build their business by generating professional business leads and referral systems. The Chamber provided workshops and seminars for business and personal development, business networking tips and techniques. • Power Networking Workshops (11) • Ribbon Cutting and Grand Openings to promote businesses (69) • Networking Mixers (10) • Networking Breakfast events (10) • New Member Receptions (3) • Ambassador Luncheons; Topics include social marketing, business motivation and business coaching ( 6) • Friday Morning Coffee Connections (11) • Membership Committee Meetings (12) • Ambassador Training sessions (5) • Business Success Forums (11) —Topics for 2010 included: o Social Networking o "How to Get More Referrals for Your Business in 2010" o Develop Your Plan for Success o Customer Service o Put PR Back Into your Marketing Campaign o HR Overview o Does Your Brand Reflect Your Business o "Don't neglect YOUR Retirement Strategy" o Incorporating Your Business o How To speak Like A Leader o Business Insurance Facts Lobby Spotlight (12) Ambassadors assist in monthly survey/retention calls to members 5 Special Events • State of the City Address • Awards Gala • Wine Country Classic • Legislative Summit • Business & Economic Forecast • Business & Healthcare Expo • Women In Business Event and Expo • Glow Ball Golf Tournament ▪ Wine & Bingo Community Events • Youth Job and Career Expo (attended meetings, assisted with calls) • Temecula Valley College and Vocational Invitational (assisted with registration) • Candidates Forum (staff organized 2010 City of Temecula City Council Candidates Forum) • E -Waste Events (Collected over 280,000 lbs of electronic waste, ensuring items are properly recycled. (informed participants of the importance of "Shopping local") • The TVCC again coordinated a number of travel opportunities including Shades of Ireland, Discover the French Riviera, South Pacific Wonders, Alaskan Cruise and Cruise Canada, New England and Boston. Each of these travel opportunities offer community members an affordable means to travel. • Ford Motor Company selected the Temecula Valley Chamber of Commerce as their area partner to unveil the all-new commercial van, the 2010 Ford Transit Connect. Business members and the public were invited to take a test drive for an opportunity to win gift cards. Free booth space was also provided to member businesses who offer products that promote solutions to save energy, reduce pollution or offer recycling services. Valley Young Professionals 2010 was a successful year for Valley Young Professionals. Through the efforts and dedication of many individuals and a dynamic team of leaders, VYP was able to accomplish many goals as well as implement and spearhead various new programs. Led by a driven committee VYP focuses on 3 main components: Networking, Education and Civic. These areas provide opportunities for the younger generation professionals to grow their business and develop their professionalism and contribute to the community. The group continues to thrive and has seen a 203% increase in membership in 2010 alone! Throughout the year VYP held 12 Social Networking VYPERs, took part in 6 non-profit organizational events, held 7 Lunch & Learns and continued to participate in speaking engagements geared toward mentoring the youth of the valley. Throughout 2010 members of the VYP coordinated and participated in the following events: • Monthly committee meetings (12) • Monthly VYPER events (12) • Quarterly Book Club meetings • Oak Grove Center For Education, Treatments and the Arts Dorm room decoration • Civic events with Habitat For Humanity and Race For Humanity • Food basket delivery for Thanksgiving • Food/toy basket delivery for Christmas Communication Efforts TVCC Newsletter — The newsletter is printed every other month. Fifteen hundred copies of Temecula Today newsletter are mailed and distributed to the business membership, city and legislative officials. The publication contains relevant labor law changes, business issues as well as an "Ask the Expert" section. The TVCC provides the City a full-page every other month, highlighting programs and other pertinent community information. Expanding our methods of communication, members receive weekly e-mail calendars informing them of upcoming programs and events. The TVCC continues to provide a monthly E-commerce Newsletter to TVCC members and courtesy members. Member businesses and other local organizations utilize this newsletter as a means of keeping the membership up-to-date on current issues, events and programs. In 2010 approximately 79,747 visitors viewed the TVCC On -Line Directory, providing them with area business and demographic information and frequently called phone numbers as well as a complete listing of TVCC members. 7 Special Events Awards Gala The premier black -tie banquet and awards ceremony of Temecula, with over 550 guests in attendance, awards the past year's achievements for Citizen of the Year; Sterling, Bronze, gold, and Platinum Businesses of the Year; Service/Charitable Organization of the Year, Ambassador of the Year and Lifetime Achievement recipients. 2010 Business & Economic Forecast 250 attendees were on hand at the 2010 Business & Economic Forecast presented by Dr. John Husing. The Forecast presented the economic activity for 2010 as well as offer his economic outlook for the near future. Attendees were presented with statistics relevant to several key areas affecting job growth and the housing market. State of the City 600 community leaders and guests attend State of the City, held in partnership with the City of Temecula. This informative presentation highlights the City's past accomplishments, current projects and gives an insight into what the future holds for Temecula. Business & Health Expo A trade show event open to the public which showcases the products and services of area businesses. Over 400 individuals walk through the display area where you can speak one-on-one with representatives from each company. Women In Business The 2010 event was themed "Create, Connect, Conquer and hosted 220 wonderfully enthusiastic business women and included an informative panel discussion and Expo. The 2010 Women in Business event focused on providing women in business with the keys to success. Participants donated career clothing to benefit the Temecula Valley Assistance League's Suit Exchange. Wine Country Classic The all new Wine Country Classic hosted 126 Golf enthusiasts at the award-winning Journey at Pechanga golf course. This event offers a unique opportunity to build strong businesses relationships and fosters networking, all within a breathtaking environment. Legislative Summit The Legislative Summit informs and educates member businesses on key legislative issues. This event promotes community partnerships and examines how government agencies, businesses, education and non- profit organizations can work together to lobby important civic and educational issues, 2010 Membership Blitz Over the span of three days, more than 150 volunteers made calls, sent emails and knocked on doors to solicit membership in the TVCC. 167 new members recognized the Chamber as a vital resource for referrals, networking and support. Awards Gala Business & Economic Forecast Women In Business Wine Country Classic Membership Blitz Item No. 15 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Andre O'Harra, Chief of Police DATE: August 9, 2011 SUBJECT: First Amendment for DUI Drug and Alcohol Analysis with Bio-Tox Laboratories PREPARED BY: Heidi Schrader, Senior Management Analyst RECOMMENDATION: That the City Council approve the First Amendment to the Agreement Between City of Temecula and Bio-Tox Laboratories for DUI Drug and Alcohol Screening Services in the amount of $5,000 bringing the total FY 10-11 contract amount to $35,000. BACKGROUND: The City of Temecula pays for all alcohol and drug testing performed on drivers apprehended within the City limits. The City of Temecula Police Department and Temecula area of the California Highway Patrol utilize Bio-Tox Laboratories for almost all drug and alcohol screenings utilizing blood and/or urine. Invoices are paid by Temecula and the State of California reimburses the City 100% for all DUI related costs. In Fiscal Year 2010-11, $29,000 has been spent to date in DUI drug and alcohol analysis. It is estimated that an additional $5,000 will be invoiced. This annual projected amount is slightly more than the previous fiscal year, due to the Police Department increasing DUI operations as a result of an OTS mini grant and CHP stepping up enforcement within the City. FISCAL IMPACT: Adequate funds exist within the 2010-11 Police Department budget to meet the annual expenditure of $35,000. ATTACHMENTS: First Amendment to Agreement between the City of Temecula and Bio-Tox Laboratories for DUI Drug & Alcohol Screening Services. PD12-09 FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND BIO-TOX LABORATORIES FOR DUI DRUG & ALCOHOL SCREENING SERVICES THIS FIRST AMENDMENT is made and entered into as of July 19, 2011 by and between the City of Temecula , a municipal corporation (hereinafter referred to as "Citi'), and Bio-Tox Laboratories, a Corporation, (hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On July 1, 2010, the City and Consultant entered into that certain Agreement entitled "Agreement for DUI Drug & Alcohol Screening Services", in the amount of $30,000.00. b. The parties now desire to increase the payment in the amount of $5,000.00, and to amend the Agreement as set forth in this Amendment. 2. Section 4 of the Agreement entitled "PAYMENT" at paragraph "a" is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. The First Amendment amount shall not exceed Five Thousand Dollars and No Cents ($5,000.00), for additional DUI drug and alcohol screenings for a total Agreement amount of Thirty -Five Thousand Dollars and No Cents ($35,000.00). 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Bio-Tox.Lab Services.Amendl FY10-11.PD12-09.7-19-11 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BIO-TOX LABORATORIES (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Ron Roberts, Mayor Dale R. Somers, Chief Executive Officer/President ATTEST: By: By: Susan W. Jones, MMC, City Clerk Tracey Stangarone, Chief Financial Officer/Business Manager APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Bio-Tox Laboratories Attn: Tracey Stangarone 1965 Chicago Avenue, Ste C Riverside, CA 92507 951-341-9355 951-341-9359 tracey@biotoxlabs.com FSM Initi Datex57 f(� 2 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Bio-Tox.Lab Services.Amendl FY10-11.PD12-09.7-19-11 467* A �C Rii CERTIFICATE OF LIABILITY INSURANCE /)- /O / DATE(Im comyro 06/03/2011 THIS CERTIFICATE 15 ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY MEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER{S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; If at: oer0fioate holder Is an ADDITIONAL IALII s6, the polIcypes) must ba ondorsod. N SUBROGATION IS WANED. subject to the terms and coalitions of the policy, certain softie* may require an Endorsement, A statement an Ma certificate doss not conNr rights to the certificate holder in Neu of such endorawwlentt33s� moo= LIC 90829370 1- 5-244-7700 8d8awood Pistoera IAaurancI Centers (EPIC) Wrongs Manch] P.O. Box 5003 8110 Eamon, CA 94563 Ndpesbod Partnere Insurance Center 1f (925) 346-7700 wwwpm (925) 901-0671 r-^,-:, 11PlCcert'alodaewo4dins,cox LENS 9411RER(3ZAFF0R01Na COVERAGE 81NENAL LUEIUTY HARI 000,000,5, ;,AROBSAR AMR IHS CO 1.80916302 33130 INSURED Diatom Laboratoriesjpfmag 1965 Chicago Avenue, Suite C Riverside, CA 92507 M6UR[RE: �iAAt IN3 CO OF A1r8R f 1. 000,000 26732 R OAK RIVER INS CO 4 _1 COa1E11ClALQENIFALUA0ln•Y 34020 E16IAIsRP, NBUIICa e ; "IED06ESOEsaoommod 4 50,000 NSUR1R F : _ CLAIA1ALOENSIDDE U 53 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR C04DITLON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICAYE MAY EIS ISSUED CR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUEUECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 7 10• TYPE OF INSURANCE WIECIENAT 0091 -, P¢;CY NUMBER I apaqPDLR7mlll�p LENS A 81NENAL LUEIUTY 1.80916302 06� 3 of ii?11r EACH O+.CURREVCE f 1. 000,000 I COa1E11ClALQENIFALUA0ln•Y "IED06ESOEsaoommod 4 50,000 _ CLAIA1ALOENSIDDE U MED EXP IAA/ aepanl 1 5.000 3 8I/9D Dad: 2'.300 PER80NAL a A0'J NAIRv $ 1, 000, 000 $ GENERAL AGGREGATE $ - - AGGREGATE LENT APPLIES PER PRODUCTS - COO Ppp AOG s 1,000,000 ...7 n LVC '83010809734 6 . ,. LIAIIMITI 14/01,11. 06/e1 _ L3UT 11,000.000 t„ X ANY AUTO — IDLY INJURY Par oew,; a +► ALLOW OWNED SCHEDULED ULED BODILY INJURY (Per AO ca4.mq $ xt IRS AUTos = NM-DARED ^00,2m9.999r.,m -- - $ a UTABRUU.A LMB _ DCr11R EACH 040URRENCE r a IXC. MO C<AEiS AWDE AGGREGATE s. 0E0 !Imon' a WORNENSCOMPOISATION ANO EM►LDYERS•Uisam 2200057413101 0E/01/1{ '. O0/01/1 1 /� Ot /44451 :v ' YIN AMY PROPRIETORIPARTNERE)ECLITYE D-FIOENNEemEREACLL 15 ❑ NIA FACH ACCIDENT 91,000.000 1.00;IMMO: M M M1) E4 E . EA EMPLOYE; 1,.000, 000 Irya lspr4 anti; DE�RIHRI(1N OF OPH1ATpNa Enron , DISEASE-POUCYUIRT $ 2, 000,000 A 3110 Claims Radep4 Dad *2,800/C1.Z✓, LCUEli94S 05/01/11 00/01/1 :sot ldab Per Claim 1,000.000 1:;000 Combined Age 3.000.000 O*ORPTION Cr OPBRAflONSI LOCATPNIS I VEaOLSE immoi *0080 a0t, Admllpd RmIIaAE Sa**A, N moMpaea Us ,*r ** 1E: Operations of the Named Insured ADDITIONAL INSVEZD, City of Temecula ACO(tD 25 (2010106) rjohneonl-orq 21595374 SHOULD ANY OF THE ABOVE DESCRIBED POLfCIEB BE CAROLLED BEFORE THE EURATIOM DATE THEREOF. NOTICE WILL BE DELIVERED EI ACCORDANCE WITH THE POUCY PRO ASIONS. IPRBSENTA 01988-2010 ACORD CORPORATION. All rights reserved. The ACORD name end logo are registerod marks of ACORD 3 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Bio-Tox.Lab Services.Amendl FY10-11.PD12-09.7-19-11 fila Endorsement Changes The PORcy. Pfease Read lI Carefully. ADDITIONAL INSURED (BLANKET - PRIMARY) This endors,ment modides iraurance provtdod under the toeowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS ANO CONTRACTORS PROTECTIVE LIAIRLITY COVERAGE PART PRODUCTSfCOMPLETEO OPERATIONS LIABILITY COVERAGE PART WWI IS AN INSURED (Section If) isameadsd to Include es en insured: any person, organization, trustee, estate or Governmental entity to whom or to Wath you are obligated, by virtue of a written contract or by du fesuaaoe or eineitince o1 a pen'nlC to provide lesursiipa stroll as is afforded by this policy, but only with respect d o operations perlo mad by you or on your behalf or to facilities used by you and then ony for the y coedited In such contreo6 Du!inrto errant for limbs of Nobility In excess of the applicable citta of NetiifltY of this poky: provkied that such person, orgsnizadori, trustee, estate or Governments) entity shah be an Insured only *I4 nspeoi to occurrences taking place after such written contract has been executed or such permit has been Issued. If you are required by s written contract to provide primary insurance this policy shell be primary as respects your negligence and- Section IV, Condition 4 Other Insurance does not sppy, but only with respect 10 coverage provided by this polky. All other terms and Conditions of this policy remain unchenged. Thh endorsement effective 06/01/ 11 foals part of Policy Number LRC816302 issued to Biotox Laboratories Inc. by Landmark American Insurance Co. Endorsement No.: RSG 95001 0903 4 R:/Finance/Agreements/Finance Dept Agreements/Agreements 2011-12/Bio-Tox.Lab Services.Amendl FY10-11.PD12-09.7-19-11 Item No. 16 Approvals City Attorney Director of Finance City Manager "Ref— OtoL CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Patrick Richardson, Director of Planning and Redevelopment DATE: August 9, 2011 SUBJECT: Professional Services Agreement for Fehr & Peers to provide consulting services related to the preparation of planning studies for the Caltrans Community -Based Transportation Planning Grant - Multi -jurisdictional Transportation Corridor Planning Effort for the Jefferson Avenue Corridor (LR10-0017) PREPARED BY: Dale West, Associate Planner RECOMMENDATION: That the City Council approve a Professional Service Agreement with Fehr & Peers in the amount of $189,493.00 for professional planning consulting services related to the preparation of a Multimodal Transportation Plan for the Jefferson Avenue Corridor. BACKGROUND: The Jefferson Avenue corridor is a 16 mile north -south arterial that extends across four (4) jurisdictional boundaries from State Route 79 in the City of Temecula to the north through the cities of Murrieta, Wildomar and Lake Elsinore. The Multi -jurisdictional Transportation Corridor Planning Effort for the Jefferson Avenue Corridor is funded in part by Community Based Transportation Planning Grant through Caltrans. This planning effort will address the inconsistencies in the transportation infrastructure and surrounding land uses along the Jefferson Avenue Corridor within the four contiguous jurisdictions and result in the preparation of a Multi -modal Corridor Transportation Plan, a Corridor Mixed-use Development Plan, and a Corridor Implementation Plan. The overall Plan will enable the cities of Temecula, Murrieta, Lake Elsinore, and Wildomar to develop smart growth opportunities by utilizing multimodal options and reducing transportation demand through better community design. Additionally, the Plan will establish a vision that will guide land use decisions, infrastructure improvements, design and economic development activities for the Jefferson Corridor Specific Plan. The Caltrans Community Based Transportation Planning Grants are made available to Cities and Counties only, they are intended for multiple jurisdictions, and they require a lead agency in order to enter into contracts. Under the terms of the grant guidelines, the City of Temecula is the lead agency and recipient of the grant, with WRCOG as a sub -recipient for the purposes of administering the grant and serving as the designated Project Manager to coordinate project tasks, prepare quarterly reports, and complete invoicing requirements. The Cities of Murrieta, Lake Elsinore, and Wildomar are participants in the planning process. The attached two-year agreement is for Fehr & Peers to provide professional planning and consulting services to support staff in the preparation of the planning documents for the Jefferson Corridor. I n order to assist staff with these activities, Fehr & Peers will provide professional planning consulting services, consistent with the attached contract and Scope of Work. FISCAL IMPACT: Funds in the amount of $189,493.40, for the planning consulting services to be provided by Fehr & Peers, are made available by a Caltrans Community Based Transportation Planning Grant. No General Fund revenues will be used for this Professional Service Agreement contract with Fehr & Peers. ATTACHMENT: Professional Services Agreement AGREEMENT FOR CONSULTANT SERVICES BETWEEN CITY OF TEMECULA AND FEHR & PEERS MULTI -JURISDICTIONAL CORRIDOR STUDY FOR JEFFERSON AVENUE THIS AGREEMENT is made and effective as of August 9, 2011 between the, City of Temecula (hereinafter referred to as "City"), and Fehr & Peers, a Corporation, hereinafter referred to as "Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on August 9, 2011 and shall remain and continue in effect until tasks described herein are completed, but in no event later than March 31, 2013 unless sooner terminated pursuant to the provisions of this Agreement. 2. SERVICES Consultant shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. 3. PERFORMANCE Consultant shall at all time faithfully, competently and to the best of his or her ability, experience, and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed one hundred eighty-nine thousand, four hundred and ninety-three dollars and zero cents ($189,493.00) unless additional payment is approved as provided in this Agreement. b. Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager or his/her delegate. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager or his/her delegate and Consultant at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 8. INDEMNIFICATION The Consultant agrees to defend, indemnify, protect and hold harmless the City of Temecula, Temecula Community Services District, and/or 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 Consultant's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. 4) Professional Liability Insurance shall be written on a policy form providing professional liability for the Consultant's profession. b. Minimum Limits of Insurance. Consultant shall maintain limits no less than: 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation as required by the State of California; One million dollars ($1,000,000) per accident for bodily injury or disease. 4) Professional Liability Coverage: One million ($1,000,000) per claim and in aggregate. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, Temecula Community Services District, and/or Redevelopment Agency of the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurers 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 Consultant shall within two (2) business days of notice from insurer phone, fax, and/or notify the City via certified mail, return receipt requested of the changes to or cancellation of the policy. Employer's Liability: e. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither City nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or his/her delegate or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. b. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Attn: City Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula or Hand -Deliveries ONLY Attn: City Manager 41000 Main Street Temecula, CA 92590 To Consultant: Fehr & Peers Attn: Chris Gray, Senior Associate 3850 Vine Street, Suite 140 Riverside, CA 92507 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the City that no officer or employee of the City of Temecula that has participated in the development of this agreement or its approval has any interest, whether contractual, non - contractual, financial or otherwise, in this transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 18. ENTIRE AGREEMENT This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The City Manager or his/her delegate is authorized to enter into an amendment on behalf of the City to make the following non -substantive modifications to the agreement: (a) name changes; (b) extension of time; (c) non -monetary changes in scope of work; (d) agreement termination. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Fehr & Peers (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Shawn D. Nelson, City Manager ATTEST: By: By: Steven Brown, Vice President Susan W. Jones, MMC, City Clerk Marion Donnelly, Secretary -Treasurer, CFO APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney CONSULTANT Fehr & Peers Chris Gray, Senior Associate 3850 Vine Street, Suite 140 Riverside, CA 92507 (951) 274-4801 (951) 684-4324 c.gray@fehrandpeers.com. FSM Initials: Date: /i EXHIBIT A Tasks to be Performed The specific elements (scope of work) of this service include: Task 1— Project Initiation Task 1.1 - Finalize Scope of Work: Prior to initiating work on the project, the Consultant Team (Fehr & Peers, MIG, ima, and Keyser Marston) will coordinate with WRCOG, Caltrans, Temecula, Murrieta, Wildomar, and Lake Elsinore to finalize the scope of work. This scope review will confirm the elements of the scope, specific list of deliverables, and the schedule. Deliverable - Updated scope of work providing list of deliverables, project schedule Task 1.2 - Project Kick -Off Meeting: Subsequent to this confirm of the scope, deliverables, and schedule, the Consultant Team will attend a project kick-off meeting. In addition to a review of the project scope, deliverables, and schedule, this meeting will address how best to coordinate this study, the SCAG Compass Blueprint Study, the future Specific Plan for the Jefferson Corridor in the City of Temecula, and other efforts that may influence the course of this study. This issue of coordination is a key one given the potential overlap that may occur between the various studies, particular the SCAG Compass Blueprint Study and this transportation planning effort. Deliverable - Memorandum summarizing the project kick-off meeting Task 2 — Background Research and Existing Conditions Report The Project Team will research conditions in the corridor and prepare summaries for review by the participating agencies. Task 2.1 - Existinq Information Regarding Corridor: The Project Team will summarize existing information regarding the Jefferson Corridor, relying on the numerous previous studies related to land use, transportation, and economic conditions. Task 2.2 - Inventory and Catalogue Existinq Uses within the Corridor: The Project Team will prepare exhibits showing the existing uses in the Jefferson Corridor, based on available data from the Cities of Temecula, Murrieta, Wildomar, and Lake Elsinore. It is anticipated that these exhibits will reflect existing data from sources such as the various GIS departments in these participating cities, property appraiser databases, and other sources as appropriate. Deliverable - Map showing existing uses in Jefferson Corridor Task 2.3 - Analyze Growth Trends: KMA will be primarily responsible for identifying and documenting the growth trends. Their effort will include a limited market overview regarding the potential for development of new mixed-use development along the Corridor. This overview will rely on readily available third party demographic and market data sources. The objective of this task is to review both existing and historical market trends and to better understand future development potential. In order to meet this objective, KMA will undertake the following: • Review relevant background materials and resource documents/maps • Review growth trends impacting the Corridor and the surrounding area • Review regional and local commercial and residential market conditions, including major value indicators and development trends by land use and sub -area • Review existing and proposed competitive developments within the trade area Based on this research, KMA will conclude on the demand for various land uses and product types within the Corridor. This will include summaries of: key assets and constraints to development and redevelopment by sub -area, and market strengths and weaknesses by land use and sub -area. Deliverable - Technical Memorandum documenting growth trends Task 2.4 - Identify Potential Improvements and Constraints: The Project Team will coordinate to identify potential opportunities and constraints within the Jefferson Corridor relating to the following items: • Existing transportation facilities (vehicular, transit, bicycle, and pedestrian) • Proposed transportation improvements (vehicular, transit, bicycle, and pedestrian) • Existing uses along the corridor • Current and projected market trends These opportunities and constraints will be summarized on a series of graphics that the project team will prepare using previously prepared graphics such as those developed for Task 2.2. Deliverable - Corridor graphics documenting opportunities and constraints Task 2.5 - Develop Draft Corridor Existing Conditions Report: The Project Team will provide a Draft Existing Conditions Report that will summarize the results of Task 2.1 to Task 2.4. Following the review and comment of this report, the Project Team will update the report as necessary. Deliverable - Draft Existing Conditions Report Task 2.6 - Develop Final Corridor Existing Conditions Report: The Project Team will prepare an updated Final Corridor Existing Conditions Report to reflect any comments received on the Draft Document or requested changes. Deliverable - Final Existing Conditions Report Task 3 — Multi -Modal Transportation Planning/Sustainability Charrette The Project Team is proposing to hold a %-day charrette to provide information regarding current "Best Practices" in transportation planning. The purpose of this charrette is to present the latest innovations related items such as Complete Streets, pedestrian facilities, parking supply and management, innovative ways to provide transit service, and other strategies as applicable. It is anticipated that this charrette would be attended by representatives of the various public agencies participating in this study instead of other stakeholders to limit duplication with the Compass Blueprint study. Task 3.1 - Prepare Materials for Charrette: Fehr & Peers would be primarily responsible for developing materials for this first charrette which will include a PowerPoint presentation and hand-outs. Deliverables - PowerPoint presentation, meeting handouts Task 3.2 - Hold Charrette: Fehr & Peers would also facilitate this workshop, with assistance from other members of the Project Team as appropriate. Task 4 — Multi -Modal Corridor Transportation Plan The Multi -Modal Corridor Transportation Plan will identify potential improvements in the corridor, addressing all modes of transportation including vehicular travel, transit, bicyclists, and pedestrians. Task 4.1 - Identify Potential Improvements to Non -Motorized System: ima will be primarily responsible for the development of a plan to enhance the non -motorized transportation system throughout the corridor. The objective of this plan is to develop a non -motorized transportation plan through both policy guidelines and project recommendations to promote and implement a corridor wide non -motorized transportation system. Elements of this plan would include: • Analyzing existing and future infrastructure through the upcoming improvements to the commuter rail corridor • Concept plans for priority projects focus • Potential programs to encourage, non -motorized transportation systems through policy choices • Typical cross-sections for vehicle, bicycle, pedestrian and transit facilities along the corridor • Connections to the larger regional system Deliverable - Technical memorandum with graphics documenting the proposed non - motorized improvements with supplementary graphics showing the locations of these facilities within the corridor Task 4.2 - Identify Potential Improvements to the Vehicular System: While the primary focus of this study is to develop a multi -modal transportation plan, the corridor also operates within the larger regional roadway system. Fehr & Peers will identify any proposed improvements within the corridor, based on the previously reviewed studies. In addition, Fehr & Peers will review available forecasts from sources such as the recently updated Riverside County Travel Demand Model (RIVTAM), the City of Temecula General Plan, the City of Murrieta General Plan, and other documents. This review will determine whether there is sufficient capacity for projected growth within the corridor. If capacity is needed (based on a review of these other studies), then improvements will be identified which will include improvements to intersections, corridor coordination and signal timing improvements, and additional travel lanes. Additional travel lanes will only be considered within the corridor as a last resort when other proposed improvements are insufficient to provide the needed capacity. Deliverable - Technical memorandum with graphics identifying the location and configuration of any proposed roadway system improvements throughout the corridor Task 4.3 - Develop Up to Three Alternatives for Corridor Improvements: Fehr & Peers and ima will collaborate to integrate the recommendations of the non -motorized and motorized transportation systems to develop three alternatives that may vary in either in terms of geographic focus or focus on travel modes such as vehicles, bicycles, or pedestrians. Deliverable - Graphics of each proposed alternative showing the location of any vehicular and non -motorized improvements in the corridor Task 4.4 - Develop Visual Simulations for Two Locations along the Corridor: Fehr & Peers and ima will collaborate to prepare photo -simulations for two locations in the corridor. The purpose of these photo -simulations is to demonstrate how the proposed alternatives identified in Tasks 4.1, 4.2, and 4.3 might look. Deliverables - Two photo simulations of proposed improvements in the corridor Task 4.5 - Develop Draft Corridor Multi -Modal Transportation Plan: The Project Team will prepare the Draft Multi -Modal Transportation Plan, using data from Tasks 4.1 to 4.4. The Draft Document will be provided to the participating agencies and then updated following the receipt of any comments. Deliverable - Draft Corridor Multi -Modal Transportation Plan Task 4.6 - Develop Final Corridor Multi -Modal Transportation Plan: The Project Team will update the Draft Multi -Modal Transportation Plan in response to comments received in Task 4.5. Deliverable - Final Corridor Multi -Modal Transportation Plan Task 5 — Trends in Successful Mixed -Use Development Charrette Similar to Task 3, the Consultant Team will also prepare and facilitate a charrette related to mixed-use development opportunities in the Corridor. This charrette will focus on successful elements of mixed-use development, as it would apply to the Jefferson Corridor. It is anticipated that MIG and KMA would collaborate on this effort, with assistance from other team members. Similar to the effort in Task 3, this meeting would be a 1/2 -day meeting with representatives of the participating agencies as compared to any public efforts funded by the SCAG Compass Blueprint study. Task 5.1 - Prepare Materials for Charrette: MIG and KMA would be primarily responsible for developing materials for this second charrette which will include a PowerPoint presentation and hand-outs. Deliverables - PowerPoint presentation, meeting handouts Task 5.2 - Hold Charrette: MIG would facilitate this workshop, with assistance from KMA and other team members. Task 6 — Corridor Mixed -Use Development Plan Task 6.1 - Analyze Data Pertaining To Mixed -Use Options: Utilizing information and data collected during tasks 1 and 2, the F&P team will prepare a Mixed Use Development Plan for the Jefferson Avenue Corridor. The Corridor Mixed -Use Development Plan is an important component to the overall success and will work hand-in-hand with the Multimodal Transportation Plan to create a comprehensive plan that can be implemented in phases over the entire corridor. The Corridor Mixed -Use Development Plan will be developed with a strong foundation in smart growth and sustainability that integrates multi -modal options and will reduce transportation demand with strategic and better community design. The Corridor Mixed -Use Development Plan will also support the initiatives of AB 32 and SB 375. Task 6.2 - Conduct Research on Housing Options: The corridor plan will continue with an analysis of housing options that focus on affordability that is needed to provide a much needed residential base to this area. The corridor study will also examine the potential for greater economic development that focuses on creating increased revenue and tax base as well as additional jobs for residents within the corridor study. Expanding existing uses that are succeeding, as well as growth into new markets and sectors to capture interest and revenue will be an important consideration. Task 6.3 - Conduct Research on Economic Development: A critical component of the study will be to provide for an appropriately configured and sufficient amount of mixed-use development that can be supported along the Corridor. This will create a basis for a minimum amount of retail/commercial space and aid in curtailing strictly residential development. KMA will participate in brainstorming teleconferences to discuss the optimal balance of commercial and residential development, the most viable development product types, and key locations along the Corridor for catalyst development opportunities. In addition, based on information provided by WRCOG, KMA will review land absorption projections for employment uses by sector in the Corridor and comment on the potential employment generation. Task 6.4 - Consider Safety Issues for Those Using Transit: Fehr & Peers will be responsible for identifying guidelines related to the safe use of transit. These guidelines will likely generally relate to the placement of bus stops (near-side/far-side of intersection), access to transit stops from individual project sites, and other items as appropriate. Task 6.5 - Identify Historical and Cultural Issues that May Impact the Plan: MIG was also identify any potential historical and cultural issues that would limit the proposed Mixed -Use Development Plan based on a review of existing documents. Task 6.6 - Develop Draft Corridor Mixed -Use Development Plan: The Project Team would consolidate the results of Tasks 6.1 through 6.5 in a Draft Corridor Mixed -Use Development Plan and provide this document to participating agencies for their review and comment. Following the receipt of comments, this Draft Plan will be revised as appropriate. Deliverables- Draft Corridor Mixed -Use Development Plan Task 6.7 - Develop Final Corridor Mixed -Use Development Plan: Following the receipt of comments in Task 6.6, MIG will update the Draft Corridor Mixed -Use Development Plan to provide a Final Plan. Deliverables- Final Corridor Mixed -Use Development Plan Task 7— Implementation and Funding Charrette The final charrette will be focused on implementation and funding. This charrette will discuss the latest funding trends and opportunities, the status of redevelopment, and other current factors which might be utilized to implement specific transportation and land use items identified previously. Task 7.1 - Prepare Materials for Charrette: All of the Project Team members would be responsible for preparing materials for this final charrette related to their specific areas of expertise. Fehr & Peers would discuss potential funding for transportation improvements and identify transportation related issues. MIG and KMA would prepare materials related to policies and techniques to implement mixed-use development strategies. Deliverables - PowerPoint presentation, meeting handouts Task 7.2 - Hold Charrette: This workshop would be jointly facilitated by all members of the Project Team, given the broad range of topics likely to be covered. Task 8 — Corridor Implementation Plan Task 8.1 - Research Local Plans and Redevelopment Plans: The Project Team, including MIG, ima, and KMA, will review local planning documents and Redevelopment Plans related to the corridor to identify items that would affect implementation of any proposed transportation and land use improvements in the Jefferson Corridor. Task 8.2 - Identify Changes to Local Cities Plans to Implement: The Project Team will also identify any needed changes to local planning documents to implement the proposed recommendations related to transportation and land use policies. These changes could be related to specific changes in local City Circulation Elements if any transportation improvements are identified or corresponding changes to other elements in General Plans related to land use policies. Task 8.3 - Develop Preliminary Cost Estimates for Selected Options: Fehr & Peers and ima would prepare cost estimates for the transportation improvements identified in Task 4 related to non -motorized and vehicular improvements. These cost estimates will reflect both capital and operating costs, based on planning level estimates of any improvements. The project team will not be preparing detailed cost estimates for any proposed improvements. Task 8.4 - Identify Potential Funding Sources: KMA will prepare a menu of potential funding sources/mechanisms available to fund the infrastructure improvements required to serve the Corridor under the preferred land use alternative. KMA will recommend specific methods or programs available to fund particular categories of infrastructure improvements. As part of this effort, KMA will review the Redevelopment Plans and Implementation Plans for Redevelopment Project Area in the Corridor cities and comment on the potential for the use of redevelopment and housing funds for implementation of the Plan. KMA will prepare a matrix evaluating each option, assessing its applicability to the infrastructure needs of the Corridor, and identify any issues or constraints associated with a particular option. Task 8.5 - Develop Draft Implementation Plan: The Project Team will summarize the results of Task 8.1 to 8.4 in the Draft Implementation Plan for review and comment by the participating agencies. Following the receipt of comments, this Plan will be revised. Deliverables - Draft Implementation Plan Task 8.6 - Develop Final Implementation Plan: Following the receipt of comments in Task 8.5, Fehr & Peers will update Draft Implementation Plan to provide a Final Implementation Plan. Deliverables - Final Implementation Plan EXHIBIT B Payment Rates and Schedule TAILED FEE ESTIMATES BY PERSON F ML Peen MO Ima Keys rMarston T041 Task Slava Brawn Pircpal Gv Gray Proj001 Marmot Amon Pack Traffic Op&t0,a /Frrabn 4 Leah Traffic Engineer AoWOADI Slepwl Muii Maiope Ric 801808 Propel 443e00040 Piropal LVWioapa Nrluleol Staff PW Mm Pompano. Charge Cul Leek AamM. Support Stall TYtl Team Hours Fehr 3 Para Neat aprons Drat Eapruee MIG AM Eapx045 ma Diad 4040nnea IWA Dana Expanses T44 Team Direct Eapaosn CMI R'Sn1 Rates f 255 5 175 5 100 5 130 5 110 5 195 f 175 f 135 f 150 5 135 f 100 3 270 3 185 3 80 task 1- Aact 00k-00 Pq SM W m RnWpe SMPofWork 0 2 2 2 6 1 21 $ 50 3 225 3 215 1 3.570 Prop0KOck{MM0L1p O 2 4 4 4 2 2 4 22 1 50 3 400 f 150 5 225 $ 025 1 5105 ]5Y 2 - ScbuwB manrcn and EnYIM Cpgbw Report Embus Information Ramming Corner 4 2 2 0 $ 75 5 75 5 •MS inv clay vM Caj a Currant Uses 2 0 24 0 10 59 1 50 3 400 5 450 $ 8040 Analyse Growth Trends 15 45 2 02 } f 225 5 225 5 11973 I man3N Potentialimprovements end CanpsIOs S 2 0 18 $ 100 } 100 5 3290 4.0 Dertl; pen Candor Existing Concha000 2 12 0 10 0 4 14 3 71 $ 100 f 200 f 300 $ 11555 Develop Ant ConsularEtiMM0 COMVrrt Report 0 4 4 4 0 1 3 1 33 1 30 $ 200 $ 250 5 5643 Task 3 - Muhl -Moat Trn4mr1tlan Pl.awl0 &aMk,44' CMOS _ Prepare Mtlrdb For CNrwe 2 2 2 8 1 200 $ 50 $ 250 5 1070 Hold Chard* Fn RppO Tarn 4 4 d 4 4 20 5 200 5 797 3 50 5 950 5 4270 Tag 4 - Mufti -Modal coma. T mmo1bn % !Cony Potential Improvements for Non-Molr¢.d System2 10 24 40 62 $ 50 S 200 f 250 9 10240 Identify Pn0Y Improvements tor Venial. System 10 16 18 12 60 5 300 $ 300 5 0540 .M4OM for Condor Impressment Develop Up b Tarery 10 4 18 0 d 0 16 70 1 300 f 50 $ 350 5 Q$90 Develop Three Conte Meal Simulations 4 4 40 16 64 $ 75 $ 50 5 125 5 7345 O0nkp daft Cate. MuMmoWl Transportation %m 2 12 16 0 S 15 80 5 150 1 10 3 203 f 8 180 ar MUmTrnepoNOm Plan2 Denby Final Cl0MBMs 4 4 4 0 15 38 $ 50 $ 400 0 00 3 500 f 5000 Tisk5 - Trends m SacsM1Y 404.OLse OMbpmant Charges Prepare Materials for Charon.3 2 2 2 83 3 50 $ 50 3 197 f IMS Hold Climate la ProtectT04m 4 4 4 4 4 4 2 20 $ 50 1 700 5 00 3 00 S 850 f 5585 Tisk 8 - Cron Mixed -Use 00vMmmar4 %n MYnale SDP.,IYrinp b Mi104-Ute Onbms 4 0 12 3 - $ - 3 2180 Conte Rayw&M1 m Housing options4 0 12 3 - $ - S 2180 Conduct Research on Economic Development 10 30 1 41 3 5 225 3 225 1 0030 !Consider Seats Issues ter ThosUsing Tra104 4 _ 4 8 $ 50 5 50 3 1270 I MafMHabna and CWMM Issues 11M may Impact the Plan 4 8 12$ - f - S 2100 001.105 DraO Comte Mixed -Use Oevelopmnt Plan 24 32 18 72 $ - $ - 1 12440 SmOkp P104 candor Mne6U1e Development Pen 0 10 18 40 S $ 700 $ 700 5 7 220 Task 7- knp0mr4M mid Funding CIImaM Prepare Materials fa Chisels 2 2 2 2 2 10 S 5 50 3 197 f 150 3 1845 Hold C4.M efor Propel Team 4 4 4 4 4 4 2 28 f 50 5 700 0 50 5 100 f 900 $ 5635 Task 0- Cants NelEIN 0110IrMn3Son%n 5 RMeach Local Plans and Rovebpment Plans4 0 0 2 8 25 f 50 } 75 f 125 5 4650 Identify Changes Is Lag Cross Plan. lo Implement2 4 4 0 0 2 ] 30 f 50 $ 75 f 150 5 275 5 5838 nv COM Sedated Opdne Develop RMlmrmrt 2 16 4 4 0 5 42 f 150 3 75 5 225 $ 8075 Iden*Potent0 Fonar 0 Sources S 14 1 20 5 $ 150 3 150 5 3925 Develop RNlostemenlabPlan 2 8 6 10 4 8 K 3 150 S 110 f ]040 Develop Final lmpammletian%n 2 4 8 4 4 8 30 f I50 3 40D 1 550 f 5.420 taw Esiiii t 12 136 28 110 143 M 184 50 34 04 134 65 133 9 1,139 3 1300 $ 4.400 $ 1,078 $ 1.000 i $AI$ 0 180,405 Item No. 17 TO: FROM: DATE: SUBJECT: Approvals City Attorney Director of Finance City Manage "Ref— OtoL CITY OF TEMECULA AGENDA REPORT City Manager/City Council Patrick Richardson, Director of Planning and Redevelopment Genie Roberts, Director of Finance August 9, 2011 Appeal of Redevelopment Agency Payment Amount Pursuant to ABX1 27 PREPARED BY: Luke Watson, 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 AUTHORIZING THE APPEAL OF THE DEPARTMENT OF FINANCE'S DETERMINATION OF THE FISCAL YEAR 2011-12 REMITTANCE AMOUNT DETERMINED PURSUANT TO HEALTH AND SAFETY CODE SECTION 34194 BACKGROUND: On June 28, 2011 the State of California Legislature enacted Assembly Bill X 1 26 and Assembly Bill X1 27. Under ABX1 26, redevelopment agencies are mandated to dissolve their operations while ABX1 27 allows redevelopment agencies to continue their operations subject to a required annual payment. If redevelopment agencies "opt -in" to the Voluntary Alternative Redevelopment Program established by ABX1 27, agencies would be required to make payments annually until they notify the State of their intent to dissolve in some subsequent year. . The annual payment required under ABX1 27, determined by the State Department of Finance (DOF), was calculated based on the gross tax increment and total tax allocation bond obligations of agencies as reported in their annual State Controller's Report during the 2008-2009 fiscal year. The DOF released the annual payment amount for Fiscal Year 2011-2012 on August 1, 2011. The DOF calculated the 2011/2012 annual payment for the Temecula Redevelopment Agency as $4,731,158. Subsequent years payment would be approximately $1.1 million. Considering the fact that the DOF's calculation is based on the obligations of the Agency as they existed in FY 2008-2009, and does not include additional obligations taken on by the Agency in FY 2009-2010 and 2010-2011, in the form of Housing Tax Allocation Bonds, staff feels that the DOF's calculated annual payment for the Agency is incorrect and overstated. Based on an analysis that includes the additional debt payment obligations required under the 2009-2010 and 2010-2011 Housing Tax Allocation Bond Indentures, it has been determined that debt obligations will increase by approximately 2.7M which will significantly increase the percentage of debt as a ratio of tax increment and should reduce the Agency's required debt obligation per ABX1 27. ABX1 27 does provide for an appeals process whereby agencies can appeal the amount due under the DOF calculation if the agency can show that the amount of agency debt obligation has risen more than 10% from what was reported on the Agency's Statement of Indebtedness for the 2008- 2009 FY. Staff analysis can evidence that the Agency's debt obligations have indeed exceeded the 10% threshold required by AB 1X 27. In order to comply with AB 1 X 27, the Agency must deliver its appeal to the DOF by August 15, 2011. FISCAL IMPACT: The fiscal impact of ABX1 26 and ABX1 27 are significant and serious. If the Agency dissolves under ABX1 26 all assets of the Agency would be liquidated and proceeds remitted to the Education Revenue Augmentation Fund (ERAF). The Agency's obligations would pass to a successor agency where those obligations would be retired per existing agreements. The successor Agency would then receive only enough tax increment revenue annuallyto meet existing obligations plus a small amount for administration. If the Agency chooses to "opt -in" under ABX1 27 the Agency would be required to make the 201112012 annual payment of $4,731,158,with no appeal, or a reduced amount if the appeal is granted. The Agency would be required to make an annual payment of approximately $1.1M until the life the Agency comes to an end in 2029. ATTACHMENTS: Resolution RESOLUTION NO. 11- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE APPEAL OF THE DEPARTMENT OF FINANCE'S DETERMINATION OF THE FISCAL YEAR 2011-12 REMITTANCE AMOUNT DETERMINED PURSUANT TO HEALTH AND SAFETY CODE SECTION 34194 THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Temecula hereby finds, determines and declares that: A. On August 1, 2011, the State Department of Finance notified the City of Temecula ("City") that the fiscal year 2011-12 remittance amount determined pursuant to Health and Safety Code Section 34194(b)(2)(I) for the Redevelopment Agency of the City of Temecula is $4,731.158.00. B. The City is authorized to appeal this amount pursuant to Health and Safety Code 34194. Section 2. Subject to the terms of this Resolution, the City Council of the City of Temecula hereby authorizes and directs the City Manager to appeal on behalf of the City the amount of remittance described in Section 1(A) of this Resolution on the basis that: (1) the information in the State Controller's Redevelopment Agency 2008-09 annual report was in error; and (2) the percentage of tax increment necessary to pay for tax allocation bonds and interest payments has increased by 10 percent or more over the percentage calculated pursuant to the State Controller's Redevelopment Agency 2008-09 annual report. The City Manager shall file the appeal within the time required by law and shall include such information with the appeal as may be required by law or helpful to the appeal. The City Manager is authorized to take such other and further actions on behalf of the City as are necessary or convenient to effectuate the appeal. Section 3. Notwithstanding the City's appeal, the City maintains that the provisions of AB X1 26 (Chapter 5 of the Statutes of 2011) and AB X1 27 (Chapter 6 of the Statutes of 2011) are unconstitutional, and that the Director of Finance accordingly lacks the authority to determine remittance amounts pursuant to Health and Safety Section 34194. The City contends that AB X1 26 and AB X1 27 violate, among other provisions of law, California Constitution Article I, Section 9, Article II, Section 8(a), Article XIII, Section 24, Article XIII, Section 25.5, Article XII I B, Section 6, and Article XVI, Section 16. The City contends that the Director of Finance has no authority to enforce unconstitutional statutes such as Health and Safety Code section 34194. As a result, the filing of this appeal is not intended by the City or Agency to waive any right either may have to challenge the legality of all or any portion of AB X1 26 or AB X1 27 through administrative or judicial proceedings or to prejudice the City's right to seek to recover reimbursement of payments made pursuant to AB X1 27, plus interest, should the requirement of making such payments be stayed, enjoined, repealed, or held unconstitutional or unenforceable by any court of competent jurisdiction. Section 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 9th day of August, 2011. ATTEST: Susan W. Jones, MMC City Clerk [SEAL] -2- Ron Roberts, Mayor 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 9th day of August, 2011, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: -3- Susan W. Jones, MMC City Clerk TEMECULA COMMUNITY SERVICES DISTRICT Item No. 18 ACTION MINUTES of JULY 26, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA COMMUNITY SERVICES DISTRICT MEETING The Temecula Community Services District Meeting convened at 7:17 P.M. CALL TO ORDER: President Jeff Comerchero ROLL CALL: DIRECTORS: Edwards, Naggar, Roberts, Washington, Comerchero CSD PUBLIC COMMENTS CSD CONSENT CALENDAR 13 Action Minutes — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 13.1 Approve the action minutes of July 12, 2011. 14 Award of a Construction Contract for the Margarita Road Right -of -Way Enhancements — Prolect No. PW10-04 — Approved Staff Recommendation (5-0-0) Director Edwards made the motion; it was seconded by Director Washington; and electronic vote reflected unanimous approval. RECOMMENDATION: 14.1 Award the construction contract for the Margarita Road Right -of -Way Enhancement — Project No. PW10-04, to KASA Construction, Inc. in the amount of $218,880; 14.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $21,888 which is equal to 10% of the contract amount; 14.3 Make a finding that the Margarita Road Right -of -Way Enhancement Project is exempt from Multiple Species Habitat Conservation Plan (MSHCP) fees. CSD DEPARTMENTAL REPORT CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD Action Minutes\072611 1 CSD ADJOURNMENT At 7:19 P.M., the Temecula Community Services District meeting was formally adjourned to Tuesday, August 9, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] CSD Action Minutes\072611 2 Item No. 19 Approvals City Attorney Director of Finance City Manager "Ref— OtoL TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Aaron Adams, Assistant City Manager DATE: August 9, 2011 SUBJECT: Agreement between Melody's Ad Works, Inc. and the Temecula Community Services District for FY 2011-12 RECOMMENDATION: That the Board of Directors: 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. 2) Approve an additional $5,000 as a material reimbursement to be utilized for consultant to procure items at a discounted rate for special events in Old Town. 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. This Agreement had been previously approved by the RDA Board of Directors on May 24, 2011. However, with recent RDA legislative changes, the City must now enter into a new agreement between Consultant and the Temecula Community Services District as required to retain/contract for these services. FISCAL IMPACT: The $44,700 will be funded through the FY 2011-12 Temecula Community Services District Operating Budget. ATTACHMENTS: Agreement between Melody's Ad Works, Inc. and the Temecula Community Services District Operating Budget for FY2011-12 AGREEMENT FOR CONSULTANT SERVICES BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND MELODY'S ADS WORKS, INC. OLD TOWN TEMECULA SPECIAL EVENT PROMOTIONS THIS AGREEMENT is made and effective as of August 9, 2011, between the Temecula Community Services District, a community services district (hereinafter referred to as "City"), and Melody's Ad Works, Inc., a Corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM This Agreement shall commence on July 1, 2011, and shall remain and continue in effect until tasks described herein are completed, 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 full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A. Consultant shall submit all marketing/promotional materials 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 proofs 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, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement. 4. PAYMENT 1) a. The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit 8, other than the payment rates and schedule of payment, are null and void. This amount shall not exceed forty four thousand seven hundred dollars and 00 cents ($44,700.00) for the total term of this agreement unless additional payment is approved as provided in this Agreement. 2) 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 1 herein, unless such additional services are authorized in advance and in writing by the General Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Artist at the time City's written authorization is given to Consultant for the performance of said services. c. Consultant will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non -disputed fees. If the City disputes any of Consultant's fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. For all reimbursements authorized by this Agreement, Consultant shall provide receipts on all reimbursable expenses in excess of fifty dollars ($50) in such form as approved by the Director of Finance. 5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the City suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City, pursuant to Section entitled "PAYMENT" herein. 6. DEFAULT OF CONSULTANT a. The Consultant's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant's control, and without fault or negligence of the Consultant, it shall not be considered a default. b. If the General Manager or his delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Consultant with written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 2 7. OWNERSHIP OF DOCUMENTS a. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files containing data generated for the work, Consultant shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files, provided that the Consultant does not convey proprietary software to the City, but only as a means for the City to access the work product. 8. INDEMNIFICATION The Consultant 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 elected officials, officers, 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 elected officials, officers, agents, or employees may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Consultant 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. 9. INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1) Insurance Services Office Commercial General Liability form No. CG 00 01 11 85 or 88. 3 2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Consultant owns no automobiles, a non -owned auto endorsement to the General Liability policy described above is acceptable. 3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. than: b. Minimum Limits of Insurance. Consultant shall maintain limits no less 1) General Liability: One million ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile Liability: One million ($1,000,000) per accident for bodily injury and property damage. 3) Worker's Compensation insurance is required only if Consultant employs any employees. Consultant 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. c. Deductibles and Self -Insured Retentions. Any deductibles or self-insured retentions shall not exceed Twenty Five Thousand Dollars and No Cents ($25,000). d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1) The City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers are to be covered as insured's, as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 2) For any claims related to this project, the Consultant's insurance coverage shall be primary insurance as respects the City of Temecula, the Temecula Community Services District, the Redevelopment Agency of the City of Temecula, their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the City of Temecula, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. 3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City of Temecula, the Temecula Community Services District, and the Redevelopment Agency of the City of Temecula, their officers, officials, employees or volunteers. 4 4) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5) endorsed to state: should will endeavor to mail thirty 6) limits the Consultant shall notify the City via certified policy. Each insurance policy required by this agreement shall be the policy be canceled before the expiration date the issuing insurer (30) days' prior written notice to the City. If insurance coverage is canceled or, reduced in coverage or in within two (2) business days of notice from insurer phone, fax, and/or mail, return receipt requested of the changes to or cancellation of the e, Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of A -:VII or better, unless otherwise acceptable to the City. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Consultant shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Consultant's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. 10. INDEPENDENT CONTRACTOR a. Consultant is and shall at all times remain as to the Agency a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and control. Neither Agency nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Consultant or any of Consultant's officers, employees, or agents except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City. Consultant shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind Agency in any manner. b. No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement, Agency shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. Agency shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder. 11. LEGAL RESPONSIBILITIES The Consultant shall keep itself informed of all local, State and Federal ordinances, laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such ordinances, laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section. 5 12. RELEASE OF INFORMATION a. All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City's prior written authorization. Consultant, its officers, employees, agents or subcontractors, shall not without written authorization from the 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 Consultant gives Agency notice of such court order or subpoena. b. Consultant 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 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. Agency retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with Agency and to provide Agency with the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by Agency to control, direct, or rewrite said response. 13. NOTICES Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. Mailing Address: City of Temecula Community Services District Attn: General Manager P.O. Box 9033 Temecula, CA 92589-9033 Use this Address for a Delivery Service: City of Temecula Community Services District or Hand -Deliveries ONLY Attn: General Manager 41000 Main Street Temecula, CA 92590 To Consultant: Melody Brunsting Melody's Ad Works Inc. 21705 Como Street Wildomar, CA 92595 6 14. ASSIGNMENT The Consultant shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Consultant's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City Council and the Consultant. 15. LICENSES At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 16. GOVERNING LAW The Agency and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the City of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 17. PROHIBITED INTEREST No officer, or employee of the City of Temecula that has participated in the development of this agreement or its approval shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Consultant, or Consultant's sub -contractors for this project, during his/her tenure or for one year thereafter. The Consultant hereby warrants and represents to the 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 transaction, the proceeds thereof, or in the business of the Consultant or Consultant's sub -contractors on this project. Consultant further agrees to notify the 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, 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. 7 19. AUTHORITY TO EXECUTE THIS AGREEMENT The person or persons executing this Agreement on behalf of Consultant warrants and represents that he or she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder. The 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. 8 IN WITNESS WHEREOF, the parties hereto and year first above written. COMMUNITY SERVICES DISTRICT CITY OF TEMECULA By: Shawn D. Nelson, General Manager ATTEST: By: Susan W. Jones, MMC, City Clerk/District Secretary APPROVED AS TO FORM: By: Peter M. Thorson, City Attorney 9 have caused this Agreement to be executed the day Melody Brunsting Melody's Ad Works Inc. (Two Signatures of corporate officers required unless corporate documents authorize only one person to sign the agreement on behalf of the corporation.) By: By: Melody Brunsting, President/Treasurer Calvin Brunsting, Vice-President/Secretary CONSULTANT Melody's Ad Works, Inc. Melody Brunsting 21705 Como Street Wildomar, CA 92595 (951) 678-1456 melsadworks(i+gmail.com FSM Initials: Date: EXHIBIT A Scope of Work 10 EXHIBIT B Budget 11 ,`'lZfj— Ad Works, Inc Marketing & Public Relations Budget Proposal Old Town Temecula Special Event Promotions 2011-12 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations 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 2.2 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 Distribute Performance agreements and W -9s for all contracted 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) ❑ Create radio and television commercials (production costs additional) ❑ Create reproduction -ready art for Flyers and Posters (where required) ❑ Post 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 Distribute quarter press release on events for 6 -month lead time publications. o Produce e-mail blasts to Old Town Temecula and general interest subscribers of www.temeculacalifornia.com. Emails will 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 8.5x11"event locater signage for event activities ❑ Coordinate with City of Temecula Staff ❑ Meet with Old Town Temecula 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/OTTA to expand events through individual business 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 Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations EVENT DESCRIPTIONS: SUMMERFEST Hot Summer Nights: July 8 -September 2, 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 July 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 draw different ages and demographics. • Three 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. 2nd 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 conflict. 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 potential audience. 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 conduct games at the corner of 4th and Front 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 extend the budget and provide more entertainment. Vendor is a children's vitamin company. 21705 Como Street A Wildomar A California 92595 Phone A (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad WotKiInc Marketing & Public Relations 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 Center 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 Town Temecula Community theater and to enhance the visual appeal of the colorful works of art, the guild will utilize pipe and drape to display the quilts. Melody's Ad Works Inc. will work with the Quilters on permits, advertising, 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. Future 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 quilters. The Quilt Show organizers distributes 10,000 post cards throughout Southern California beginning in June of the previous year. 2010 ACCOMPLISHMENTS QUILT SHOW: Expanded the "quilt walk" component of the event. This portion of the event provides quilts in Old Town Stores for two weeks prior to the event, and a quilt walk map to encourage visits prior to the quilt show. Increased from 17 to 21 locations. • Event 5,000 utilized postcards to promote Festival and began distribution in August to quilt shows around the west coast. • Received 209" of publicity in local media, a 76% increase over 2009. • Guest Quilter and appraiser sold out tickets at Pujol Community Center 21705 Como Street A Wildomar A California 92595 Phone A (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com t_5 -g / ®i' Ad Work Marketing & Public Relations CITY OF WI NTERFEST Old Town Christmas & New Years Eve Friday, November 25, 2011 to January 2, 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 of the "Y" as 2010. For his arrival a temporary closure of Main Street from Front Street to the "Y" is recommended for safety. Crowd level this year filled the street, preventing the carriage and Santa from moving. Barricades to hold crowd back are also suggested. 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 souvenir photos. Old Town Temecula Antlers will be distributed to kids during Santa's arrival and throughout the 5 -week promotion. Dickens carolers and characters will also be positioned around Old Town throughout the campaign. Publicity for the event will begin in August 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 include 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. During this 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. 21705 Como Street A Wildomar A California 92595 Phone ^ (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations NEW YEAR'S EVE: The 2010 event included more live bands, a deejay to synchronize the countdowns, 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 grapes will be enlarged to stand out more against the new Civic Center and to match the giant illuminated 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 materials 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 including town -wide broadcast of two countdowns. • Enlarged the Grapes for grape drop. Increased 9 p.m. crowd approximately 50%, Midnight crowd by 66%. Advertising included 5 weeks of FIOS/Cable (Verizon) television commercials on A&E, Family, USA, CNN, and TBS. Utilized Cross Market Channels to reach Los Angeles and South Orange County market. • Received 812" column inches of publicity in The Press Enterprise, North County Times, Inland Empire Magazine, and My Valley News, a 439% increase of 2009-10 (289 column inches) and 1,954,924 impressions. 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Works,; Inc Marketing & Public Relations c T Y O F Bluegrass Festival March 16-18, 2012 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. Festival 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 Bluegrass 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 Grascals" performed at theater Friday evening • Jam session held Saturday evening at Embassy Suites • Sold out Saturday crowd - proceeds went 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, Californian, Press Enterprise and Neighbors. • Willy's Place/Sirius Satellite mentions on air week of Festival. 2012 CHANGES/ADDITIONS • Coordinate with Theater 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 bands. 21705 Como Street A Wildomar A California 92595 Phone A (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations Western Days May 19 & 20, 2012 Western 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 Bank. The 2011 event moved the chili cookoff to Town Square and added a people's choice restaurant award to hopefully provide more chili to the crowd. In 2010 all People's Choice chili was gone in an hour. 2012 GOALS AND OBJECTIVES: • Increase Chili Cookoff participation • Expand exhibits and pursue cultural events and exhibits • Increase 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, making all winners of the contests eligible for the World Championships. 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com / Yehete Ad, Workl,f/Inc Marketing & Public Relations Street Painting Festival & Plein Air Festival June 22-24, 2012 The 2010 Festival expanded by adding a night time painting "Black 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 evening element helped kick start Hot Summer Nights with music on Friday and Saturday evenings in the Town 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 Barbara Festival. Artists will begin painting at 5 p.m. on Friday within the Main Street "Y". The Ralph Love Plein Air festival is also produced by Melody's Ad Works, Inc and will continue in 2012. 2010 ACOMPLISHMENTS: • Largest number of participating muralists 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. 2012 ENHANCEMENTS: Melody's Ad Works Inc., 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 Council's objective to create a show with a strong enough reputation for quality and sales that it will eventually rival La Quinta 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. 21705 Como Street A Wildomar A California 92595 Phone A (951) 252-5649 (951) 678-1456 A Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations 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 entertainers and schedules. Melody's Ad Works has provided this timeline to assist city staff in adhering to proofreading, promotion and budgeting deadlines. 12-18 MONTHS Develop Year -Round Calendar of Events • 9-12 MONTHS Book Headline, Highest Demand Entertainment Confirm Dates Establish Budgets 6-9 MONTHS • Produce and Distribute annual Calendar Listing to long lead publications, travel writers, entertainment calendars. • Coordinate cross promotion with Temecula CVB, Old Town Merchants, Niche Organizations supporting the event. • Produce upcoming quarterly collateral material (rack 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 Announcements & Distribute • Contact entertainers and participants • Distribute applications (2nd mailing) • Press Release Contests and Applications Availability • PSA (Public Service Announcement on contests) 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations 2 MONTHS • Monthly Ads in Neighbors or Monthly Publication • Distribute Public Service Announcements Again • Press Release Contests and Applications Availability • PSA (Public Service Announcement on contests) • Complete flyers, final proof of any collateral • Hotel room confirmation if required • 6 WEEKS — 4 WEEKS • Distribute flyers, posters, rack cards, collateral • Weekly Press Releases on Event • Complete radio and television copy and production depending on ad schedule • Check/recheck Performance agreements, contracts 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 facilities • 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, organization runs better if we have a deadline. • Inventory/cross check supplies 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 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations WEEK OF • Confirm arrival time for o Facilities o Entertainers o Public Works o Road Closures or supplies o Final Press Release and Ads • Pick up prizes, checks, awards • Review permits, requirements, confirm 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 promote an event 4-6 weeks of publicity, advertising, collateral material on display. Any delays, excessive revisions 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 revisions are defined as more than two design and/or copy changes due to subjective taste and not errors or omissions. PUBLIC RELATIONS & ADVERTISING WORKSHOPS: Melody's Ad Works, Inc. also will offer city of Temecula staff the following 1 -hour workshops free of charge to increase 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 Como Street ^ Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com Ad Works, Inc Marketing & Public Relations Melody's Ad Works Inc. will bill monthly on the first of the month, for services described herein. Expenses incurred by Melody's 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 separately and are not part of the contract price for services. They 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. Separate 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 International Festivals & Events Association Gold Pinnacle Award Best New Promotion/Facebook Twitter Campaign, 2009 Gold Pinnacle for Best Press Kit. Winner of the Calfest Celebration Award for Best Event Marketing Campaign, 2006, 2007, 2008, 2009, 2010. 2010 Best New Idea/Social Media Campaign, Celebration Award. 21705 Como Street ^ Wildomar ^ California 92595 Phone ^ (951) 252-5649 (951) 678-1456 ^ Fax (951) 678-5467 E-mail Melody@temeculacalifornia.com - Website: www.Temeculacalifornia.com 2010-11 City of Temeclua Old Town Event Budget DATE EVENT Events 2010- SUBTOTAL EXPENSES 2011 10-11 Actuals actual subtotoals 2011-12 Recommend ed Subtotal per event 2011/12 July 8 -September 2, 2011 Hot Summer Nigh Advertising 15000 !(.` 27060 1122 294 42856 0 1620 430 2050 11516 870 13803 1056.23 52 1500 487 29284.23 1988 6526 285 8799 14400 Postage/Entertain, entertainment contracts, press releases, part of ad budget Entertainment 24000 27000 Facilities 3500 1500 No events July 2 Games 750 350 event total 43250 43250 4285. 43250 43250 1 -Oct Quilt Show permits 300 300 October 3, 2009 V Advertising 2000 2000 Quitters Guild rentals 750 2050 750 event total 3050 3050 3050 3050 Novemer 25, 2011, Jan 2, 2012 WINTERFEST Advertising 11500 12000 Postage Santa Arrival Frith- Facilities/rentals 2500 1200 Weekends thur 12/18 plus 12/19, and 12/20 Entertainment 13000 13500 antlers, photo cards, 1750 1500 (chair) house refresh 250 300 postage rink flyers 1500 1500 Decor 500 29284.23 500 EVENT TOTAL 31000 31000 30500 30500 ICE RINK NEW YEARS & Christmas addon1111 Facilities/rentals 2500 2000 Entertainment 6000 6650 grape 250 600 EVENT TOTAL 8750 8750 870 9250 9250 March 16-18, 2012 Bluegrass Festiva Advertising 3250 3250 Postage, press releases, entertainer contracts, part of ad budget Facilities/outdoor 7500 6555 2200 200 17150 1000 6500 Facilities/city owned Hotels for entertaine 2200 2200 Hospitality/ice,water 200 200 Entertainers 17000 18000 Security 1000 1000 EVENT TOTAL 31150 31150 31150 31150 May 19 & 20, 2012 Western Days Advertising 2500 200 2500 Postage, press releases, entertainer contracts, applications, part of advertising budget 350 4750 2851 Regisration chili c 350 350 Entertainment 5200 5200 Facilities 1800 1800 2010-11 City of Temeclua Old Town Event Budget Chili Cookoff Prizes 250 10100 4000 2250 1500 2500 10250 250 (supplies, cups, spoons, napkins, saniwipes, water for cookoff- taken from facilities budget) Event Permit 250 EVENT TOTAL 10100 10100 10100 June 22-24, 2012 Streetpainting Fes Advertising 4350 Postage, press releases, entertainer contracts, applications, part of advertising budget Entertainment 2750 Supplies, chalk, water, paper towels it=,'=i- 1650 Facilities 1600 1500 10250 10250 10250 EVENT TOTAL 137550 130340.2 137550 White is budgeted subtotal Yellow is projected from budget Green is actuals to date Melody's Retainer $39,700 42479 Reimburseable $5,000 Total $44,700 REDEVELOPMENT AGENCY Item No. 20 ACTION MINUTES of JULY 26, 2011 City Council Chambers, 41000 Main Street, Temecula, California TEMECULA REDEVELOPMENT AGENCY MEETING The Temecula Redevelopment Agency Meeting convened at 7:19 P.M. CALL TO ORDER: Chair Person Mike Naggar ROLL CALL: AGENCY MEMBERS: Comerchero, Edwards, Washington, Roberts, Naggar RDA PUBLIC COMMENTS RDA CONSENT CALENDAR 16 Action Minutes - Approved Staff Recommendation (5-0-0) Agency Member Washington made the motion; it was seconded by Agency Member Edwards and electronic vote reflected unanimous approval. RECOMMENDATION: 16.1 Approve the action minutes of July 12, 2011. RDA DEPARTMENTAL REPORT RDA EXECUTIVE DIRECTORS REPORT RDA AGENCY MEMBERS REPORTS RDA ADJOURNMENT At 7:20 P.M., the Redevelopment Agency meeting was formally adjourned to Tuesday, August 9, 2011, at 5:30 PM, for a Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 41000 Main Street, Temecula, California. Michael S. Naggar, Chair Person ATTEST: Susan W. Jones, MMC RDA Action Minutes\072611 1 City Clerk/Agency Secretary [SEAL] RDA Action Minutes\072611 2 COUNCIL BUSINESS Item No. 21 Approvals City Attorney Director of Finance City ManagerOCL ffile-r. fie. CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Grant Yates, Deputy City Manager DATE: August 9, 2011 SUBJECT: Emergency Management Program Update, at the request of Council Member Naggar PREPARED BY: Tamra Irwin, Senior Management Analyst RECOMMENDATION: That the Temecula City Council receive the staff report and provide comments as appropriate. BACKGROUND: City Council Member Mike Naggar has requested that staff update the Council and Community on the City's Response Plan for Emergencies. The presentation will include a summary of the City's Emergency Plan, outline the functions of the Emergency Organization, highlight all Cooperative Partnerships, discuss Temecula Alert, which is the City's emergency communication plan, and provide personal preparedness information that is desinged to assist the community make personal plans to prepare for an emergency. FISCAL IMPACT: None.