HomeMy WebLinkAbout081407 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 ",II
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
43200 BUSINESS PARK DRIVE
AUGUST 14,2007 -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.
Next in Order:
Ordinance: 07-12
Resolution: 07-65
CALL TO ORDER:
Mayor Chuck Washington
Prelude Music:
Joseph Donnantuoni
Invocation:
Pastor Steve Struikmans of Rancho Community Church
Flag Salute:
Council Member Edwards
ROLL CALL:
Comerchero, Edwards, Naggar, Roberts, Washington
PRESENTA TIONS/PROCLAMA TIONS
Certificate of Achievement oresented to Andrew Wriaht for attainina the rank of Eaale Scout
PUBLIC COMMENTS
A total of 30 minutes is provided so members of the public may address the Council on
items that appear within the Consent Calendar or ones that are not listed on the agenda.
Speakers are limited to two (2) minutes each. If you desire to speak to the Council on
an item which is listed on the Consent Calendar or a matter not listed on the agenda, a
pink "Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all Public Hearing or Council Business matters on the agenda, a "Request to Speak"
form must be filed with the City Clerk prior to the Council addressing that item. There is
a five minute (5) time limit for individual speakers.
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, ten (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 Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of July 24, 2007.
3 Resolution aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
4 Citv Treasurer's Reoort as of June 30. 2007
RECOMMENDATION:
4.1 Approve and file the City Treasurer's Report as of June 30, 2007.
5 Trustee/Fiscal Aaent Services for Fiscal Year 2007-08
RECOMMENDATION:
2
5.1 Approve the expenditure of $39,065 for annual Trustee/Fiscal Agent services
provided by US Bank for the City's Community Facilities Districts, Assessment
District, Tax Allocation Bonds, and Certificates of Participation for fiscal year 2007-
08.
6 Edward Bvrne Memorial Justice Assistance Grant Aoolication
RECOMMENDATION:
6.1 Approve the Edward Byrne Memorial Justice Assistance Grant Application for a
proposed amount of $24,761;
6.2 Increase estimated General Fund Grant Revenue by $24,761;
6.3 Appropriate $24,761 from General Fund Grant Revenue to the Police Department.
7 Aoorove FY2007-08 Economic Develooment Ooeratina Aareement with the Temecula Vallev
Chamber of Commerce
RECOMMENDATION:
7.1 Approve the operating agreement and authorize the Mayor to execute the
agreement with the Temecula Valley Chamber of Commerce in the amount of
$151,400.
8 Aoorove FY 2005-06 and FY 2006-07 Desianated Allocation for Circle of SAFE- T
RECOMMENDATION:
8.1 Approve the funding agreements in the amount of $15,000 for FY 2005-06 and
$15,000 for FY 2006-07 for the Circle of SAFE- T Partnership/Rancho Springs
Medical Center and authorize the Mayor to execute the agreement.
9 Aooroval of Temecula Vallev Convention & Visitors Bureau FY2007-08 Budaet. Budaetarv
Control Policv. and Marketina Aareement
RECOMMENDATION:
9.1 Approve the Temecula Valley Convention & Visitors Bureau (CONVIS) FY2007-08
Budget regarding Tourism Improvement District Funds;
9.2 Approve Temecula Valley CONVIS Budgetary Control Policy;
9.3 Approve the attached agreement which provides City Marketing Funding Support of
$120,000 to the Temecula Valley CONVIS.
10 Procurement of Panasonic Touahbook Tablet PCs
RECOMMENDATION:
3
10.1 Authorize the purchase of ten (10) Panasonic Toughbook Tablet PCs from GTSI
Corp for the total amount of $47,771.26
11 Procurement of Comouterized Maintenance Manaaement Software
RECOMMENDATION:
11 .1 Approve the purchase of a Computerized Maintenance Management System
(CMMS) in agreement with GBA Masters, Inc. in the amount of $53,895;
11.2 Allocate a 10% contingency in the amount of $5,389.50.
12 Grant of Easement and Bill of Sale to Verizon California. Inc. Associated with the
Maintenance Facilitv Field Ooerations Center - Phase II. Proiect No. PW03-06
RECOMMENDATION:
12.1 Approve a Grant of Easement and Bill of Sale to operate and maintain
communication facilities on the City's Maintenance Facility (APN 921-020-078), and
authorize the City Manager to execute the aforementioned documents.
13 Purchase and Sale Aareement for retainina wall and aradina easements necessarv for
olanned street imorovements to Butterfield Staae Road
RECOMMENDATION:
13.1 Approve Purchase and Sale Agreement between the City of Temecula and Wayne
and Joyce Jones, for the purchase of retaining wall and grading easements for the
widening of Butterfield Stage Road north of Rancho California Road at a purchase
price of $218,000 plus escrow fees;
13.2 Authorize an advance of General Fund Reserves in the amount of $223,000 to
cover the $218,000 cost of the easements plus the associated escrow fees not to
exceed $5,000;
13.3 Authorize the City Manager to execute the Purchase and Sale Agreement, approve
and execute any necessary documents and to take all necessary actions to
complete this acquisition, including without limitation, all escrow instructions.
14 Aooroval of the Plans and Soecifications and Authorization to Solicit Construction Bids for
the Traffic Sianallnstallation at Rancho California Road and Business Park Drive. West -
Proiect No. PW07-02
RECOMMENDATION:
14.1 Approve the plans and specifications and authorize the Department of Public Works
to solicit construction bids for the Traffic Signal Installation at Rancho California
Road and Business Park Drive, West Project No. PW07-02.
4
15 First Amendment to Professional Services Aareement - Santiaao Detention Basin. Proiect
No. PW06-12
RECOMMENDATION:
15.1 Approve the First Amendment with Kimley-Horn and Associates, Inc. to provide
professional engineering and design services for the preparation of plans,
specifications and estimates for the construction of the Santiago Detention Basin,
Project No. PW06-12, for an amount not to exceed $81,810.00, and authorize the
Mayor to execute the amendment;
15.2 Authorize the City Manager to approve extra work authorizations not to exceed the
contingency amount of 10% of the amendment ($8,181.00).
16 Comoletion and Acceotance of the Old Town Civic Center - Site Demolition and Preoaration.
Food Pantrv and McLauahlin Buildinas. Proiect No. PW06-07!1A1.
RECOMMENDATION:
16.1 Accept the project, Old Town Civic Center - Site Demolition and Preparation, Food
Pantry and McLaughlin Buildings, Project No. PW06-07 (1A) as complete;
16.2 Direct the City Clerk to file and record the Notice of Completion.
17 Air Cleanina Svstems Aareement
RECOMMENDATION:
17.1 Approve an agreement with Air Cleaning Systems in the amount of $46,960.45 for a
Plymovent diesel exhaust removal system to be installed at Fire Station 73;
17.2 Approve 10% contingency and allow the City Manager to execute change orders.
18 Authorize Temoorarv Street Closure of Main Street between Old Town Front Street and Puiol
l3treet for the "Temecula-On-Staae" event scheduled for Seotember 1. 2007 and Deleaate
Authority to Issue a Soecial Events/Street Closures Permit to the Director of Public Works
RECOMMENDATION:
18.1 Adopt a resolution entitled:
RESOLUTION NO. 07-_
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AUTHORIZING TEMPORARY STREET CLOSURE OF MAIN STREET BETWEEN
OLD TOWN FRONT STREET AND PUJOL STREET FOR THE "TEMECULA-Ofll
STAGE" EVENT SCHEDULED FOR SEPTEMBER 1, 2007 AND AUTHORIZING
THE DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
5
19 Second Readina of Ordinance No. 07-08
RECOMMENDATION:
19.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA,
AMENDING SECTION 10.28.01(D) OF THE TEMECULA MUNICIPAL CODE
REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS
20 Second Readina of Ordinance No. 07-09
RECOMMENDATION:
20.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 5.12 ("CABLE, VIDEO, AND TELECOMMUNICATIONS
SERVICES PROVIDERS") OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE
BY ADDING A NEW ARTICLE 8
21 Second Readina of Ordinance No. 07-11
RECOMMENDATION:
21.1 Adopt an Ordinance entitled:
ORDINANCE NO. 07-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA
MUNICIPAL CODE PERTAINING TO SMOKING
TEMECULA COMMUNITY SERVICES DISTRICT MEETING
CSD PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the Board of
Directors on items that are not listed on the agenda or on the Consent Calendar.
Speakers are limited to two (2) minutes each. If you decide to speak to the Board of
Directors on an item not on the agenda or on the Consent Calendar, a pink "Request to
Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
6
For all other agenda items, 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 (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
CSD CONSENT CALENDAR
22 Minutes
RECOMMENDATION:
22.1 Approve the minutes of July 24, 2007.
23 Second Amendment to Professional Services Aareement for Landscaoe Architectural Desian.
and Construction Administration Services for the Patricia H. Birdsall Soorts Park - Proiect
No. PW01-17CSD
RECOMMENDATION:
23.1 Approve the Second Amendment to the agreement with RJM Design Group, Inc. in
the not to exceed amount of $39,359.48 for additional landscape architectural
design and construction administration services necessary to complete the Patricia
H.Birdsall Sports Park, Project No. PW01 -17CSD and authorize the President to
execute the amendment;
23.2 Extend the term of the agreement with RJM Design Group to expire on December
31, 2007.
24 Aareement with Tremco/Weatheroroofina Technoloaies. to Provide Preventive Roof
Maintenance Services
RECOMMENDATION:
24.1 Approve the Agreement with TremcolWeatherproofing Technologies, Inc. in the
amount of $50,000.00 plus a 10% contingency in the amount of $5,000.00 for
Preventive Roof Maintenance Services for Fiscal Year 2007-2008.
CSD DIRECTOR OF COMMUNITY SERVICES REPORT
CSD GENERAL MANAGERS REPORT
CSD BOARD OF DIRECTORS REPORTS
CSD ADJOURNMENT
7
TEMECULA REDEVELOPMENT AGENCY MEETING
RDA PUBLIC COMMENTS
A total of 15 minutes is provided so members of the public may address the
Redevelopment Agency on items that are not listed on the agenda or on the Consent
Calendar. Speakers are limited to two (2) minutes each. If you decide to speak to the
Board of Directors on an item not on the agenda or on the Consent Calendar, a pink
"Request to Speak" form should be filled out and filed with the City Clerk.
When you are called to speak, please come forward and state your name for the record.
For all other agenda items, 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 (5) minute time limit
for individual speakers.
Anyone wishing to address the Board of Directors should present a completed pink
"Request to Speak" form to the City Clerk. When you are called to speak, please come
forward and state your name and address for the record.
RDA CONSENT CALENDAR
25 Minutes
RECOMMENDATION:
25.1 Approve the minutes of July 24, 2007.
RDA EXECUTIVE DIRECTORS REPORT
RDA AGENCY MEMBERS REPORTS
RDA ADJOURNMENT
RECONVENE TEMECULA CITY COUNCIL
PUBLIC HEARING
Any person may submit written comments to the City Council before a public hearing or
may appear and be heard in support of or in opposition to the approval of the project(s)
at the time of the hearing. If you challenge any of the project(s) in court, you may be
limited to raising only those issues you or someone else raised at the public hearing or
in written correspondence delivered to the City Clerk at, or prior to, the public hearing.
COUNCIL BUSINESS
CITY MANAGER REPORT
CITY ATTORNEY REPORT
8
ADJOURNMENT
Next regular meeting: City Council Regular, Tuesday, August 28, 2007, at 5:30 P.M., for a
Closed Session, with regular session commencing at 7:00 PM, City Council Chambers, 43200
Business Park Drive, Temecula, California.
g
PROCLAMA TIONS
AND
PRESENTATIONS
The City of Temecula
Certificate of Achievement
The City Council of the City ofTemecula commends
the outstanding achievement of
Andrew Wright
of Troop #301
We congratulate Andrew for his achievement on receiving the rank of Eagle Scout. We are proud
to present Andrew with this Award, and we wish him success in his future accomplishments.
IN WITNESS WHEREOF, I have hereunto
affixed my hand and official seal this 14th day
of August, 2007.
Chuck Washington, Mayor
Susan W. Jones, MMC City Clerk
CONSENT CALENDAR
I~-- .
,
II
ITEM NO.1
II
,
II
-
.
.
.
I
I
II
II
__. . I
I~-- .
,
II
ITEM NO.2
II
,
II
-
.
.
.
I
I
II
II
__. . I
MINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
JULY 24, 2007
The City Council convened in Closed Session at 6:00 p.m. and its regular meeting commenced
at 7:00 p.m., on Tuesday, July 24, 2007, in the City Council Chambers of Temecula City Hall,
43200 Business Park Drive, Temecula, California.
Present:
Council Members:
Comerchero, Edwards, Naggar, Roberts,
Washington.
Absent:
Council Member:
None.
PRELUDE MUSIC
The Prelude Music was provided by Anthony Savitt and his father, Ron Savitt.
INVOCATION
The invocation was provided by Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley.
PLEDGE OF ALLEGIANCE
The pledge of allegiance was presented by Council Member Comerchero.
PRESENTA TIONSIPROCLAMA TIONS
Proclamation for Bob Tavlor
With is recent passing, Mayor Washington honored Mr. Bob Taylor by proclaiming July 24,
2007, to be Bob Taylor Day.
Proclamation for Linda Kissam
Having served as Executive Director of the Temecula Valley Winegrower's Association and
active marketing partner with the City of Temecula for the past eight years, Mayor Washington
proclaimed July 24, 2007, to be Linda Kissam Day.
Thanking the City Council for the recognition, Ms. Kissam thanked the City and County for its
ongoing support over years.
Vail Ranch Restoration Association Presentation
Representing the Vail Ranch Restoration Association, President Farnbach provided a short
video on the 150'h Anniversary of the Jack Ass Mail Route.
At this time, Mr. Farnbach introduced Mr. Jerry Tessier, representing Art Tecco Partners, who,
in turn, displayed the perspective rendering of the proposed renovation and adaptive reuse of
the proposed site which will host retail and restaurants, wine store use, coffee house, and
historical appropriate uses; that construction will begin in nine months and that construction
should be completed within 9 to 12 months.
The City Council thanked Mr. Tessier for his presentation.
RIMinutesl072407
PUBLIC COMMENTS
A. Mr. John Thomas, representing the VFW, relayed the need of a new post for its
members, noting that the vision would be to create a Veteran's center that will provide services
to veterans in the ID{. Mr. Thomas requested the help of the Council to acquire property for the
post.
In response to Mr. Thomas' request, Mayor Washington advised that he had contacted
Executive Assistant Steffen to schedule an appointment with the Armed Services
Subcommittee.
B. Mr. Dean Clockneger, Temecula, thanked the City Council for allowing the VFW to
participate in the Fourth of July Parade. Mr. Clockneger also noted that the VFW would be
willing to assist the City with any Disastrous Preparedness Drills.
CITY COUNCIL REPORTS
A. Council Member Edwards advised that due to the efforts of Senator Boxer, $2 million of
the needed $13 million to improve Murrieta Creek will be set aside in the Federal Budget for the
second phase Creek improvements; and noted that a member of Senator Boxer's staff will
touring Murrieta Creek.
B. Mayor Washington thanked Dr. Ezon for bringing the Boy Scouts to the City Council
meeting.
CONSENT CALENDAR
1 Standard Ordinance and Resolution Adootion Procedure
RECOMMENDATION:
1 .1 Motion to waive the reading of the text of all ordinances and resolutions included in
the agenda.
2 Minutes
RECOMMENDATION:
2.1 Approve the minutes of June 26, 2007.
2.2 Approve the minutes of July 10,2007.
3 Resolution Aoorovina List of Demands
RECOMMENDATION:
3.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -60
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A
RIMinutesl072407
2
4 Citv Treasurer's Statement of Investment Policv
RECOMMENDATION:
4.1 Adopt the Treasurer's Statement of Investment Policy as proposed by staff which
provides safety, liquidity, compliance, and yield for City funds.
5 Authorization of Soecial Tax Levv in Communitv Facilities District No. 88-12 IYnez Corridor)
RECOMMENDATION:
5.1 Adopt a resolution entitled:
RESOLUTION NO. 07 -61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AUTHORIZING THE LEVY OF A SPECIAL TAX IN COMMUNITY FACILITIES
DISTRICT NO. 88-12 (YNEZ CORRIDOR)
6 Aoorove the Soonsorshio Reauest for the 2007 Temecula OnStaae Event
RECOMMENDATION:
6.1 Approve the event sponsorship agreement for actual City-support costs in the
amount up to $6,135 for Temecula OnStage and authorize the Mayor to execute the
agreement.
7 Aoorove the Soonsorshio Reauest for the 2007 Inland Emoire Affiliate of Susan G. Komen
for the Cure
RECOMMENDATION:
7.1 Approve the event sponsorship and funding agreement in the amount of $25,000
cash, City-support costs in the amount of approximately $13,708, and promotional
services valued at $11,292 for the Inland Empire Affiliate of Susan G. Komen for the
Cure.
RIMinutesl072407
3
8 Acceot the Offer of Dedication and execute a Quitclaim Deed whereby the City qrants to
Riverside Countv Flood Control and Water Conservation District (RCFC&WCD) a drainaae
easement for the Roval Crest Place Storm Drain (Tract Mao No. 24188-3 - Paseo Del Sol
Develooment)
RECOMMENDATION:
8.1 Adopt a resolution entitled:
RESOLUTION NO. 07 - 62
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
ACCEPTING THE OFFER OF DEDICATION AND EXECUTING THE QUITCLAIM
DEED WHEREBY THE CITY GRANTS TO RIVERSIDE COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT (RCFC&WCD) A
DRAINAGE EASEMENT FOR ROYAL CREST PLACE STORM DRAIN (TRACT
MAP NO. 24188-3)
9 Award a Contract for Reolacement of Overhead Street Name Sians on Route 79 South -
Proiect No. PW06-13
RECOMMENDATION:
9.1 Award a contract to DBX, Inc. to furnish and install Internally Illuminated Street
Name Signs (IISNS), mast arms, and sign equipment on Route 79 South, in the
amount of $67,300 and authorize the Mayor to execute the contract;
9.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $6,730, which is equal to ten percent (10%) of the contract
amount.
10 Aqreement for Consultina Services between the City of Temecula and ESA Associates for
the oreoaration of a Suoolemental Environmentallmoact Reoort for the Temecula Reaional
Hosoital Proiect
RECOMMENDATION:
10.1 Approve a Contract with ESA Associates to prepare a Supplemental Environmental
Impact Report (SEIR) for the Temecula Regional Hospital project in the amount of
$67,500;
10.2 Authorize the City Manager to approve extra work authorizations not to exceed the
contingency amount of $6,750, which is equal to 10% of the agreement amount.
11 Certification of California State Office of Librarv Construction Interest in the Temecula Public
Librarv
RECOMMENDATION:
11.1 Approve in substantial form the Certification of California State Library Office of
Library Construction Interest in the Temecula Public Library as Authorized by
Education Code Section 19999 and 5 Cal Code Regs. Section 20438(d) and direct
staff to have the document recorded by the Riverside County Recorder.
RIMinutesl072407
4
12 Community Grant Aareement with the Temecula Sister City Association
RECOMMENDATION:
12.1 Approve a grant in the amount of $7,500 for the Temecula Sister City Association
for fiscal year 2007-2008.
13 First Amendment to the FirelEMS Protection Aareement for Fiscal Year 2007-08
RECOMMENDATION:
13.1 Approve the First Amendment to the Cooperative Agreement with the County of
Riverside to provide fire protection, fire prevention, and rescue services for Fiscal
Year 2007-2008, amending Exhibit A describing contract staffing costs.
14 Amendment NO.2 to Coooerative Aareement with Friends of the T emecula Children's
Museum
RECOMMENDATION:
14.1 Approve Amendment No.2, extending the term of the agreement to June 30, 2010,
to the Cooperative Agreement with the Friends of the Temecula Children's Museum
for the operation of the museum gift shop.
MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council
Member Roberts seconded the motion and electronic vote reflected approval with the
exceotion of Mayor Washington who abstained from Item No. 6 and 7 and Council Members
Comerchero and Edwards who abstained from Item No. 14.
At 7:34 p.m. the City Council convened as the Temecula Community Services District and the
Temecula Redevelopment Agency and the Temecula Public Financing Authority. At 7:59 p.m.
the City Council resumed with regular business.
COUNCIL BUSINESS
29 Ordinance No. 07- Prima Facie Soeed Limits on Certain Streets
RECOMMENDATION:
29.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTION 10.28.010(D) OF THE TEMECULA MUNICIPAL CODE
REGARDING PRIMA FACIE SPEED LIMITS ON CERTAIN STREETS
RIMinutesl072407
5
Director of Public Works Hughes provided a staff report (as per written material).
Understanding the need to survey City streets every five years, Council Member Roberts
expressed concern with the proposed recommendation of raising the speed limit on Pechanga
Parkway (south of Wolf Valley Road), commenting on the close proximity of a park, high school,
elementary school, and sports park and park; and, therefore, recommended that the existing
speed limit of 40 mph be retained; and suggested that this road be reevaluated after all
improvements have been completed.
Concurring with Council Member Roberts, Mayor Pro Tem Naggar addressed the issue of non-
resident drivers utilizing the Pechanga Parkway to access the casino and, thereby, creating the
prima facie speed limit; and, therefore, objected to raising the speed limit for Pechanga
Parkway.
In response to Council Member Edwards' question, Director of Public Works Hughes noted that
in this particular case, the 85'h percentile was above 52 mph and that the 5 mph reduction
allowance for circumstances has been taken into consideration; that if staff were only using the
85'h percentile, the recommendation would have been to set the speed limit at 50 mph; that
based on the conditions that currently exist, staff has recommended the 45 mph speed limit; that
staff's primary concern would be to ensure that Police Officers have the tools necessary to
properly enforce speed limits; that if it the set speed limits are not supported by an engineer and
traffic survey, the courts may not honor the citations; that regardless of the posted speed limits,
officers need to write citations that will be honored by the court; that construction on Pechanga
Parkway will begin in the near future and that speed limit signs will be appropriately lowered
because of construction zone; and that the conditions along Pechanga Parkway will be greatly
improved with all the proposed changes.
Director of Public Works Hughes stated that if it were the Council's desire to retain the speed
limit at 40 mph on Wolf Valley RoadlPechanga Parkway to Redhawk, he would recommend
eliminating that section from the Ordinance at this time.
City Attorney Thorson concurred with Director of Public Works Hughes, noting that the issue
may be addressed by the Council at a future date.
At this time, City Attorney Thorson introduced and read by title only Ordinance 07-08.
MOTION: Council Member Comerchero moved to approve staff recommendation subject to the
removal of Wolf Valley RoadlPechanga Parkway to Redhawk Parkway, and that this item be
forwarded to the City Council after the completion of the Pechanga Parkway improvements.
Council Member Edwards seconded the motion. (Additional discussion ensued; see below.)
Concurring with the motion, Mayor Pro Tem Naggar requested that traffic calming measures be
explored before this item is readdressed by the City Council.
At this time, the previously made motion reflected unanimous aooroval.
30 Amendment to Cable. Video. and Telecommunications Ordinance
RECOMMENDATION:
30.1 Introduce and read by title only an ordinance entitled:
RIMinutesl072407
6
ORDINANCE NO. 07-09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING CHAPTER 5.12 ("CABLE, VIDEO, AND TELECOMMUNICATIONS
SERVICES PROVIDERS") OF TITLE 5 OF THE TEMECULA MUNICIPAL CODE
BY ADDING A NEW ARTICLE 8
Deputy Director of Community Services Ruse provided a staff report (of written material).
At this time, City Attorney Thorson introduced and read by title only Ordinance 07-09.
MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member
Comerchero seconded the motion and electronic vote reflected unanimous aooroval.
31 An Ordinance to amend the orovisions of Ordinance No. 07-04 regulatina smokina in multi-
unit residences and to amend the orovisions of Ordinance No. 07-05 reaulatina smokina in
Public Places and the Workolace
RECOMMENDATION:
31.1 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-10
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TEMECULA AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE
TEMECULA MUNICIPAL CODE PERTAINING TO SMOKING
31.2 Introduce and read by title only an ordinance entitled:
ORDINANCE NO. 07-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA
AMENDING SECTIONS 8.36.020, 8.36.030, AND 17.30.020 OF THE TEMECULA
MUNICIPAL CODE PERTAINING TO SMOKING
City Attorney Thorson provided a staff report (of record).
City Attorney Thorson introduced and read by title only Ordinance 07-10.
MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member
Roberts seconded the motion and electronic vote reflected unanimous aooroval.
City Attorney Thorson introduced and read by title only Ordinance 07-11.
MOTION: Mayor Pro Tem Naggar moved to approve staff recommendation. Council Member
Edwards seconded the motion and electronic vote reflected unanimous aooroval.
RIMinutesl072407
7
32 Old Town Local Review Board Aooointment
RECOMMENDATION:
32.1 Appoint an applicant to serve an un-expired term on the Old Town Local Review
Board through June 15, 2008.
City Clerk Jones provided a staff report (of written record).
MOTION: Council Member Comerchero moved to appoint John Williams to serve the unexpired
term through June 15, 2008. Council Member Edwards seconded the motion and electronic
vote reflected unanimous aooroval.
DEPARTMENTAL REPORTS
33 Plannina Deoartment Monthlv Reoort
34 Citv Council TravellConference Reoort - June 2007
35 Police Deoartment Monthlv Reoort
36 Public Works Deoartment Monthlv Reoort
37 Buildina and Safetv Deoartment Monthlv Reoort
CITY MANAGER REPORT
No additional comments.
CITY ATTORNEY REPORT
With respect to Closed Session, City Attorney Thorson advised that there was no formal action
to report.
ADJOURNMENT
At 8:23 p.m. the City Council meeting was formally adjourned to Tuesday, August 14, 2007, at
5:30 P.M., for a Closed Session with regular session commencing at 7:00 p.m. in the City
Council Chambers, 43200 Business Park Drive, Temecula, California.
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
[SEAL]
RIMinutesl072407
8
I~-- .
,
II
ITEM NO.3
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
v
9G-
<J.l-.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
August 14, 2007
SUBJECT:
List of Demands
PREPARED BY:
Pascale Brown, Accounting Manager
Leah Thomas, Accounting Specialist
RECOMMENDATION:
That the City Council:
1. Adopt a resolution entitled:
RESOLUTION NO. 07-
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. 07-
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 $6,719,794.69.
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 14th day of August , 2007.
Chuck Washington, 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. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 14th day of August, 2007, 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
07/19/2007 TOTAL CHECK RUN: $ 366,539.70
07/26/2007 TOTAL CHECK RUN: 4,872,753.78
08/03/2007 TOTAL CHECK RUN: 952,091.09
07/26/2007 TOTAL PAYROLL RUN: 528,410.12
TOTAL LIST OF DEMANDS FOR 08/14/2007 COUNCIL MEETING: $ 6,719,794.69
DISBURSEMENTS BY FUND:
CHECKS:
001 GENERAL FUND $ 2,425,002.85
165 RDA LOWiMOD - 20% SET ASIDE 343,795.68
190 COMMUNITY SERVICES DISTRICT 324,720.47
192 TCSD SERVICE LEVEL B 69,178.12
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 40,424.28
194 TCSD SERVICE LEVEL "D" REFUSEiRECYCLING 8,203.10
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 20,156.67
197 TEMECULA LIBRARY FUND 6,991.7 4
210 CAPITAL IMPROVEMENT PROJECTS FUND 991,857.08
280 REDEVELOPMENT AGENCY - CIP 5,750.74
300 INSURANCE FUND 1,931.59
320 INFORMATION SYSTEMS 94,930.00
330 SUPPORT SERVICES 18,132.44
340 FACILITIES 18,553.79
380 RDA 2002 TABS DEBT SERVICE FUND 1,821,618.02
460 CFD 88-12 DEBT SERVICE FUND 138.00
$ 6,191,384.57
001 GENERAL FUND $ 317,341.04
165 RDA LOWiMOD - 20% SET ASIDE 5,171.59
190 TEMECULA COMMUNITY SERVICES DISTRICT 153,977.24
192 TCSD SERVICE LEVEL B 118.40
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,477.52
194 TCSD SERVICE LEVEL D 872.26
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 631.32
197 TEMECULA LIBRARY FUND 342.51
210 CAPITAL IMPROVEMENT PROJECTS FUND 29.79
280 REDEVELOPMENT AGENCY - CIP PROJECT 3,246.96
300 INSURANCE FUND 1,291.47
320 INFORMATION SYSTEMS 28,547.86
330 SUPPORT SERVICES 3,700.25
340 FACILITIES 7,661.91
528,410.12
TOTAL BY FUND: $ 6,719,794.69
apChkLst Final Check List Page: 1
07/1912007 12:38:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
117289 07/19/2007 001985 A E P (ASSOC OF ENVIRO PROF) Membership: 07 AEP West, Dale 120.00 120.00
117290 07/19/2007 006915 ALLIE'S PARTY EQUIPMENT rental equip: 4th July Parade 832.55
rental equip: 4th July Parade 788.28
rental equip: youth film festival 542.55
rental equip:Western Days 5/18-19 348.23 2,511.61
117291 07/19/2007 011178 ALPHA SYSTEMS FIRE Refund: Insp Fee 32965 Hwy 79S 250.00 250.00
PROTECTION
117292 07/19/2007 003810 AMERICAN ASSOCIATION OF AASLH mb 9/07-8108: Museum 100.00 100.00
MUSEUM
117293 07/19/2007 008732 ANSWER BAND INC, THE Entertainmentsummer concert series 1,000.00 1,000.00
117294 07/19/2007 003203 ARTISTIC EMBROIDERY F.A.M shirts: TCSD program 352.34
staff shirts: Info Sys 107.75 460.09
117295 07/19/2007 005055 BROWN, STEPHEN reimb: working lunch interview panel 110.04 110.04
117296 07/19/2007 003138 CAL MAT PW patch truck materials 193.74
PW patch truck materials 193.09
PW patch truck materials 37.72 424.55
117297 07/19/2007 005071 CALIF ASSN OF PARKS Membership:5 TCSD Commissioners 165.00 165.00
117298 07/19/2007 005384 CALIF BAGEL BAKERY & DELI Mtg Refreshments:City Council 451.09
rirshmnts:Fire Stn 84 mtg 5/21/07 360.96
rirshmnts:pw/Caltrans-F.V.Pkwy mtg 276.56
rfrshmnts: Medic Prgm mtg 6/3/07 147.62
Refreshments:civic center mtg 102.13 1,338.36
117299 07/19/2007 000674 CALIF CONTRACT CITIES 07/08 Annual Dues CCCA 2,800.00 2,800.00
117300 07/19/2007 000638 CALIF DEPT OF CONSERVATION 2007 2nd Qtr pmt:strong motion 15,216.68
2007 2nd Qtr pmt:strong motion -760.83 14,455.85
117301 07/19/2007 004248 CALIF DEPT OF JUSTICE- fingerprinting svcs:PD,HR,Library 4,621.00
ACCTING
May Drug/Alcohol Analysis: Police 1,995.00 6,616.00
117302 07/19/2007 004228 CAMERON WELDING SUPPLY misc supplies:pw maint div 65.67 65.67
117303 07/19/2007 010434 CATERERS CAFE Refreshments:civic center mtg 142.27 142.27
Page:1
apChkLst Final Check List Page: 2
07/1912007 12:38:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117304 07/19/2007 009640 CERTIFION CORPORATION Jun entersect database svcs: PO 150.00 150.00
117305 07/19/2007 000137 CHEVRON USA INC City vehicles fuel: Police 1,029.96
City vehicles fuel: CM & Police 363.77 1 ,393.73
117306 07/19/2007 001326 CHULA VISTA, CITY OF employment relations consortium 07/08 1,600.00 1,600.00
117307 07/19/2007 003628 CHUYS RESTAURANT Refreshments:4th July staffing 437.37 437.37
117308 07/19/2007 005417 CINTAS FIRST AID & SAFETY First aid supplies: Aquatics 267.09 267.09
117309 07/19/2007 003997 COAST RECREATION INC playground parts:vail ranch park 11,998.03 11,998.03
117310 07/19/2007 006303 CONDUIT NETWORKS, INC Jun consulting svcs: Info Sys 4,320.00 4,320.00
117311 07/19/2007 009735 CONSTRUCTION PROTECTIVE Dec Security Svcs Final Pmt: Library 1,328.78 1 ,328.78
SERVIC
117312 07/19/2007 001923 CONVERSE CONSULTANTS Apr Design:R. Calif Rd Widening 3,572.50 3,572.50
117313 07/19/2007 003986 COZAD & FOX INC Apr-Jun parcel maps/plans: RDA 13,308.00 13,308.00
117314 07/19/2007 010650 CRAFTSMENT PLUMBING & Plumbing svcs: Theater 85.00 85.00
HVACINC
117315 07/19/2007 003945 DIAMOND ENVIRONMENTAL portable restrooms:4th July 82.18 82.18
SRVCS
117316 07/19/2007 000684 DIEHL EVANS & COMPANY LLP 1 st interim audit svc: Finance 4,000.00 4,000.00
117317 07/19/2007 004417 DISCOUNT SCHOOL SUPPLY Recreation Supplies: Ch Museum 110.81 110.81
117318 07/19/2007 002701 DIVERSIFIED RISK Jun 07 special events premiums 866.82 866.82
117319 07/19/2007 010066 EMPIRE SALES & DISTRIBUTORS Recreation supplies:cultural arts 1,691.67 1,691.67
Page2
apChkLst Final Check List Page: 3
07/1912007 12:38:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117320 07/19/2007 000164 ESGIL CORPORATION Apr Plan Check Svcs: B&S 29,289.53
Jun Plan Check Svcs: B&S 16,436.69
May Plan Check Svcs: B&S 7,447.10
Billing Adj Permits: Inv 06070871 230.89
Billing Adj Permits: Inv 05070814 3.02
Credit: Amount Exceeds Contract -6,158.64 47,248.59
117321 07/19/2007 003665 EXCEL TELECOMMUNICATIONS Jun long distance phone svcs 60.00 60.00
117322 07/19/2007 000478 FAST SIGNS Exhibit Signs:history museum 22.81 22.81
117323 07/19/2007 008784 FIRE ENGINEERING Fire Engineering subsc: Fire Prey 21.00 21.00
117324 07/19/2007 000166 FIRST AMERICAN TITLE Lot Book Rpt:30532 Bridgeview 75.00 75.00
COMPANY
Page:3
apChkLst Final Check List Page: 4
07/1912007 12:38:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117325 07/19/2007 003347 FIRST BANKCARD CENTER
MICHAELS STORES INC RJ Framing supplies:Exec Staff 5.92
FEDEX KINKOS INC AA Internet access:San Diego 3.80
MARRIOTT HOTEL RJ Htl:FBCI Trng:6/14-16:SF/CD 1,281.10
LEAGUE OF CALIF CITIES ME Regist:Mayor/Council Wrkshp:7/25-28 470.00
AL TEC INDUSTRIES INC WH PWequip/tools 458.97
HUNGRY HUNTER SJ Refreshments:Council Closed Mtg 337.02
BRIGONI, MIGUEL & MILDRED Refund: Cite 51928 Hearing Dismissal 325.00
DINE IN DELIVERY SN Refreshments:Ex.StaffMtg 179.97
CLARITAS INC. AA demographic snapshot report 154.00
NATIONAL SEMINARS GROUP SJ Regist:Managing Fmt Dsk:8/16:GW 149.00
ROSAS CANTINA RESTAURANT SJ Refreshments:Council Closed Mtg 130.85
FCC CONFERENCECALLSVC RJ Conference calls svcs 118.08
AMERICAN REGISTRY FOR TT intemet traffic routing: Info Sys 100.00
INTERNET
MARRIOTT HOTEL SJ Htl:SCCA Mtg:6121 Norwalk 71.00
AMAZON.COM,INC RJ 2-Books:Tem.Crossroads 67.86
IRON WOK CHINA BISTRO SN Refreshments:Rvsd/City Mtg 62.14
WALMART SJ Reimbursement from EE 54.27
TT Bank charges 43.00
VONS SJ Refreshments:Council Closed Mtg 42.69
GODADDY.COM INC. TT OutReach.com Domain Name 35.27
AMERICAN PLANNING RJ Regist:lnland Chpt Mtg:6/20:EP 35.00
ASSOCIATION
IRON WOK CHINA BISTRO AA Refreshments:Mayor Mtg 26.61
PA YPAL TT Veri sign Payflow Pro Transaction 26.00
FEDEX KINKOS INC RJ poster mounting 25.86
AARON BROTHERS ART & RJ Framing of Exec Staff Photo 24.88
FRAMING
PRESS ENTERPRISE COMPANY AA Circulation fees 9.00 4,243.29
INC
117326 07/19/2007 010844 FOWLER, VICTORIA final pmt:business relocation/Civic Ct 1,384.68 1,384.68
Page:4
apChkLst Final Check List Page: 5
07/1912007 12:38:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117327 07/19/2007 010326 G E 10NICS INC Oi Tanks:Reverse Osmosis Washer 112.75
Oi Tanks:Reverse Osmosis Washer 58.88 171.63
117328 07/19/2007 009192 GAMEWORKS Smart Excursion: Ontario 7/25 782.00 782.00
117329 07/19/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: Fire 6,556.60
INC
Office Supplies: Planning 4,574.58
Office Supplies: Library & Info Sys 857.59
Office Supplies:aquatics/mspsc 515.77
credit:inV# 720227 table returned -1,345.80 11,158.74
117330 07/19/2007 011170 GOALS FOOTBALL PSG Council Ad: GO Football Program 100.00 100.00
117331 07/19/2007 005664 GOSCH TOWING & RECOVERY towing svc: Police 225.00 225.00
117332 07/19/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 100.00 100.00
GROUP INC
117333 07/19/2007 004678 HOSKINS, TIMOTHY A. FY 02103 cfd 88-12 reimbursement 192.48 192.48
117334 07/19/2007 006914 INNOVATIVE DOCUMENT Jun copier maintlusage: Citywide 3,960.61
SOLUTIONS
Jun Copier MaintlUsage: Library 401.44 4,362.05
117335 07/19/2007 003296 INTL CODE COUNCIL Mb:0547650 9/07-9/08 Harold, M 180.00 180.00
117336 07/19/2007 003266 IRON MOUNTAIN OFFSITE Jun IS Backup Tape Storage 435.83 435.83
117337 07/19/2007 001186 IRWIN, JOHN TCSO instructor earnings 134.40 134.40
117338 07/19/2007 010428 IT'S A DOGS WORLD K-9 TCSO Instructor Earnings 262.50 262.50
ACADEMY
117339 07/19/2007 001282 KNORR SYSTEMS INC chemicals/circulation pumps:CRC 510.20 510.20
117340 07/19/2007 007321 KOPP, JON R. (RANDY) Sound SVcs Box Upgrade:CRC 700.00 700.00
117341 07/19/2007 000380 LAIDLAW TRANSIT INC Transportation:youth excrsn 6/21 353.38 353.38
117342 07/19/2007 006744 LAMAR CORPORATION, THE Jun billboard advertising: ROA 300.00 300.00
PageS
apChkLst Final Check List Page: 6
07/1912007 12:38:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117343 07/19/2007 011022 LATITUDE GEOGRAPHICS geocortex software/maintGIS 7,250.00 7,250.00
GROUP L TO
117344 07/19/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 2,509.50 2,509.50
117345 07/19/2007 011107 LEE, DAESOO Refund: Janice Tennis Camp 80.00 80.00
117346 07/19/2007 009388 LETS GET PERSONAL uniform shirts: b&s inspectors 754.08
uniform shirts: code enforcement 216.58 970.66
117347 07/19/2007 003726 LIFE ASSIST INC Medical Supplies:Paramedics 1,070.69 1,070.69
117348 07/19/2007 004141 MAINTEX INC Custodial Supplies:Park Sites 290.18 290.18
117349 07/19/2007 001967 MANPOWER TEMPORARY temp help ppe 07/01 A.C.lM.S. 1,835.68 1,835.68
SERVICES
117350 07/19/2007 011179 MC MILLIN REDHAWK LLC TCSD Instructor Earnings 676.20 676.20
117351 07/19/2007 008091 MILLMORE'S WAA CREW City vehicle detailing svcs:Planning 20.00 20.00
117352 07/19/2007 011177 MONSON, JULIA refund:level 4/5 Swim/level 3 SWim 80.00 80.00
117353 07/19/2007 007096 MUSICIANS WORKSHOP Community Service Funding Award 500.00 500.00
117354 07/19/2007 010797 MUSSER, DAVID TCSD Instructor Earnings 126.00 126.00
117355 07/19/2007 002925 NAPA AUTO PARTS misc supplies:PW Maint Div 113.55 113.55
117356 07/19/2007 006140 NORTH JEFFERSON BUSINESS Jul-Sept Assn dues:F.v. Intrchg xx20 938.70
Jul-Sept Assn dues:F.V. Intrchg xx17 690.90 1,629.60
117357 07/19/2007 003964 OFFICE DEPOT BUSINESS SVS misc office supplies:PD OT Stn 9.69 9.69
DIV
117358 07/19/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 186.80 186.80
117359 07/19/2007 001171 ORIENTAL TRADING COMPANY Art Cart supplies:SMART pgrm 682.02
INC
misc supplies:F.I.T. Program 52.65
merchandise cert:SMART Prgm -20.00
merchandise cert:SMART Prgm -20.00 694.67
Page:6
apChkLst Final Check List Page: 7
07/1912007 12:38:45PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117360 07/19/2007 002297 OVERLAND PACIFIC & CUTLER May Consulting:Civic Center Relocation 2,136.25
INC
Mar-Apr Consulting:Civic Center Reloc. 1,602.50 3,738.75
117361 07/19/2007 005152 PACIFIC PRODUCTS & SERVICES misc supplies:PW Maint Diy 3,391.17 3,391.17
117362 07/19/2007 011182 PENA, ERIC claim settlement no. 2007-549 315.80 315.80
117363 07/19/2007 002331 PEP BOYS INC misc supplies:PW Maint Diy 101.92 101.92
117364 07/19/2007 000249 PETTY CASH Petty Cash Reimbursement 150.61
Petty Cash Reimbursement 700.57 851.18
117365 07/19/2007 001999 PITNEY BOWES postage meter ink cartridges:Cntrl SIVCS 693.43 693.43
117366 07/19/2007 000254 PRESS ENTERPRISE COMPANY Jun adyertising:TCSD/RDA 2,014.69 2,014.69
INC
117367 07/19/2007 000254 PRESS ENTERPRISE COMPANY 7/26/07-7/23/08 subscr:PW#f3178628 165.37 165.37
INC
117368 07/19/2007 005075 PRUDENTIAL OVERAll SUPPLY Jun uniform/fir mts/tvvi rentals:City 1,573.20
credit:chrg not per contract -3.15 1,570.05
117369 07/19/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 21,823.63
Jul 01-02-02001-0 Rancho Vista Rd 430.16
Various PWWater Meters 278.42
Various RDA Water Meters 65.14 22,597.35
117370 07/19/2007 004584 REGENCY LIGHTING electrical supplies:Theater 237.14
credit:items returnedfTheater -13.75 223.39
117371 07/19/2007 004498 REPUBLIC INTELLIGENT Signal Equip:Rancho Cal \l\lidening 2,577.10
Jun "call outs" street light maint:PW 581.00
May "call outs" street light maint:PW 403.47 3,561.57
117372 07/19/2007 009781 RHODES, IRVEN refund:Del Mar Fair Excursion/lIVen 10.00
refund:Del Mar Fair Excursion/Esther 10.00 20.00
117373 07/19/2007 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 840.00
TCSD Instructor Earnings 122.50
TCSD Instructor Earnings 73.50 1,036.00
117374 07/19/2007 000352 RIVERSIDE CO ASSESSOR Jun '07 assessors maps:B&S Dept 36.00 36.00
Page:?
apChkLst
07/1912007
12:38:45PM
Final Check List
CITY OF TEMECULA
Page: 8
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date
Vendor
Description
Amount Paid
Check Total
117375 07/19/2007 000411 RIVERSIDE CO FLOOD CONTROL permit fees:Murr.Crk Trail PW01-27
1,016.69
1,016.69
117376 07/19/2007 001365 RIVERSIDE COUNTY OF
Add'l Cost:2 Food Cart Permits- Thtr/Libr
900.00
900.00
117377 07/19/2007 000873 ROBERTS, RONALD H. Reimb:Public Safety Mtg:San Jose 40.00 40.00
117378 07/19/2007 011176 RUSK, ROSEMARY refund:Tennis-Beginning JrslShelby 55.00 55.00
117379 07/19/2007 000277 S & S ARTS & CRAFTS INC misc supplies:Cultural Arts pgrm 766.70
Recreaction Supplies:C. Museum 190.85
misc supplies:Smr Day Camp 95.85
recreation supplies:4th of July event 55.94 1,109.34
117380 07/19/2007 009542 SO S SURVIVAL PRODUCTS T.C.C.- Cert trailer supplies 771.95 771.95
117381 07/19/2007 001500 SAN DIEGO REGIONAL TRAIN Sprvsrs Acad:Dakin/Fulcher 5/23-6/21 1,300.00 1,300.00
CTR
117382 07/19/2007 010089 SECURITAS SECURITY SRVCS 6/22-6/28/07 security srvcs:Fire Stn 95 1,516.11 1,516.11
USA
117383 07/19/2007 000537 SO CALIF EDISON Jul 2-01-202-7330 various mtrs 63,107.59
Jul 2-01-202-7603 arterial st lights 23,153.22
Jul 2-00-397-5059 various mtrs 7,357.56
Jul 2-29-224-0173 Fire Stn 2,995.39
Jul 2-26-887-0789 various mtrs 1,943.69
Jun 2-10-331-2153 TCC 1,557.47
Jul 2-25-393-4681 TES Pool 799.52
Jul 2-28-171-2620 Police Mall Stn 708.87
JuI2-28-397-1315 Redhawk Pkwy 15.36 101,638.67
117384 07/19/2007 000519 SOUTH COUNTY PEST CONTROL Jun pest control svcs:City Fac's 451.00
INC
Pest Control Srvcs:Bee Hive Removal 336.00
pest control srvcs:Marg. Park 84.00 871.00
117385 07/19/2007 001972 STANLEY R HOFFMAN Jun Fiscal Study:Sphere Of Influence 9,525.00
ASSOCIATES
Jun fiscal study:Santa Marg Annexation 950.00 10,475.00
117386 07/19/2007 000305 TARGET BANK BUS CARD SRVCS recreation supplies:TCC 108.07
recreation supplies:MPSC 106.90 214.97
117387 07/19/2007 010679 TEMECULA AUTO City vehicle maint svc:Paramedics 196.12 196.12
REPAIR/RADIATOR
Page:8
apChkLst Final Check List Page: 9
07/1912007 12:38:45PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117388 07/19/2007 003677 TEMECULA MOTORSPORTS LLC Police motorcycle maint svcs 63.18 63.18
117389 07/19/2007 005970 TEMECULA VALLEY PLAYERS stage equip/Parallel Lives:Thtr stlmnt 48.75 48.75
117390 07/19/2007 004274 TEMECULA VALLEY SECURITY locksmith srvcs:ParksfThtr/Aquatics 166.37 166.37
CENTR
117391 07/19/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 702.10 702.10
TAEKWONDO
117392 07/19/2007 000919 TEMECULA VALLEY UNIFIED May '07 City vehicles fuel usage 702.21 702.21
SCHOOL
117393 07/19/2007 010276 TIME WARNER CABLE Jul-Aug high speed internet CityHall 156.02
Jul-Aug high speed internet RR 44.95
Jul-Aug high speed internet Stn92 44.95 245.92
117394 07/19/2007 000668 TIMMY D PRODUCTIONS INC OJ Services:Kite Day Event 5/20/07 450.00 450.00
117395 07/19/2007 002452 TOP LINE INDUSTRIAL misc. supplies:PWMaint Div 12.91 12.91
117396 07/19/2007 007252 TRUE NORTH RESEARCH Citizen Survey Consultant:Cm Office 23,725.00 23,725.00
117397 07/19/2007 007118 US TELEPACIFIC CORPORATION Jullnternet IP Addresses Block 1,566.11 1,566.11
117398 07/19/2007 002065 UNISOURCE misc. paper supplies: Cntrl Svcs 3,525.06 3,525.06
117399 07/19/2007 008517 UNITED SITE SERVICES OF 6/23-7/20/07 Fence Rental:Educ Ctr Grd 298.68 298.68
CA,INC
117400 07/19/2007 004261 VERIZON Jul xxx-5072 general usage 4,737.80
Jul xxx-8900 GIS Library 751.23
Jun xxx-7530 GIS Library 530.25
Jul xxx-1341 Theater 408.36
Jun xxx-5180 79S Irrg Cntr 131.95
Jul xxx-6812 General usage 89.74
Jun xxx-1540 Old Town Prk Lot 89.68
Julxxx-1941 PTACDTTACSD 66.37
Jul xxx-391 0 1 st St Irrigation 36.49
Jul xxx-7562 irrigation controller 35.37
Jul xxx-2372 \/\IIf Crk Irrg Cntrl 32.90
Jun xxx-6620 general usage 31.97 6,942.11
Page:9
apChkLst
07/1912007
12:38:45PM
Final Check List
CITY OF TEMECULA
Page: 10
Bank: union UNION BANK OF CALIFORNIA
(Continued)
Check # Date Vendor Description
Amount Paid
Check Total
117401 07/19/2007 004848 VERIZON SELECT SERVICES INC Jullong distance phone svcs
831.56
831.56
Grand total for UNION BANK OF CALIFORNIA:
366,539.70
Page:10
apChkLst
07/1912007
12:38:45PM
Final Check List
CITY OF TEMECULA
Page: 11
113
checks in this report.
Grand Total All Checks:
366,539.70
Page:11
apChkLst Final Check List Page: 1
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
894 07/26/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 8,070.80 8,070.80
NATIONWIDE RETIREMENT
895 07/26/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 121,931.19 121,931.19
RETIREMENT)
896 07/26/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,721.13 20,721.13
SOLUTION
897 07/26/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 93,890.63 93,890.63
898 07/26/2007 000444 INSTATAX (EDD) State Disability Ins Payment 22,654.84 22,654.84
899 07/30/2007 000444 INSTATAX (EDD) Unemp & Training Tax 2nd Qtr 2007 14,650.01 14,650.01
900 07/26/2007 005460 U S BANK RDA TABS Debt Service Payment 714,591.67 714,591.67
901 07/27/2007 005460 U S BANK RDA debt service payment 1,107,026.35 1,107,026.35
902 07/26/2007 004236 WASHINGTON MUTUAL BANK Pledge Fund Deposit/Mission Village Apts 305,000.00 305,000.00
117402 07/26/2007 009604 12MILESOUT.COM June Council mtg video taping 1,000.00 1,000.00
117403 07/26/2007 000434 ACCELA.COM Regist:Accela Conf:Krueger:8/6-9 899.00 899.00
117404 07/26/2007 008714 ALPHA CORP Regist:SIRE Conf:Flores:8/21-24/04 449.00 449.00
117405 07/26/2007 009767 AL TA LOMA CHARTER INC SMART excursion: harbor cruise 832.39 832.39
117406 07/26/2007 011004 AMERICAN ASPHALT SOUTH INC Jun Slurry seal:Meadowview area 255,775.00
Jun Slurry retention:Meadowview area -25,577.50 230,197.50
117407 07/26/2007 004240 AMERICAN FORENSIC NURSES Jun DUI drug/alcohol screening:Police 422.00
Jun DUI drug/alcohol screening:Police 324.00
Jun DUI drug/alcohol screening:Police 252.00
Jun DUI drug/alcohol screening:Police 98.00 1,096.00
117408 07/26/2007 008595 AMERICAN INTL GROUP INC Workers Comp for July 2007 36,615.00 36,615.00
Page:1
apChkLst Final Check List Page: 2
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117409 07/26/2007 008279 AMERICOMP IN FOSYSTEMS INC Library computer supplies/equip 2,148.54 2,148.54
117410 07/26/2007 002187 ANIMAL FRIENDS OF THE June 07 Animal control services 12,500.00 12,500.00
VALLEYS
117411 07/26/2007 011023 ANTHONY'S HEATING & AIR Res Impr Prgm: Courie, Kelly/Karen 7,365.00 7,365.00
117412 07/26/2007 000101 APPLE ON E INC Temp help PPE 7fT Knorr 315.42 315.42
117413 07/26/2007 004599 AQUARIUM OF THE PACIFIC Aquarium SMART Excursion 7/11 366.00 366.00
117414 07/26/2007 003376 ARTS COUNCIL, THE Ticket Sales:Compleat Wrks Shakespeare 1,203.00 1,203.00
117415 07/26/2007 010923 AXCELERATE NETWORKS, INC Intrusion detection/prey sys:IS 9,891.36 9,891.36
117416 07/26/2007 009908 BEADOR CONSTRUCTION CO Jun 79S Medians:I-15 & Bttrfld 43,300.00
INC
Jun 79S Medians:I-15 & Bttrfld -36.65 43,263.35
117417 07/26/2007 002541 BECKER CONSTRUCTION SRVS Street construction:Rancho Way 18,620.00 18,620.00
INC
117418 07/26/2007 011217 BLANCHE, TOWANNA Refund: Security depst:CRC 150.00 150.00
117419 07/26/2007 011174 BRIGONI, MIGUEL & MILDRED Refund: Cite 51928 Hearing Dismissal 325.00 325.00
117420 07/26/2007 004176 BROADWING Jul Long distance & internet svcs 751.31 751.31
TELECOMMUNICATIONS
117421 07/26/2007 006908 C C & COMPANY INC 7/26 EntertainmentSummer concert 600.00
7/26 Entertainment:Summer concert 150.00 750.00
117422 07/26/2007 003138 CAL MAT PW patch truck materials 326.27
PW patch truck materials 262.91
PW patch truck materials 228.00
PW patch truck materials 227.36
PW patch truck materials 193.74
PW patch truck materials 37.72
PW patch truck materials 37.72 1,313.72
117423 07/26/2007 005321 CALIF ASSOC OF CODE Regist:CACE Conf:912G-21 :MP/JV 630.00 630.00
Page2
apChkLst Final Check List Page: 3
0712612007 5:04:19PM CITY OF TEMECUlA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117424 07/26/2007 010349 CALIF DEPT OF CHilD SUPPORT Support Payment Case # DF099118 25.00 25.00
117425 07/26/2007 006485 CALIF DEPT OF ENVIRON EPA generator fees:CH/CRC/Stn84 600.00 600.00
PROTEC
117426 07/26/2007 004228 CAMERON WELDING SUPPLY Misc. welding supplies:PW mntc 140.08 140.08
117427 07/26/2007 008644 CANTREll, ROGER, AlA, AICP Jun architectural plan review:Planning 572.00 572.00
117428 07/26/2007 011189 CARVALHO, DENNIS OR L1TA AlA Refund: Cite 55853 reduced fine 50.00
VVY
Refund: Cite 55300 reduced fine 50.00 100.00
117429 07/26/2007 011218 CASTlllA,IBYS Refund: Security depst:CRC 150.00 150.00
117430 07/26/2007 002415 CASTLE AMUSEMENT PARK 8/9 depst -Day camp excursion 50.00 50.00
117431 07/26/2007 010434 CATERERS CAFE Refreshments: Planning Commission 128.27 128.27
117432 07/26/2007 009539 CHARLES ABBOTT ASSOCIATES June Fire plan check svcs 5,031.00 5,031.00
INC
117433 07/26/2007 011210 COLLINS, ELSA Refund: Sr Beginning Guitar 35.00 35.00
117434 07/26/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05
117435 07/26/2007 004414 COMMUNITY WORKS DESIGN Apr Ldscp planck srvcs:Planning 8,880.00
GROUP
Apr Ldscpe inspect:Diaz rd realign 1,358.75
Credit: Ovrchrged for svcs -950.00 9,288.75
117436 07/26/2007 002945 CONSOLIDATED ELECTRICAL Electrical supplies: parks 95.90 95.90
DIST
117437 07/26/2007 011185 COOK, lESTER Refund: Cite 48916 Level 2 Dismissal 462.50 462.50
117438 07/26/2007 001264 COSTCO WHOLESALE Misc supplies:Recreation events 348.66 348.66
117439 07/26/2007 003986 COZAD & FOX INC Apr-Jun Eng srvcs:79S/Pechanga 3,616.00 3,616.00
117440 07/26/2007 005324 CROSSROADS CHURCH Refund: Security Depst:RR Picnic 150.00 150.00
Page:3
apChkLst Final Check List Page: 4
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117441 07/26/2007 011233 CUSA, LLC SMART excursionMlild Animal Pk 6/27 921.02 921.02
117442 07/26/2007 005291 DEGANGE, JOHN Reimb:ESRI Conf:6/17-20:SanDiego 141.93 141.93
117443 07/26/2007 011197 DEJONGH, CHRIS Refund: Cite 57852 Dismissal 1st level 25.00 25.00
117444 07/26/2007 008943 DGS PROCUREMENT DIVISION CMAS procurement-Police furniture 344.27 344.27
117445 07/26/2007 003945 DIAMOND ENVIRONMENTAL Jul portable restroom: Redhwk Prk 57.98
SRVCS
Jul portable restroom: Lg Cyn Prk 57.98
Jul portable restroom: Veterans Pk 57.98
Jul portable restroom: Vail Rnch Pk 57.98
Jul portable restroom: Riverton Pk 57.98
Aug portable restroom: Riverton Pk 57.98
Aug portable restroom: Vail Rnch Pk 57.98
Aug portable restroom: Long Cyn Pk 57.98
Aug portable restroom: Veterans Pk 57.98
Aug portable restroom: Redhwk Prk 57.98 579.80
117446 07/26/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City Vehicles: TCSD 2,279.52
INC
Fuel for City Vehicles:PW Mntc 1,578.69
Fuel for City Vehicles:Code Enforce 509.80
Fuel for City Vehicles:Bldg&Safety 509.26
Fuel for City Vehicles:PW/NPDES/CIP 449.50
Fuel for City Vehicles:CIP 216.14
Fuel for City vehicles:Police 60.43 5,603.34
117447 07/26/2007 011187 DWIGHT, DANA L. Refund: Cite 53017 Level 2 Dismissal 300.00 300.00
117448 07/26/2007 011202 EM H SPORTS & FITNESS TCSD instructor earnings 350.00
TCSD instructor earnings 164.50 514.50
117449 07/26/2007 002390 EASTERN MUNICIPAL WATER July 95366-02 Diego Dr Ldscp 302.34
DIST
Ju1190304-02 Seraphina Rd 284.55 586.89
Page:4
apChkLst Final Check List Page: 5
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117450 07/26/2007 005880 EDGE DEVELOPMENT INC. Rei stop Notice:DHK Solutions 43,736.47
Rei Stop Notice: Ascco Engineering 40,597.61
May Prgs Pmt #24- Ubrary PWOO-07 23,083.00
Rei Stop Notice:West Coast Laminating 10,364.68
Rei Stop Notice: EB Bradley Company 4,629.88
Apr Prgs Pmt #23- Library PWOO-07 1,173.00
Credit: Ovrchged per contract agrmt -10.51
stop Notice: Imperial Sprinkler Supply -2,265.21
stop Notice: Ascco Engineering Air -40,597.61
stop Notice: DHK Solutions, Inc. -43,736.47 36,974.84
117451 07/26/2007 004592 ELITE BOBCAT SERVICE INC Jun prgss:Diaz rd realign phase II 303,359.76
Jun Retention:Diaz rd realign phase II -30,335.98 273,023.78
117452 07/26/2007 004829 ELLISON WILSON ADVOCACY July State lobbying srvcs:CM 3,500.00 3,500.00
LLC
117453 07/26/2007 009981 ENVIRONMENTAL SPECIALTY City Hall smoking area bench 1,279.65 1,279.65
PROD
117454 07/26/2007 011186 FEARS, NATASHKA X Refund: Cite 59002 duplicate payment 99.00 99.00
117455 07/26/2007 003347 FIRST BANKCARD CENTER
PENFOLD'S CAFE MH Refreshment:staffTeam Bldg 958.72
STARBUCKS CORPORATION MH Refreshment:staffTeam Bldg 36.00 994.72
117456 07/26/2007 004239 FISHER SEHGAL YANEZ INC Deposit: Stafftour/retreat 7120 500.00 500.00
117457 07/26/2007 011224 FLORES, NIRMLA Refund: Parent N Me Swim Lessons 80.00 80.00
117458 07/26/2007 010493 FOREST CITY COMMERCIAL Jul Lease: Police Mall Storefront 1,458.33
MGMT
Aug Lease: Police Mall Storefront 1,458.33 2,916.66
117459 07/26/2007 011145 FOSTER, JILL C. Family Day Prizes:4 Auto Books 80.00 80.00
117460 07/26/2007 002982 FRANCHISE TAX BOARD Support Payment Case # 452379267 75.00 75.00
117461 07/26/2007 003946 G T ENTERTAINMENT MC for Jul 4th Parade 150.00 150.00
117462 07/26/2007 010452 GAYLORD BROS INC Traffic control posts:library 1,507.34 1,507.34
117463 07/26/2007 011123 GENERAL COATINGS Painting Library South Side 1,515.50
CORPORATION
Painting Library South Side 418.00 1,933.50
PageS
apChkLst Final Check List Page: 6
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117464 07/26/2007 000177 GLENNIES OFFICE PRODUCTS Misc office supplies:Eco Dev/Council 558.31 558.31
INC
117465 07/26/2007 011194 GORRELL, SAMANTHA A Refund: Cite 55231 Dismissal 2nd 300.00 300.00
117466 07/26/2007 003792 GRAINGER Misc toolslequip:fire stn 92 3,475.26 3,475.26
117467 07/26/2007 002174 GROUP 1 PRODUCTIONS Jul 4th video production/copies 3,872.00 3,872.00
117468 07/26/2007 011211 GUTIERREZ, DENISE Refund: MPSC security depst 400.00 400.00
117469 07/26/2007 011226 HAFELI, JANET Refund: Teen Excursion-Castle Prk 30.00 30.00
117470 07/26/2007 004188 HARRIS & ASSOCIATES May consulting svc:pavement rehab 1,157.50 1,157.50
117471 07/26/2007 002906 HEMET FENCE COMPANY Res Imp Prog: Robles, Margarita 2,995.00
Credit: Ovrchged per contract agmt -175.00 2,820.00
117472 07/26/2007 003106 HERITAGE SECURITY SERVICES June Birdsall Prk Security Svcs 990.00 990.00
117473 07/26/2007 005748 HODSON, CHERYL A. Support Payment 6.64 6.64
117474 07/26/2007 003198 HOME DEPOT, THE Margarita dog prk supplies 7,348.51
Misc repair supplies: TCSD 5.80 7,354.31
117475 07/26/2007 011205 HOMETOWN BUFFET Refreshments:SMART Mtg 7/20 91.46 91.46
117476 07/26/2007 011221 HOST, M. TAMI Refund: Summer Day Camp 195.00 195.00
117477 07/26/2007 006492 HRUSKA, ROSEANN Reimb:ergonomic keyboard 64.64 64.64
117478 07/26/2007 001060 HYATT Hotel:Accela Conf:Krueger:815-7 705.39 705.39
117479 07/26/2007 001060 HYATT Hotel:Accela Conf:Matthews:B/B 212.45 212.45
117480 07/26/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 13,464.77 13,464.77
303355
117481 07/26/2007 005874 I E BIKES equip repair/maintPolice bike patrol 942.98 942.98
Page:6
apChkLst Final Check List Page: 7
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117482 07/26/2007 004406 IGOE & COMPANY INC Jul 07 flex benefit plan pmt 375.00 375.00
117483 07/26/2007 004833 IMPERIAL PAVING COMPANY INC Meadowview Asphalt Repairs:PW07-03 18,982.00 18,982.00
117484 07/26/2007 003998 INLAND VALLEY FILIPINO Refund: Security Depst:RR Picnic 150.00 150.00
117485 07/26/2007 001407 INTER VALLEY POOL SUPPLY Pool sanitizing chemicals 569.14 569.14
INC
117486 07/26/2007 010676 INTERWEST CONSULTING May plan check review srvcs:B&S 5,871.22 5,871.22
GROUP INC
117487 07/26/2007 003296 INTL CODE COUNCIL B&S '07 Code Books 4,630.98 4,630.98
117488 07/26/2007 003296 INTL CODE COUNCIL Membership: Elsa Wigle 180.00 180.00
117489 07/26/2007 010119 IRS-OIC Sup Pmt Offer # 1000497587 452379267 140.11 140.11
117490 07/26/2007 011220 IRWIN,IVA Refund: Parent N Me Swim Lessons 40.00 40.00
117491 07/26/2007 011188 KEY, CATHLEEN OR TRAVIS Refund: Cite 56668 Level 2 Dismissal 300.00 300.00
117492 07/26/2007 004481 KIMLEY HORN & ASSOCIATES May Eng/Design Svc:Santiago basin 7,681.42 7,681.42
INC
117493 07/26/2007 009841 KNIPPEL, L YNNANNE Refund: Toddler swim lessons 40.00 40.00
117494 07/26/2007 001282 KNORR SYSTEMS INC Pool sanitizing chemicals 75.10 75.10
117495 07/26/2007 007321 KOPP, JON R. (RANDY) 4th of July Sound Sys Svcs 450.00 450.00
117496 07/26/2007 011099 L & M STUCCO SPECIALISTS INC Jun canst prgss pmt:fire stn 92 3,455.00 3,455.00
117497 07/26/2007 001719 L P A INC June library architectural design 18,924.57
Credit: Invoice exceeds PO -76.57 18,848.00
117498 07/26/2007 003975 LAWRENCE, JEFF Reimb: Day camp excursion 95.00 95.00
Page:?
apChkLst Final Check List Page: 8
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117499 07/26/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 388.50
TCSD instructor earnings 378.00
TCSD instructor earnings 343.00 1,109.50
117500 07/26/2007 011225 LEIGH, KYM Refund: Tennis Camp for Kids 150.00 150.00
117501 07/26/2007 009285 LEISURE MORE CORP pet waste bags: parks 523.66 523.66
117502 07/26/2007 004905 LIEBERT, CASSIDY & WHITMORE Jun HR legal svcs for TE06G-#01 416.00 416.00
117503 07/26/2007 008383 L1M & NASCIMENTO May Marg. undrcrss dsgn svcs PWQ4-13 1,453.59 1,453.59
ENGINEERING
117504 07/26/2007 009521 LIONEL'S VINYL'S back of vehicle CAP graphics 445.44
back of vehicle CAP graphics 78.81 524.25
117505 07/26/2007 011222 LOZANO, MARIA Refund: Toddler SWim Lessons 40.00 40.00
117506 07/26/2007 003782 MAIN STREET SIGNS street signs:PW Maint Div 102.36 102.36
117507 07/26/2007 004141 MAINTEX INC Custodial Supplies:City Hall 927.56
Custodial Supplies:West \/\ling 246.89 1,174.45
117508 07/26/2007 000217 MARGARITA OFFICIALS ASSN Jun officiating srvcs:Sprts Prgm 2,340.00
Add'l May officiating srvcs:Sprts Prgm 1,500.00 3,840.00
117509 07/26/2007 011216 MARKELZ, CHRISTINE refund:level1 swim lessons/5101.219 50.00 50.00
117510 07/26/2007 011191 MARSDEN, JOHN M. Refund:Cite 55538 dismissal 300.00 300.00
117511 07/26/2007 011198 MCGREGOR, CAROL OR DAVID Refund: Cite 56675 Dismissal 2nd level 325.00 325.00
117512 07/26/2007 001290 MEYER, JOHN ee computer purchase prgm 1,283.33
Reimb:ICSC Conf:5120-23:LasVegas 61.87 1,345.20
117513 07/26/2007 007210 MIDORI GARDENS Ldscp maint:Veteran's Memorial 6,635.21 6,635.21
117514 07/26/2007 008091 MILLMORE'S WAA CREW City vehicles detailing srvcs:PW Depts 150.00
City vehicles detailing srvcs:PW Depts 125.00 275.00
117515 07/26/2007 001384 MINUTEMAN PRESS paper supplies/envelopes:TCSD 1,904.21
business cards:S.Jones/G.Flores 233.92
business cards: J. Kanigowski 43.37 2,181.50
Page:8
apChkLst Final Check List Page: 9
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117516 07/26/2007 011087 MOARN, PHYLLIS refund:Sr Excurs/Del Mar Fair 712/07 10.00 10.00
117517 07/26/2007 010990 MOORE IACOFANO GOLTSMAN Jun consulting S1Vcs:youth master plan 5,321.57 5,321.57
INC
117518 07/26/2007 002257 MOST DEPENDABLE FOUNTAINS Drinking fountain parts: Parks 598.00 598.00
117519 07/26/2007 011171 NEW URBAN RESEARCH INC mapping wrkshp:S.D., Ca 8/29 R.Hruska 399.00 399.00
117520 07/26/2007 011215 NICHOLS, AUTUMN refund:Toddler Swim Lessons/510B.405 40.00 40.00
117521 07/26/2007 004512 NINYO & MOORE May prof svcs:79S median implY 1,751.75 1,751.75
117522 07/26/2007 009337 NOLTE ASSOCIATES INC 5/11-617/07 svcs:Santa Gert.bridge 4,950.00
5/11-6/7/07 dsgn:Santa Gert. bridge 617.50 5,567.50
117523 07/26/2007 002139 NORTH COUNTY TIMES Jun display ads:Theater 2,514.35
May display ads:Theater 1,192.59
credit:billing adj/43145-May '07 -3.15 3,703.79
117524 07/26/2007 002292 OASIS VENDING coffee & kitchen supplies:City Hall 372.76
coffee & kitchen supplies:West Wing 129.30
coffee & kitchen supplies:City Hall 51.72 553.78
117525 07/26/2007 001320 PELLETIER, JULIE reimb:4th of July eval mtg 7/11 51.99 51.99
117526 07/26/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92
PROGRAM
117527 07/26/2007 000249 PETTY CASH Petty Cash Reimbursement 264.03
Petty Cash Reimbursement 26.00 290.D3
117528 07/26/2007 011192 PFAFF, JONATHAN Refund: Cite 50920 reduced fine 50.00 50.00
117529 07/26/2007 009161 POLETTI, GUSTAVO TCSD Instructor Earnings 98.00
TCSD Instructor Earnings 63.00 161.00
117530 07/26/2007 010338 POOL & ELECTRICAL PRODUCTS pool supplies & chemicals:Aquatics 263.22 263.22
INC
117531 07/26/2007 007056 PREMIERE PACKAGING copy paper supplies:Cntrl SIYCS 3,017.00 3,017.00
INDUSTRIES
117532 07/26/2007 011207 PREVOST, CORRIE refund:kidz love soccer/1601.201/Nolan 71.00 71.00
Page:9
apChkLst Final Check List Page: 10
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117533 07/26/2007 003697 PROJECT DESIGN 4/9-5/6/07 dsgn:Murr.Crk Brdg/O\fflnd 15,990.67 15,990.67
CONSULTANTS
117534 07/26/2007 004627 PUBLIC SAFETY TECHNOLOGIES Radio rental:Police 813.00 813.00
INC
117535 07/26/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 30,778.08
Jul 01-04-47210-0 T.E.S. Pool 1,180.65
Jul 01-08-10015-1 Aveida De Missiones 635.39
Jul 01-02-98010-0 Fire Stn 84 315.46
Jul 01-04-10033-2 Margarita Rd 54.11
Jul 01-02-98000-0 Fire Stn 84 13.22 32,976.91
117536 07/26/2007 000526 REGENTS OF UNIVERSITY OF add'l rgstr:Fund/Prgm Trans Prjts 30.00 30.00
CALIF
117537 07/26/2007 011212 RHINOSOFT, INC Serv-U Std software/2yr upgrd protection 69.95 69.95
117538 07/26/2007 011196 RICHARDS, ARTHUR Refund: Cite 55199 Dismissal 2nd level 300.00 300.00
117539 07/26/2007 008928 RIGEL PRODUCTS & SERVICE equip repair & maint:pw maint div 210.76 210.76
117540 07/26/2007 001592 RIVERSIDE CO INFO Jun radio rentalslradio install:police 4,522.85 4,522.85
TECHNOLOGY
117541 07/26/2007 000406 RIVERSIDE CO SHERIFFS DEPT 4/26-5/23 law enforcement 1,369,934.62 1,369,934.62
117542 07/26/2007 000406 RIVERSIDE CO SHERIFFS DEPT Traf.Collision lnvst 7/23-27 Braggs/Abbe 302.00 302.00
117543 07/26/2007 011101 RIVERSIDE LAND May consulting sIYcs:open space 12,269.52
CONSERVANCY
Apr consulting sIYcs:open space 5,823.63 18,093.15
117544 07/26/2007 000271 ROBERT BEIN VVM FROST & May profsvcs:Civic Cntr Street ImplY 28,158.27
ASSOC
May dsgn svcs:sr79 corridor 8,825.63
May prof svcs:I-15/SR79S Ult.lntrchng 1,459.82 38,443.72
117545 07/26/2007 011219 ROCKER, TRISTA refund:sec.depositlCRC 06/30/07 150.00 150.00
117546 07/26/2007 011195 RODRIQUEZ, RUBEN Refund: Cite 52893 Dismissal 2nd 300.00 300.00
117547 07/26/2007 000277 S & S ARTS & CRAFTS INC craft supplies for 4th of July events 327.53 327.53
Page:10
apChkLst Final Check List Page: 11
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117548 07/26/2007 009196 SACRAMENTO THEATRICAL Theatrical lighting supplies:Theater 803.03
LIGHTING
Theatrical lighting supplies:Theater 331.70 1,134.73
117549 07/26/2007 006815 SAN DIEGO, COUNTY OF Support Payment Account # 581095025 12.50 12.50
117550 07/26/2007 006615 SCAN NATOA INC FY07/08 membership dues:C.McCarthy 75.00 75.00
117551 07/26/2007 008779 SCREENMOBILE Res ImplY Prgm: La Barrie, Maria 341.57 341.57
117552 07/26/2007 011208 SHAW, ANN refund:Smr Day Camp/0405.202lAlec 200.00 200.00
117553 07/26/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support Payment LO File # 2005033893 490.12 490.12
117554 07/26/2007 009746 SIGNS BY TOMORROW signs:Citywide clean up event 302.61 302.61
117555 07/26/2007 011199 SKINNER, CHERYL D Refund: Cite 57702 reduced fine 15.00 15.00
117556 07/26/2007 000645 SMART & FINAL INC rec supplies:concert series-movies/park 99.71
misc rec supplies: high hopes prgm 68.56 168.27
117557 07/26/2007 011209 SMITH, ELAINE SARAH Res ImplY Prgm: Smith, Elaine Sarah 6,980.40 6,980.40
117558 07/26/2007 000537 SO CALIF EDISON Jul 2-28-331-4847 Pauba Rd 81.56 81.56
117559 07/26/2007 002361 SO CALIF FPOS model code mtg 8/8/07 Fire Marshall 25.00 25.00
117560 07/26/2007 001212 SO CALIF GAS COMPANY Jul 055-475-6169-5 PBSP 150.50 150.50
117561 07/26/2007 004411 STONES, JILLlAN TCSD Instructor Earnings 630.00
TCSD Instructor Earnings 525.00
TCSD Instructor Earnings 378.00
TCSD Instructor Earnings 63.00
TCSD Instructor Earnings 63.00 1,659.00
117562 07/26/2007 011206 SUTTEN, ROBERT refund:level1 swim lessons/5101.210 40.00 40.00
117563 07/26/2007 011190 SYLVESTER, KAREN OR Refund: Cite 55250 reduced fine 80.00 80.00
GEOFFREY
117564 07/26/2007 011227 TV. CATHY'S DANCE BOOSTERS Born to Entertain 07/07 prodfThtr 253.50 253.50
Page:11
apChkLst Final Check List Page: 12
0712612007 5:04:19PM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117565 07/26/2007 000305 TARGET BANK BUS CARD SRVCS misc recreation supplies: mpsc 126.60 126.60
117566 07/26/2007 011223 TEMECULA VALLEY CHEESE refund:appl.withdrawn/42072 5th St #101 2,988.00 2,988.00
COMPANY
117567 07/26/2007 010046 TEMECULA VALLEY May '07 Bus. ImplY District Asmnts 52,008.20
CONVENTION &
May '07 admin fees -1,040.16 50,968.04
117568 07/26/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 165.20 165.20
TAEKWONDO
117569 07/26/2007 008978 TIME MACHINE USA, THE refund:sec.depositfTCC 6/20/07 150.00 150.00
117570 07/26/2007 000668 TIMMY D PRODUCTIONS INC OJ sIYcs:4th of July Extravaganza 19,500.00
OJ sIYcs:Skater Challenge 475.00 19,975.00
117571 07/26/2007 003633 TOLL ROADS, THE Toll roads usage:var.City Depts 53.40 53.40
117572 07/26/2007 010013 TOP DAWG TERMITE COMPANY pest control svcs:Fire Stn 73 4,750.00 4,750.00
INC
117573 07/26/2007 002452 TOP LINE INDUSTRIAL misc. supplies:pw maint div 30.36 30.36
117574 07/26/2007 010526 TUCKER, DON stagecoach:western days 650.00 650.00
117575 07/26/2007 009912 U R S CORPORATION 5/12-6/8/07 prof svcs:W.Bypass ph I 4,475.00 4,475.00
117576 07/26/2007 011193 UCHIDA, GLENN OR LAURIE Refund: Cite 54277 reduced fine 55.00 55.00
117577 07/26/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00
117578 07/26/2007 006807 VANIR CONSTRUCTION May constr mgmt svcs:W.C. Fire Stn 18,503.17 18,503.17
117579 07/26/2007 004261 VERIZON Jul xxx-0073 general usage 248.53
Jul xxx-5473 Moraga Rd 34.11
Jul xxx-4723 Police Storefront 33.94
Jul xxx-8573 general usage 32.89 349.47
117580 07/26/2007 011183 W H B BILTMORE LLC hotel:W.A.A. Conf 8/28-30 B. Beers 531.27 531.27
117581 07/26/2007 011213 WAVE WATERPARK, THE Deposit:Smr Day Camp excursion 8/16 25.00 25.00
Page:12
apChkLst
0712612007
5:04:19PM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
117582 07/26/2007 011214 WINCO FOODS
117583 07/26/2007 000348 ZIGLER, GAIL
117584 07/26/2007 003776 ZOLL MEDICAL CORPORATION
Final Check List
CITY OF TEMECULA
(Continued)
Description
Amount Paid
Page: 13
Check Total
supplies/rfrshmnts:Concert Series
85.76
85.76
507.98
441.00
4,872,753.78
reimb:Team PACE event/Concert Series
507.98
Medical supplies:Paramedics
441.00
Grand total for UNION BANK OF CALIFORNIA:
Page:13
apChkLst
0712612007
5:04:19PM
Final Check List
CITY OF TEMECULA
Page: 14
192
checks in this report.
Grand Total All Checks:
4,872,753.78
Page:14
apChkLst Final Check List Page: 1
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor Description Amount Paid Check Total
117585 08/02/2007 011084 A PLUS COURT REPORTERS Refund: Rental TCC 7/27 100.00 100.00
117586 08/02/2007 004765 ACTIVE NE11NORK INC, THE Refund: TaeKwonDo 1400.106 44.00
Refund: TaeKwonDo 1400.106 44.00 88.00
117587 08/02/2007 008552 ADKINS DESIGN CONSULTING Temecula Presents-2 brochure:TCSD 1,181.81
Temecula Presents-1 brochure:TCSD 363.66 1,545.47
117588 08/02/2007 003679 AEI CASC ENGINEERING Jun compliance inspections:PVV 16,647.81
Credit: Jun inv exceeds contract amt -4,015.36 12,632.45
117589 08/02/2007 011246 AKEENA SOLAR INC. Refund:Security Dep TCC 7/14 150.00 150.00
117590 08/02/2007 009767 AL TA LOMA CHARTER INC transportationtcsd day camp 2,612.94
transportation: tcsd harbor cruise 832.39 3.445.33
117591 08/02/2007 000102 AMERICAN FENCE COMPANY temp fence rental: dog park 974.00 974.00
117592 08/02/2007 004431 AMERICAN PAYROLL Mb: APA 07/08 Jorgenson, M. 165.00 165.00
INSTITUTE INC
117593 08/02/2007 000747 AMERICAN PLANNING Green Bldg VVkshop 9/19 Riverside 70.00 70.00
ASSOCIATION
117594 08/02/2007 008279 AMERICOMP INFOSYSTEMS Computer Hardware: Info Sys 1,335.02 1,335.02
INC
117595 08/02/2007 011247 AN DU LLC refund:permit parcel 957-170-032 9,908.00
refund:permit parcel 957-170-032 2,500.00 12,408.00
117596 08/02/2007 003203 ARTISTIC EM8ROIDERY unifonns: central services 423.46 423.46
117597 08/02/2007 002648 AUTO CLU8 OF SOUTHERN New Membership: Jackson, Phil 67.00
CALIF
Membership: Koetting,B. 8/07-8/08 47.00
Membership: Tooke,M. 8/07-8/08 47.00
Membership: Johnston,R. 8/07-8/08 47.00
Membership: Yonker,J. 8/07-8/08 47.00
Membership: Clements,B. 8/07-8/08 47.00 302.00
117598 08/02/2007 010806 8ARNEYS TIRE AND WHEEL vehicle repair' fire prevention 96.98 96.98
117599 08/02/2007 010973 8ATTERIES PLUS battery supplies: PVV traffic div 64.54 64.54
Page:1
apChkLst Final Check List Page: 2
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117600 08/02/2007 004262 810- TOX LA80RATORIES DUI drug & alcohol screening:Police 780.00
DUI drug & alcohol screening:Police 729.41
DUI drug & alcohol screening:Police 386.80
creditunknoVVTl subject Bao, Steven -35.00 1,861.21
117601 08/02/2007 008605 80NTERRA CONSU L TING May/Jun c1eanup:rrsp basin 4,377.50 4,377.50
117602 08/02/2007 011238 8RAM8ILA, HORTENCIA Refund: Crocheting 7/11-8/1 40.00 40.00
117603 08/02/2007 010825 8RASSFIELD COMMUNICATION ANNUAL MNTC CCTV' P8SP 3,020.00 3,020.00
INC
117604 08/02/2007 011239 8ULLOCK, JILL Refund: Colby Level 3 Swimming 40.00
Refund: Ashlyn Level 4/5 Swim 40.00 80.00
117605 08/02/2007 006908 C C & COMPANY INC Entertainmentsummer concert 600.00 600.00
117606 08/02/2007 002363 CCPOA 33rd ann'l cont: Salazar/Fanene 390.00 390.00
117607 08/02/2007 011248 CADSAP, LEMUEL Refund: Mica Level 3 Swim 40.00 40.00
117608 08/02/2007 003138 CAL MAT PVV patch truck materials 752.89
PVV patch truck materials 542.63
PVV patch truck materials 327.56
PVV patch truck materials 323.04
PVV patch truck materials 314.80 2,260.92
117609 08/02/2007 005384 CALIF 8AGEL 8AKERY & DELI refreshments: tcsd 5/13/07 event 161.09 161.09
117610 08/02/2007 004971 CANON FINANCIAL SERVICES, Aug Copier Leases: Citywide 4,744.84 4,744.84
INC
117611 08/02/2007 010434 CATERERS CAFE Refreshments:Civic Ctr Design Mtg 19.29 19.29
117612 08/02/2007 001249 CENTRE FOR ORG team building 6/13/07" B&S 3,901.73 3,901.73
EFFECTIVENESS
117613 08/02/2007 011249 CHRISTIANSON, LAVERNE Refund: Stefani Harbor Cruise 20.00 20.00
117614 08/02/2007 004414 COMMUNITYVVORKS DESIGN Apr svcs:Pechanga pkvvy drains 5.481.00
GROUP
Mar/Apr plan ck svcs:Mrgita medians 600.00 6,081.00
117615 08/02/2007 006303 CONDUIT NETWORKS, INC Shore Gear Phone Switch: Info Sys 2,707.54
Excel III Training Services 2,160.00 4,867.54
Page2
apChkLst Final Check List Page: 3
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117616 08/02/2007 002945 CONSOLIDATED ELECTRICAL electrical supplies: TCSD Parks 10.31 10.31
DIST
117617 08/02/2007 011240 CORN EJO, U RSU LA Refund: Kieran Toddler Swimming 40.00 40.00
117618 08/02/2007 011241 CRISELL INVESTMENTS LLC Refund: Parcel 944-290-008 951.00 951.00
117619 08/02/2007 004123 D L PHARES & ASSOCIATES Aug lease pmts:police storefront 2,556.79 2,556.79
117620 08/02/2007 004569 DAVID TAUSSIG & Mar tax analysis:mall prkg structure 8,833.34
ASSOCIATES
Feb tax analysis:mall prkg structure 6,025.37
Apr tax analysis:mall prkg structure 200.00 15,058.71
117621 08/02/2007 006150 DIALOGIC COMMUNICATIONS Sales Tax Emergency Ntf Sys:IS 2,384.64 2,384.64
CORP
117622 08/02/2007 009918 DICKERSON, STACIE Refund: Blake Level 3 Swim 40.00
Refund: Kailee Level 3 Swim 40.00 80.00
117623 08/02/2007 004417 DISCOUNT SCHOOL SUPPLY rec supplies: childrens museum 29.68 29.68
117624 08/02/2007 004192 DOWNS COMMERCIAL Fuel City vehicles:CC/IS/PVVfTCSD 161.61 161.61
FUELING INC
117625 08/02/2007 000161 EDEN SYSTEMS INC '07 User Cf Denver 10/15 BrownANeston 1,200.00 1,200.00
117626 08/02/2007 000164 ESGIL CORPORATION Jun balance due: pin ck svc B&S 6,158.64 6,158.64
117627 08/02/2007 001056 EXCEL LAN DSCAPE JUN LANDSCAPE SVCS:L18RARY 1,050.92 1,050.92
117628 08/02/2007 000165 FEDERAL EXPRESS INC 6/25-7/10 express mail svcs 249.23 249.23
117629 08/02/2007 009241 FERRIERA, RICHARD D. FY 05-06 CFD 88-12 reimbursement 183.86 183.86
117630 08/02/2007 011145 FOSTER, JILL C. TCSD Instructor Eamings 350.00
TCSD Instructor Eamings 350.00
TCSD Instructor Eamings 171.50
TCSD Instructor Eamings 171.50 1,043.00
117631 08/02/2007 009097 FULL COMPASS SYSTEMS misc stage supplies: Theater 630.47 630.47
Page:3
apChkLst Final Check List Page: 4
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117632 08/02/2007 007866 G C S SUPPLIES INC printer toner/cartridges: Info Sys 4,332.21
printer toner/cartridges: Info Sys 2,438.12
printer toner/cartridges: Info Sys 539.91
HP Fuser Kits: Info Sys 408.01
HP Imaging Drum Kit Info Sys 337.00 8,055.25
117633 08/02/2007 011181 GARCIA, GUILLERMO entertainment:summer concert 1,200.00 1,200.00
117634 08/02/2007 010930 GARTNER, RONALD Entertainmentsummer concert 1,800.00 1,800.00
117635 08/02/2007 011204 GERMAN, JUANITA M. TCSD Instructor Eamings 306.60
TCSD Instructor Eamings 280.00
TCSD Instructor Eamings 113.40
TCSD Instructor Eamings 50,40 750,40
117636 08/02/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: lV Museum 16744 16744
INC
117637 08/02/2007 005947 GOLDEN STATE OVERNIGHT 7/2-11 express mail svc:Fire Prev 50.68 50.68
117638 08/02/2007 009909 GOULD JR, WILLIAM JAMES entertainment:summer concert 700.00
8/8 sound eng svc:summer concert 300.00
8/1 sound eng svc:summer concert 300.00 1,300.00
117639 08/02/2007 003792 GRAINGER safety cabinetfire stn 92 1,616.57
service jack:fire stn 92 956.66
backpack leaf blower:fire stn 92 390.81
misc tools & equip:fire stn 92 275.39
tool trolley stool :fire stn 92 208.26 3,447.69
117640 08/02/2007 005211 GROENIGER, GAYLE Refund:Kimberly/Gayle Crocheting 80.00
Refund:Kimberly/Gayle Tai Chi 68.00 148.00
117641 08/02/2007 000186 HANKS HARDWARE INC Hardware supplies:PVV Maint 414.17
Hardware supplies:PVV Traffic 106.97
exhibit supplies: history museum 7710
Hardware supplies:TCC 12,47
Hardware supplies:Maint Fac 10.13 620.84
117642 08/02/2007 004188 HARRIS & ASSOCIATES Jun svcs:pavement rehab stpl 7,790.00 7,790.00
117643 08/02/2007 001135 HEALTHPOINTE MEDICAL pre-employment physicals: H R 25.00 25.00
GROU P INC
117644 08/02/2007 004811 HEWLETT PACKARD H P Servers/Hardware: Info Sys 10,988.94
6 pickuplreturn svcs: Info Sys 762.00 11,750.94
Page4
apChkLst Final Check List Page: 5
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117645 08/02/2007 003198 HOME DEPOT, THE Hardware Supplies: TCSD Parks 25.59
Hardware Supplies: TCSD Parks 12.49 38.08
117646 08/02/2007 001060 HYATT htl:Accela Cf 8/5-1 0 Harris,T 809.08 809.08
117647 08/02/2007 006373 HYDRO SCAPE PRODUCTS INC strong box enclosure: TES Pool 2,478.25 2,478.25
117648 08/02/2007 011228 INLAND PLANNING AND MAY CONSULTING SVCS:OLD TOVVN 13,950.00 13,950.00
DESIGN INC DESIGN
117649 08/02/2007 001407 INTER VALLEY POOL SUPPLY POOL SANITIZING 480.38 480.38
INC CHEMICALS:AQUATICS
117650 08/02/2007 011251 JEFFERS, JAMES MICHAEL Refund:VVilliam/James Harbor Cruise 40.00 40.00
117651 08/02/2007 001091 KEYSER MARSTON May consulting svcs: Civic Ctr 770.00 770.00
ASSOCIATES INC
117652 08/02/2007 011252 LE80, DE8RA Refund: Camden Summer Camp 210.00 210.00
117653 08/02/2007 000482 LEIGHTON CONSULTING INC Apr-Jun geotech svcs:educ project 1,505.00 1,505.00
117654 08/02/2007 003726 LIFE ASSIST INC MEDICAL SUPPLIES. PARAMEDICS 953.33 953.33
117655 08/02/2007 003782 MAIN STREET SIGNS STREET SIGNS:PVV MAl NT DIV 164.86 164.86
117656 08/02/2007 004141 MAINTEX INC custodial supplies:CRC 261.94
custodial supplies:VVest Wing 261.94
custodial supplies:Library 261.94
custodial supplies:VVest Wing 46.10 831.92
117657 08/02/2007 004068 MANALlLI, AILEEN TCSD Instructor Eamings 168.00
TCSD Instructor Eamings 154.00
TCSD Instructor Eamings 124.25
TCSD Instructor Eamings 122.50
TCSD Instructor Eamings 94.50
TCSD Instructor Eamings 56.00 719.25
117658 08/02/2007 010931 MAR DELS 8AND INC entertainment:smr concert series 8/9/07 1,500.00 1,500.00
117659 08/02/2007 004307 MARINE 810CHEMISTS Jul water quality mntc:harv lake/duck 4,855.00 4,855.00
PageS
apChkLst Final Check List Page: 6
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117660 08/02/2007 001256 MARRIOTT HOTEL Htl:CMRTA Cf 10/17-19 Z.Smith 239.76 239.76
83845979
117661 08/02/2007 011245 MARTINEZ, SARAH refund:sec.depositlCRC 7/13/07 150.00 150.00
117662 08/02/2007 000220 MAURICE PRINTERS INC printing srvcs:T Museum 734.86 734.86
117663 08/02/2007 007669 MILES, KATRINA TCSD Instructor Eamings 472.50
TCSD Instructor Eamings 98.00
TCSD Instructor Eamings 70.00 640.50
117664 08/02/2007 001892 M081LE MODULAR 618-7f7107 modular bldg rental:Stn 92 832.40 832.40
117665 08/02/2007 004534 M081LE SATELLITE VENTURES Jul EOC Stn Satellite Phone Svcs 72.81 72.81
LP
117666 08/02/2007 000883 MONTELEONE EXCAVATING MARGARITA SLOPE REPAIR: PVV 3,060.00 3,060.00
MNTC
117667 08/02/2007 009915 MOUNTAINVIEVV COMMUNITY refund:sec depositfTCC 7/21 150.00 150.00
CHURCH
117668 08/02/2007 000230 MUNIFINANCIAL ASSESSMENT PU8L1C NOTICESTCSD 16,853.36
Jul-Sep assessment eng srvcsTCSD 6,365.82 23,219.18
117669 08/02/2007 008630 NEGRETE, MARIA Refund: Picnic Shelter 7/15/07 55.00 55.00
117670 08/02/2007 002037 NEXUS INTEGRATION digital phone card/add'l phone line:I.S. 2,225.76 2,225.76
SERVICES
117671 08/02/2007 011254 NORMAN, FLINT computer purchase prgm 2,000.00 2,000.00
117672 08/02/2007 002105 OLD TOVVN TIRE & SERVICE City Vehicle Repair/Maint Svcs 57.84 57.84
117673 08/02/2007 011244 OLDECK, JACQUELINE refund:beginning golf camp/1505.202 64.00 64.00
117674 08/02/2007 006944 OMN I HOTELS htl:CCPOA cf 9/5-7 L.Salazar 2009167930 494.23 494.23
117675 08/02/2007 006944 OMN I HOTELS htl:CCPOA cf 9/5-7 L.Fanene 2009121175 494.23 494.23
117676 08/02/2007 001171 ORIENTAL TRADING COMPANY Misc supplies teen pgrm 9745 9745
INC
Page:6
apChkLst Final Check List Page: 7
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117677 08/02/2007 002256 P & D CONSULTANTS INC Jun bldg insp svcs: 8&S 10,793.76 10,793.76
117678 08/02/2007 004538 PAULEY EQUIPMENT various equipment parts: tcsd 67.73 67.73
COMPANY
117679 08/02/2007 010869 PEllE, JESSICA refund:sec.depositlCRC 7/15/07 150.00 150.00
117680 08/02/2007 000249 PETTY CASH Petty Cash Reimbursement 568.28
Petty Cash Reimbursement 15.62 583.90
117681 08/02/2007 001999 PITNEY 80WES Jul-Sep postage meter rental:Cntrl Srvcs 269.11 269.11
117682 08/02/2007 002185 POSTMASTER Business Reply Postage Acct 1,500.00 1,500.00
117683 08/02/2007 006070 PRUHSMEIER, CATHERINE refund:dinner club @ the Merc 8/4 70.00 70.00
117684 08/02/2007 002612 RADIO SHACK INC misc equipment:Library 43.08 43.08
117685 08/02/2007 011200 RAIN FOREST CAFE EXCURSION:SMART PGRM 7/25/07 288.34 288.34
117686 08/02/2007 002072 RANCHO CALIF WATER Add't Inspect:Pauba Rd:PVVOO-09 7,855.78 7,855.78
DIST-FEES
117687 08/02/2007 000262 RANCHO CALIF WATER Jul 01-08-38009-0 Fire Stn 92 92.28
D ISTR ICT
Various TCSD VVater Meters 5,718.07 5,810.35
117688 08/02/2007 009762 REDHAWK COMMUNITY FY06/07 UTILITY REIM8/RDHWK 3,640.00 3,640.00
ASSOCIATION MEDIAN ISlND
117689 08/02/2007 004498 REPU8L1C INTELLIGENT Jun traffic signal repair/maintPVV 1,733.00
STREET LIGHT MAINT:PW 700.00 2,433.00
117690 08/02/2007 002412 RICHARDS WATSON & June 2007 legal services 132,337.57 132,337.57
GERSHON
117691 08/02/2007 000406 RIVERSIDE CO SHERIFFS June 07 Booking svcs 20,455.74 20,455.74
DEPT
117692 08/02/2007 000406 RIVERSIDE CO SHERIFFS July 4th law enforcement svcs 13,47746 13,477 46
DEPT
117693 08/02/2007 001365 RIVERSIDE COUNTY OF renew permitSam Hicks Park 105.00
renew permit Kent Hintergardt Park 105.00 210.00
Page:?
apChkLst Final Check List Page: 8
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117694 08/02/2007 011101 RIVERSIDE LAND Jun consulting srvcs:open space 9,992.88 9,992.88
CONSERVANCY
117695 08/02/2007 000873 ROBERTS, RONALD H. Reimb:SCAG:7/11-12:LosAngeles 10.00 10.00
117696 OB/02/2007 011243 ROTELL, ARI refund:skateboard dsgn/1148.201 75.00 75.00
117697 OB/02/2007 000277 S & S ARTS & CRAFTS INC RECREATION SUPPLlESTCSD 102.30 102.30
11769B OB/02/2007 009373 SALAZAR, JON Eng/Land Surveyors License 125.00 125.00
117699 OB/02/2007 009621 SCOTTSDALE COMMERCE LLC 1 yr off-site document storage/unit 12,100.00 12,100.00
117700 OB/02/2007 0100B9 SECURITAS SECURITY SRVCS May security srvcs:Harveston Lake Park 3,237.50
USA
Apr security srvcs:Harveston Lake Park 3,010.00
Jun security srvcs:Harveston Lake Park 2,913.75
Mar security srvcs:Harveston Lake Park 2,590.00
Feb security srvcs:Harveston Lake Park 1,90B.2B 13,659.53
117701 OB/02/2007 011250 SLOJKOVVSKI, DEBORAH refund:Parent N Me Swim/51 07.302 40.00 40.00
117702 OB/02/2007 000645 SMART & FINAL INC misc rec supplies: mpsc 195.32
recreation supplies: fam 153.B7
recreation supplies: fam 65.92
recreation supplies:tcsd 32.B1 447.92
117703 OB/02/2007 000537 SO CALIF EDISON Jul 2-00-397-5042 City Hall 10,04B.B1
JuI2-02-351-4946 MPSC 2,342.44
Jul 2-29-223-8607 Old Tvvn PED 1,72B.2B
JuI2-00-397-5067 various mtrs 1,669.B3
Jul 2-18-937-3152 T.Museum 1,502.20
JuI2-20-817-9929 Police OT Stn 424.9B
JuI2-28-904-7706 Overland Trail 12B.29
Jul 2-19-171-8568 Wedding Chpl 104.69
JuI2-21-981-4720 Hvvy 79S 60.97
JuI2-29-458-7548 Wolf Crk PED 5B.B9
JuI2-14-204-1615 Front St Rdio 50.25
JuI2-27-371-8494 Offsite Storage 24.66 1B,144.29
117704 OB/02/2007 001212 SO CALIF GAS COMPANY Jul City Fac meter usage chrgs 953.5B
Jul 095-167-7907-2 Fire Stn 84 1BO.B1
Jul1 01-525-1560-6 Fire Stn 73 67.77 1,202.16
Page:8
apChkLst Final Check List Page: 9
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117705 08/02/2007 000519 SOUTH COUNTY PEST pest control services:Harveston Park 84.00
CONTROL INC
pest control services:Old TOVVTl 84.00 168.00
117706 08/02/2007 007851 SOUTH COAST HEATING &AIR HVAC REPAIR & MAINT:CRC 400.00
HVAC REPAIR & MAINT:CITY HALL 247.50
HVAC repairs: Fire Station 84 188.58 836.08
117707 08/02/2007 004282 SOUTHWEST TRAFFIC VEHICLE EQUIP:PWTRAFFIC DIV 712.50 712.50
SYSTEMS
117708 08/02/2007 000293 STADIUM PIZZA INC rirshmnts:CRC youth prgm 62.00 62.00
117709 08/02/2007 007698 SWANK MOTIONS PICTURES, "Open Season" rental:movies in the park 271.00
INC.
"Hoot" rental:movies in the park 271.00
"Akeelah & the Bee" rental:movies/park 250.00
"Flushed Away" rental:movies in the park 171.00 963.00
117710 08/02/2007 010215 T & T JANITORIAL Jul janitorial services:City Facilities 7,301.76 7,301.76
117711 08/02/2007 000305 TARGET 8ANK 8US CARD misc supplies:MPSC 177.91
SRVCS
misc supplies: aquatics pgrm 144.75
misc supplies:4th of July events 130.35
recreation supplies: fam 125.70
recreation supplies: fam 39.92 618.63
117712 08/02/2007 010679 TEMECULA AUTO City vehicle maintFire Prev 48.69
REPAIR/RADIATOR
City vehicle maintFire Prev 38.97 87.66
117713 08/02/2007 010362 TEMECULA RESTAURANT KITCHEN EQUIP:FIRE STN 73 3,717.38 3,717.38
SU PPL Y
117714 08/02/2007 011042 TEMECULA VALLEY PRINT 8ROCHURES:EVERY 15 MIN PGRM 134.69 134.69
STOP
117715 08/02/2007 004274 TEMECULA VALLEY SECURITY locksmith services:City Hall 161.03 161.03
CENTR
117716 08/02/2007 000919 TEMECULA VALLEY UNIFIED POOL MAINTENANCE REIM8: CHS 43,990.40
SCHOOL
Jun '07 City vehicles fuel usage 972.09 44,962.49
117717 08/02/2007 010276 TIME WARNER CA8LE Jul high speed internet MPSC 44.95 44.95
117718 08/02/2007 004145 TIME WARNER TELECOM Jul City phones general usage 1,044.67 1,044.67
Page:9
apChkLst Final Check List Page: 10
08/03/2007 8:24:21AM CITY OF TEMECULA
Bank: union UNION BANK OF CALIFORNIA (Continued)
Check # Date Vendor Description Amount Paid Check Total
117719 08/02/2007 007433 TOVEY SH U L TZ Jun prgs pmt #11 :Field Oper Ctr 456,010.81
CONSTRUCTION INC
reverse retention 29.21
credit C/O #3 amount exceeded -292.01
ret.wlh pmt #11 :Field Oper Ctr -45,601.06 410,146.95
117720 08/02/2007 010558 TRADE IN.COM INC office furnishings:Fire Stn 92 8,998.20
dining table/chairs:Fire Stn 92 2,547.21 11,545.41
117721 08/02/2007 004759 11NIN GRAPHICS Vehicle graphics:police units 1,023.63 1,023.63
117722 08/02/2007 004001 U C REGENTS Map/Adv CrashZone:8/20-24 L.LaReau 590.00 590.00
117723 08/02/2007 008517 UNITED SITE SERVICES OF fence removal:Educ.Cntr rough grading 189.63 189.63
CA,INC
117724 08/02/2007 004261 VERIZON Jul xxx-0074 general usage 28714
Jul xxx-3526 fire alarm 197.80
Jul xxx-3564 alarm 65.79
Jul xxx-0714 PO Mall Alarm 35.35
Jul xxx-5275 PO OSL 33.91
Jul xxx-3984 M.Naggar 32.88
Jul xxx-2676 general usage 32.85
Jul xxx-5696 Sports Complex 32.85
Jul xxx-6084 general usage 31.95
Jul xxx-7786 C. Washington 31.82 782.34
117725 08/02/2007 004789 VERIZON ONLINE Jullnternet svcs xx9647 @ Library 439.95
Internet svcs/EOC backup @ stn 84 39.95 479.90
117726 08/02/2007 009663 VERNON L18RARY SUPPLIES balance due:RFIO Sys/library 2,018.10 2,018.10
INC
117727 08/02/2007 009101 VISION ONE INC JUN SHOWARE TICKETINGTHEATER 1,146.00 1,146.00
117728 08/02/2007 011242 WALCOTT INVESTMENTS refund:planning appl. 957-170-032-036 5,060.00 5,060.00
117729 08/02/2007 003730 WEST COAST AR80RISTS INC consulting arborist services 3/29/07 95.00 95.00
117730 08/02/2007 000339 WEST PU8L1SHING CORP Jun City Hall legal publication updates 188.60 188.60
117731 08/02/2007 007949 WESTERN ARTS ALLIANCE add'l chrg/8/27-30/07 cf:Portland 40.00 40.00
117732 08/02/2007 011139 WHITE, HEATHER refundtennis camp for kids/141 0.1 03 80.00 80.00
Page:10
apChkLst
08/03/2007
8:24:21AM
Bank: union UNION BANK OF CALIFORNIA
Check # Date Vendor
117733 08/02/2007 011253 VVILSON CREEKVVINERY
&VINEYARDS
117734 08/02/2007 000348 ZIGLER, GAIL
117735 08/02/2007 005195 ZOOLOGICAL SOCIETY
Final Check List
CITY OF TEMECULA
(Continued)
Description
Amount Paid
purchase oak barrels:Old TOVVTl
431.00
reimb:supplies-smr seriesfTeam PACE
123.90
Excursion:day camp 7/12/07
2,397.25
Grand total for UNION BANK OF CALIFORNIA:
Page: 11
Check Total
431.00
123.90
2,397.25
952,091.09
Page:11
apChkLst
08/03/2007
8:24:21AM
Final Check List
CITY OF TEMECULA
151
checks in this report.
Grand Total All Checks:
Page: 12
952,091.09
Page:12
I~-- .
,
II
ITEM NO.4
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
p..('
7f-
(J(L,
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
August 14, 2007
SUBJECT:
City Treasurer's Report as of June 30, 2007
PREPARED BY:
Rudy Graciano, Revenue Manager
Shannon Buckley, Accountant
RECOMMENDATION:
Approve and file the City Treasurer's Report as of June 30, 2007.
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, 2007.
FISCAL IMPACT:
None.
ATTACHMENTS:
City Treasurer's Report as of June 30, 2007
City of Temecula, California
Portfolio Management
Portfolio Summary
June 30, 2007
City of Temecula
43200 Business Park Drive
P.O.80X9033
Temecula, CA, 92590
(951)694-6430
p., Market Book %01 Days to YTM YTM
Investments Value Value Value Portfolio Term Maturity 350 Equiv. 365 Equiv.
Certificat6<3ofDep.asit-Bart 873,983.53 873,983.53 873,953.53 0.43 1,177 1,158 5.BGG 5.B78
Managed Pool Accourts 71,735,834.87 71,735,53487 71,735,834.87 35.47 , , 4.B3B 4.701
Letter of Credit TOG TOG 3.00 O.OG , , O.OGG O.OGG
LccalAgencylnv6<3tmeriFunds 79,B5B,988.42 79,B2B,88B.45 79,B5B,9W.42 3939 , , 5.158 5.230
FederalAgE>llcyCallableSecurities 42,795,000.00 42,491,lB8.25 42,788,485.00 21.'B 1,219 m 402Q 4.085
TreasuryCol{lonSecurities lGG,GGO.GO 99,721.00 97,597.00 0.05 ,n 'C 9a91 lO.02B
FederalAgencyBLJletSecLrities 2,000,000.00 1,993,75G.00 2,000,000.00 099 no we 5.051 5.132
InvestmJntContracts 5,055,488.75 5,055,488.75 5,055,488.75 2.51 9,335 7,372 4.289 4.349
202,228,298.58 201,889,835.86 202,219,380.58 100.00% 505 2" 4.716 4.781
Investments
Cash and Accrued Interest
Passbook/Chockirr;] 3,839,025.32 3,839,025.32 3,839,0&32 0.850 0.872
(notincludE>dinyieldcalculatioos)
Accrued Interest at plfchase 851.39 851.39
Subtotal 3,839,87771 3,839,87771
Total Cash and Investments 206,067,324.90 205,729,713.57 206,059,258.29 505 2" 4.716 4.781
Total Earnings June 30 Month Ending Fiscal Year To Date Fiscal Year Ending
CurrentYear 835,54g.yg g,008,804.34 g,008,804.34
Average Daily Balance 213,645,916.82 191,922,760.72
Effective Rate of Return 4.76% 4.69%
Reporting period 0610112007-0613012007
Portfolio TEME
CP
PM(PRF]M1)SymFep8.41.2D2a
ReportVer.5.DD
Run Date: D7!3O'20D7. 17:41
City of Temecula, California
Portfolio Management Page 2
Portfolio Details - Investments
June 30, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Certificates of Deposit - Bank
95453518-2 88-12 GENIM2 USBANK 06/12/2007 873,983.53 873,983.53 873,983.53 5.600 5.600 5.678 1,158 09/01/2010
---
Subtotal and Average 553,522.90 873,983.53 873,983.53 873,983.53 5.600 5.678 1,158
Managed Pool Accounts
104348008 01-2 IMP First American Treasury 09/01/2006 247,811.77 247,811.77 247,811.77 4.490 4.428 4.490
104348006 01-2 RES A First American Treasury 09/01/2006 456,041.25 456,041.25 456,041.25 4.490 4.428 4.490
104348016 01-2 RES B First American Treasury 09/01/2006 209,934.83 209,934.83 209,934.83 4.490 4.428 4.490
104348000 01-2 SP TAX First American Treasury 09/01/2006 639,291.72 639,291.72 639,291.72 4.490 4.428 4.490
94669911 03-1 ACOA1 First American Treasury 4,117.29 4,117.29 4,117.29 4.490 4.428 4.490
94669921 03-1 ACOB1 First American Treasury 14,563.61 14,563.61 14,563.61 4.490 4.428 4.490
94669902 03-1 BOND First American Treasury 0.34 0.34 0.34 5.880 5.799 5.880
94669906 03-1 RESA1 First American Treasury 0.01 0.01 0.01 4.740 4.675 4.740
94669916 03-1 RES B First American Treasury 240,140.53 240,140.53 240,140.53 4.490 4.428 4.490
94669000 03-1 SPTAX First American Treasury 689,861.79 689,861.79 689,861.79 4.490 4.428 4.490
793593011 03-2 ACO First American Treasury 39,687,547.86 39,687,547.86 39,687,547.86 4.490 4.428 4.490
793593003 03-2 CAP I First American Treasury 0.00 0.00 0.00 4.490 4.428 4.490
793593009 03-2 EMW D First American Treasury 1,452,475.10 1,452,475.10 1,452,475.10 4.490 4.428 4.490
793593007 03-2 IMP First American Treasury 1,117,699.53 1,117,699.53 1,117,699.53 4.490 4.428 4.490
793593010 03-2 PW ADM First American Treasury 688,701.60 688,701.60 688,701.60 4.490 4.428 4.490
793593006 03-2 RES First American Treasury 3,685,155.35 3,685,155.35 3,685,155.35 4.490 4.428 4.490
793593000 03-2 SP TX First American Treasury 02/01/2007 322,663.60 322,663.60 322,663.60 4.490 4.428 4.490
744727011 03-3 ACO 1 First American Treasury 8,762.39 8,762.39 8,762.39 4.490 4.428 4.490
744727002 03-3 BON D First American Treasury 0.51 0.51 0.51 3.920 3.866 3.920
744727007 03-3 CITY 1 First American Treasury 07/01/2006 107.59 107.59 107.59 4.490 4.428 4.490
744727009 03-3 EMW D 1 First American Treasury 974.57 974.57 974.57 4.490 4.428 4.490
94669000 03-3 SP TAX First American Treasury 1,188,617.41 1,188,617.41 1,188,617.41 4.490 4.428 4.490
94686001 03-4 ADMIN First American Treasury 17,235.58 17,235.58 17,235.58 4.490 4.428 4.490
94686005 03-4 PREPMT First American Treasury 3,923.45 3,923.45 3,923.45 4.490 4.428 4.490
94686000 03-4 REDEMP First American Treasury 69,879.34 69,879.34 69,879.34 4.490 4.428 4.490
94686006 03-4 RES First American Treasury 7,674.45 7,674.45 7,674.45 4.490 4.428 4.490
78776002 03-6 BON D First American Treasury 0.02 0.02 0.02 4.740 4.675 4.740
786776007 03-6 IMP First American Treasury 17.53 17.53 17.53 4.510 4.448 4.510
786776006 03-6 RES First American Treasury 351,348.47 351,348.47 351,348.47 4.490 4.428 4.490
786776000 03-6 SP TAX First American Treasury 169,770.01 169,770.01 169,770.01 4.490 4.428 4.490
95453510 88-12 BOND First American Treasury 93.88 93.88 93.88 4.490 4.428 4.490
95453515 88-12 DMR 1 First American Treasury 0.00 0.00 0.00 4.490 4.428 4.490
107886000 RDA 06 A INT First American Treasury 01/29/2007 26.46 26.46 26.46 4.500 4.438 4.500
107886010 RDA 06 B INT First American Treasury 06/11/2007 1,896.85 1,896.85 1,896.85 4.490 4.428 4.490
Portlolio TEME
CP
Run Date: 07/30/2007-17:41 PM (PRF _PM2) SymRept 6.41.202a
ReportVer.5.00
City of Temecula, California
Portfolio Management Page 3
Portfolio Details - Investments
June 30, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Managed Pool Accounts
107886008 RDA 06 CIP A First American Treasury 12/14/2006 171.55 171.55 171.55 4.490 4.428 4.490
107886018 RDA 06 CIP B First American Treasury 12/14/2006 323.35 323.35 323.35 4.490 4.428 4.490
107886009 RDA 06 COI A First American Treasury 12/14/2006 35,406.98 35,406.98 35,406.98 4.490 4.428 4.490
107886019 RDA 06 COI B First American Treasury 12/14/2006 6,253.39 6,253.39 6,253.39 4.490 4.428 4.490
107886016 RDA 06 RES B First American Treasury 12/14/2006 3,427.00 3,427.00 3,427.00 4.490 4.428 4.490
94434160 RDA TABs INT First American Treasury 181.78 181.78 181.78 4.490 4.428 4.490
94432360 TCSD COPs IN First American Treasury 755.82 755.82 755.82 4.490 4.428 4.490
107886008-1 RDA 06 CIP-l CA Local Agency Investment Fun 12/14/2006 17,597,532.51 17,597,532.51 17,597,532.51 5.230 5.158 5.230
107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 12/14/2006 2,815,445.80 2,815,445.80 2,815,445.80 5.230 5.158 5.230
107886006 RDA 06 RES A MBIA Surety Bond 12/14/2006 1.00 1.00 1.00 2.190 2.160 2.190
94434166 RDA TABs RES MBIA Surety Bond 1.00 1.00 1.00 2.190 2.160 2.190
---
Subtotal and Average 70,214,318.79 71,735,834.87 71,735,834.87 71,735,834.87 4.636 4.701
Letter of Credit
104348006-1 02008 ASSURANCE CO BOND INSURANCE 09/01/2006 1.00 1.00 1.00 0.000 0.000
793593006-2 02006 Citibank, NA 07/01/2006 1.00 1.00 1.00 0.000 0.000
793593006-1 02005 Ohio Savings Bank 07/01/2006 1.00 1.00 1.00 0.000 0.000
---
Subtotal and Average 3.00 3.00 3.00 3.00 0.000 0.000
Local Agency Investment Funds
94669911-1 03-1 ACO A2 CA Local Agency Investment Fun 1,413,652.45 1,413,652.45 1,413,652.45 5.230 5.158 5.230
94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,565,805.06 3,565,805.06 3,565,805.06 5.230 5.158 5.230
744727011-1 03-3 ACO 2 CA Local Agency Investment Fun 8,611,704.61 8,611,704.61 8,611,704.61 5.230 5.158 5.230
744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 2,973,561.39 2,973,561.39 2,973,561.39 5.230 5.158 5.230
744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 848,353.24 848,353.24 848,353.24 5.230 5.158 5.230
786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 478,321.91 478,321.91 478,321.91 5.230 5.158 5.230
SYSCITY CITY CA Local Agency Investment Fun 27,539,380.35 27,526,850.55 27,539,380.35 5.230 5.158 5.230
SYSRDA RDA CA Local Agency Investment Fun 24,601,735.71 24,590,542.46 24,601,735.71 5.230 5.158 5.230
SYSRDA TABS-4 RDA TABs-4 CA Local Agency Investment Fun 0.00 0.00 0.00 5.129 5.059 5.129
SYSTCSD TCSD CA Local Agency Investment Fun 9,624,473.70 9,620,094.78 9,624,473.70 5.230 5.158 5.230
---
Subtotal and Average 86,876,988.42 79,656,988.42 79,628,886.45 79,656,988.42 5.158 5.230
Federal Agency Callable Securities
31331XBC5 01056 Federal Farm Credit Bank 10/19/2006 2,000,000.00 1,996,260.00 2,000,000.00 5.500 5.425 5.500 1,571 10/19/2011
31331XCZ3 01057 Federal Farm Credit Bank 11/13/2006 1,000,000.00 998,130.00 1,000,000.00 5.250 5.178 5.250 B66 11/13/2009
31331XMA7 01058 Federal Farm Credit Bank 01/18/2007 2,000,000.00 1,992,500.00 2,000,000.00 5.400 5.326 5.400 1,662 01/18/2012
3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 3,014,742.00 3,050,000.00 3.100 3.058 3.101 191 01/08/2008
3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,928,856.65 2,965,000.00 3.000 2.960 3.001 190 01/07/2008
Portlolio TEME
CP
Run Date: 07/30/2007-17:41 PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management Page 4
Portfolio Details - Investments
June 30, 2007
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Federal Agency Callable Securities
3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,965,320.00 3,000,000.00 3.000 2.960 3.001 1BO 12/28/2007
3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 988,440.00 1,000,000.00 3.000 2.960 3.001 1BO 12/28/2007
3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 988,440.00 1,000,000.00 3.150 3.108 3.151 197 01/14/2008
3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,975,620.00 2,000,000.00 3.070 3.029 3.071 19B 01/15/2008
3133X5K49 01020 Federal Home Loan Bank 04/16/2004 1,000,000.00 988,130.00 1,000,000.00 3.125 3.083 3.126 199 01/16/2008
3133X5QF8 01021 Federal Home Loan Bank 04/22/2004 2,000,000.00 1,973,760.00 2,000,000.00 3.000 2.960 3.001 205 01/22/2008
3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,978,760.00 2,000,000.00 3.520 3.473 3.521 213 01/30/2008
3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,996,250.00 2,997,360.00 4.250 4.238 4.296 3B 08/08/2007
3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 957,897.60 960,000.00 4.380 4.320 4.380 75 09/14/2007
3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,985,930.00 2,998,125.00 4.375 4.347 4.407 173 12/21/2007
3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 618,450.00 620,000.00 4.400 4.340 4.400 B9 09/28/2007
3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,986,880.00 2,000,000.00 4.500 4.438 4.500 271 03/28/2008
3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 994,380.00 1,000,000.00 4.230 4.174 4.232 1BO 12/28/2007
3133XKGDl 01063 Federal Home Loan Bank 04/25/2007 200,000.00 199,312.00 200,000.00 5.250 5.177 5.249 1,020 04/16/2010
3133XKGDl 01064 Federal Home Loan Bank 04/26/2007 1,000,000.00 996,560.00 1,000,000.00 5.250 5.177 5.249 1,020 04/16/2010
3133XL4P5 01066 Federal Home Loan Bank 06/04/2007 1,000,000.00 996,880.00 1,000,000.00 5.300 5.227 5.300 1,069 06/04/2010
3133XL6S7 01067 Federal Home Loan Bank 06/06/2007 1,000,000.00 995,940.00 1,000,000.00 6.000 5.918 6.000 1,802 06/06/2012
3133XKHB4 1061 Federal Home Loan Bank 04116/2007 1,000,000.00 999,060.00 1,000,000.00 5.250 5.178 5.250 290 04/16/2008
3133XKH24 1062 Federal Home Loan Bank 04116/2007 1,000,000.00 991,250.00 1,000,000.00 5.250 5.178 5.250 1,751 04/16/2012
3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 998,550.00 998,000.00 3.750 3.784 3.837 33 08/03/2007
3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 996,920.00 1,000,000.00 4.050 3.993 4.048 B5 09/24/2007
3128X4NUl 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 997,010.00 1,000,000.00 4.375 4.315 4.375 109 10/18/2007
31398ABC5 1065 Federal National Mtg Assn 05/11/2007 1,000,000.00 990,940.00 1,000,000.00 5.300 5.227 5.300 1,772 05/07/2012
---
Subtotal and Average 43,455,151.67 42,795,000.00 42,491,168.25 42,788,485.00 4.029 4.085 478
Treasury Coupon Securities
912795ZS3 02009 U.S. Treasury 01/29/2007 100,000.00 99,721.00 97,597.00 4.860 9.891 10.028 25 07/26/2007
---
Subtotal and Average 358,530.08 100,000.00 99,721.00 97,597.00 9.891 10.028 25
Federal Agency Bullet Securities
31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 994,690.00 1,000,000.00 5.000 4.933 5.002 1,060 OS/26/2010
3133XJRX8 01060 Federal Home Loan Bank 01/30/2007 1,000,000.00 999,060.00 1,000,000.00 5.250 5.189 5.261 152 11/30/2007
---
Subtotal and Average 2,000,000.00 2,000,000.00 1,993,750.00 2,000,000.00 5.061 5.132 606
Investment Contracts
94669906-1 03-1 RESA2 American International Group M 04/28/2004 863,900.00 863,900.00 863,900.00 4.830 4.764 4.830 9,558 08/31/2033
744727006-1 03-3 RESERV IXIS Funding Corp 07/28/2004 2,171,120.00 2,171,120.00 2,171,120.00 3.000 2.959 3.000 9,923 08/31/2034
95453518-1 88-12 GEN 1M IXIS Funding Corp 07/24/1998 500,000.00 500,000.00 500,000.00 5.430 5.509 5.585 3,715 09/01/2017
Portlolio TEME
CP
Run Date: 07/30/2007-17:41 PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Investments
June 30, 2007
Page 5
Average Purchase Stated YTM YTM Days to Maturity
CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date
Investment Contracts
95453516-1 88-12 RES 2 IXIS Funding Corp 07/24/1998 1,531 ,468.76 1,531 ,468.76 1,531,468.76 5.430 5.509 5.585 3,715 09/01/2017
---
Subtotal and Average 5,066,488.76 5,066,488.76 5,066,488.76 5,066,488.76 4.289 4.349 7,372
Total and Average 213,645,916.82 202,228,298.58 201,889,835.86 202,219,380.58 4.716 4.781 298
Run Date: 07/30/2007-17:41
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
City of Temecula, California
Portfolio Management
Portfolio Details - Cash
June 30, 2007
Average Purchase
CUSIP Investment # Issuer Balance Date Par Value Market Value
Retention Escrow Account
SYSBARN HART 1 BARN HART 1 California Bank & Trust 132,965.32 132,965.32
SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 113,035.31 113,035.31
PREMIER BANK PREMIER BANK PREMIER BANK 08/18/2006 448,672.61 448,672.61
PFF BANK & TRUS PFF BANK PFF BANK & TRUST 11/13/2006 325,649.57 325,649.57
Passbook/Checking Accounts
SYSPetty Cash Petty Cash City of Temecula 07/01/2006 2,710.00 2,710.00
SYSFlex Ck Acet Flex Ck Acet Union Bank of California 07/01/2006 12,528.14 12,528.14
SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2006 2,784,528.87 2,784,528.87
SYSParking Ck PARKING CITA Union Bank of California 07/01/2006 18,936.50 18,936.50
Average Balance 0.00 Accrued Interest at Purchase 851.39
Subtotal 3,839,877.71
Total Cash and Investmentss 213,645,916.82 206,067,324.90 205,729,713.57
Run Date: 07/30/2007-17:41
Page 6
Stated YTM YTM Days to
Book Value Rate 360 365 Maturity
132,965.32 3.000 2.959 3.000
113,035.31 1.250 1.233 1.250
448,672.61 5.000 4.932 5.000
325,649.57 1.736 1.712 1.736
2,710.00
12,528.14
2,784,528.87
18,936.50
0.000
0.000
0.000
0.000
0.000
0.000
0.000
0.000
851.39
3,839,877.71
206,059,258.29
4.716 4.781
298
Portlolio TEME
CP
PM (PRF _PM2) SymRept 6.41.202a
CASH AND INVESTMENTS REPORT
CITY OF TEMECULA
THROUGH JUNE 2007
GRAND TOTAL
FUND TOTAL
50,740,173.33
25,889.43
6,754.99
8,965,909.20
371,179.22
9,307,785.65
5,379,320.58
657,901.81
101,397.31
137,567.33
41,874.20
34,033.57
309,928.55
788,355.51
23,532,194.33
247,811.77
4,998,138.41
12,443,463.79
478,339.44
42,257,722.49
22,908,824.50
1,262,409.36
398,655.21
428,990.30
228,481.60
28,487.60
2,416,700.05
10,388.63
4,351,584.75
1,494,723.92
1,936,696.16
219,108.57
3,799,514.95
552,265.02
4,867,142.04
205.729.713.57
001 GENERAL FUND
100 STATE GAS TAX FUND
101 STATE TRANSPORTATION FUND
120 DEVELOPMENT IMP ACT FUND
150 AB 2766 FUND
165 RDA DEV LOW/MOD 20% SET ASIDE
170 MEASURE A FUND
190 TEMECULA COMMUNITY SERVICES DISTRICT
192 TCSD SERVICE LEVEL "B" STREET LIGHTS
193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE
194 TCSD SERVICE LEVEL "D" REFUSE/RECYCLING
195 TCSD SERVICE LEVEL "R" STREET/ROAD MAINT
196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT.
197 TEMECULA LIBRARY FUND
210 CAPITAL IMPROVEMENT PROJECT FUND
272 CFD 01-2 HARVESTON A&B IMPROVEMENT FUND
273 CFD 03-1 CROWNE HILL IMPROVEMENT FUND
275 CFD 03-3 WOLF CREEK IMPROVEMENT FUND
276 CFD 03-6 HARVESTON 2 IMPROVEMENT FUND
277 CFD-RORIPAUGH
280 REDEVELOPMENT AGENCY - CIP PROJECT
300 INSURANCE FUND
310 VEHICLES FUND
320 INFORMATION SYSTEMS
330 SUPPORT SERVICES
340 FACILITIES
380 RDA 2002 TABS DEBT SERVICE
390 TCSD 2001 COP'S DEBT SERVICE
460 CFD 88-12 DEBT SERVICE FUND
472 CFD 01-2 HARVESTON A&B DEBT SERVICE
473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND
474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE
475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND
476 CFD 03-6 HARVESTON 2 DEBT SERVICE FUND
477 CFD- RORIPAUGH
I~-- .
,
II
ITEM NO.5
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney p.r
Director of Finance zfr
City Manager (}'-'
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Genie Roberts, Director of Finance
DATE:
August 14, 2007
SUBJECT:
TrusteelFiscal Agent Services for Fiscal Year 2007-08
PREPARED BY:
David Bilby, Senior Debt Analyst
RECOMMENDATION: That the City Council approve the expenditure of $39,065 for annual
TrusteelFiscal Agent services provided by US Bank for the City's Community Facilities Districts,
Assessment District, Tax Allocation Bonds, and Certificates of Participation for fiscal year 2007/08.
BACKGROUND: The City of Temecula has six (6) existing Community Facilities
Districts and one (1) Assessment District:
*
CFD 88-12 (Ynez Corridor)
CFD 01-2 (Harveston)
CFD 03-1 (Crowne Hill)
CFD 03-2 (Roripaugh Ranch)
*
CFD 03-3 (Wolf Creek)
CFD 03-6 (Harveston II)
AD 03-4 (John Warner Road)
*
*
*
*
*
Additionally, the Redevelopment Agency has issued Tax Allocation Bonds and the Temecula
Community Services District has issued Certificates of Participation. Arbitrage calculations will be
performed in the coming year for CFD 03-1 Series A Crowne Hill Bonds.
During formation of each of these bond issues, a Fiscal Agent Agreement, Trust Agreement or
Indenture of Trust was executed with US Bank to remain in effect for the duration of the financing.
Services provided by the TrusteelFiscal Agent include establishing and holding accounts (such as
the special tax fund, improvement fund, reserve fund, and administrative fund), transferring funds
between accounts to pay debt service, disbursing funds to the City upon receipt of draw requests,
dissemination of annual disclosure information for both the developer and City as bond issuer, and
arbitrage monitoring/reporting.
FISCAL IMPACT: Funds for the TrusteelFiscal Agent services are included in the annual
special tax levies for each of the Districts. As such, each of the special district funds will have
sufficient budget to pay for these services.
ATTACHMENTS:
US Bank Schedule of Fees for FY 2007-08
US BANK
SCHEDULE OF FEES FOR
CITY OF TEMECULA
FY 2007-08
Bond Issue
ICFD No. 03-03 (Wolf Creek)
CFD No. 03-06 (Harveston II)
CFD No. 03-02 (Roripaugh)
CFD No. 01-2 (Harveston I)
CFD No. 03-1 (Crowne Hili)
CFD No. 88-12 (Ynez Corridor)
AD No. 03-04 (John Warner)
FY 2007-08
Esti mated
Fees
$4,700
$3,700
$2,200
$3,300
$7,400
$3,300
$1,140
*
2001 COP
2002 RDA
2006 Series A RDA
2006 Series B RDA
$3,850
$3,850
$2,550
$3,075
Total
$39,065
* Amount Includes $2,500 for Arbitrage Rebate Calculation
I~-- .
,
II
ITEM NO.6
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
JM.r
?fr
lJCl-
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Jerry Williams, Chief of Police
DATE:
August 14, 2007
SUBJECT:
Edward Byrne Memorial Justice Assistance Grant Application
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION:
That the City Council:
1. Approve the Edward Byrne Memorial Justice Assistance Grant Application for a
proposed amount of $24,761.
2. Increase estimated General Fund Grant Revenue by $24,761.
3. Appropriate $24,761 from General Fund Grant Revenue to the Police Department.
BACKGROUND: The Edward Byrne Memorial Justice Assistance Grant Program (JAG)
is awarded by Bureau of Justice Assistance (BJA). It allows local governments to support a broad
range of activities to prevent and control crime. This grant replaces the Local Law Enforcement
Block Grant (LLEBG) program that has funded law enforcement projects within the City of Temecula
in previous years.
Review requirements for submission of the JAG grant proposal to the BJA include:
1. 30 day review period by the community with an opportunity to comment.
2. Approval of the application by the City Council.
A notice was published in the local papers on Wednesday July 11 outlining the grant application.
The notice invited the public to review a copy of the grant application posted in the law library at City
Hall and to submit written comments or to make verbal comments in person on the date of action.
The 2007 JAG proposal requests funds to purchase equipment to streamline the citation tracking
capabilities of the Temecula Police Department patrol division. These funds will be used to
purchase handheld citation systems to write traffic citations, record the information into a central
database and download the information to the court. This will dramatically reduce the processing
time for patrol citations and allow our Patrol Officers to be on the street keeping our residents safe,
rather than entering information at the station. The funds will also purchase digital cameras for
recording criminal activity.
FISCAL IMPACT: General Fund grant revenues will be increased by $24,761 and will
offset the appropriation of $24,761 in the Police Department budget for grant expenditures (001-
170-502-5242).
ATTACHMENTS:
Edward Byrne Memorial Justice Assistance Grant Application.
City of Temecula
Edward Byrne Memorial Justice Assistance Grant Application
Program Narrative
Pronosal to Streamline the Citv of Temecula Patrol Division Citation Process
Program Challenges
As one of the fastest-growing cities in Riverside County, Temecula faces a significant challenge to keep
pace with rapid population growth. Between 1990 and 2007, Temecula grew in population from 27,099
to 97,935, a 26100 growth rate. As thousands of new homes are built and many new businesses locate
witbin tbe City, traffic congestion and associated traffic collisions have become a major concem. In
addition, as of 2000, 42.6% of Temecula's households were reported to have children under the age of 18.
As tbese children mature and reach driving age we encounter additional traffic challenges such as speed
related accidents associated with a lack of experience.
The City of Temecula has maintained a proactive enforcement program. ()ur traffic enforcement division
comprised oftbirteen motorcycle officers and six automobile officers is the one oftbe largest in Riverside
County for a City of our population. As we grow, however, we continue work smarter to maintain our
proactive pattern. Utilizing JAG funds from the previous year as well as a grant from the Office of
Traffic Safety, we have outfitted our traffic division with handheld citation devices which greatly reduce
the time it takes to process citations and gatber statistics.
There are still a great number of citations processed by our general Patrol ()fficers who have an even
greater range throughout tbe City. This requires a great deal of processing by clerical workers, resulting
in a lag in citation statistics. With the high volume of traffic on Temecula roads, updated statistics are
crucial for enforcing violators and making botb short and long term improvements to traffic flow.
Program Solutions
In tbe past fiscal year we applied for grant funding tbrough tbe Office of Traffic Safety to purchase an
automated citation interface system. This system comprised of software and thirteen handheld citation
devices feed directly into the Police Department's traffic citation database eliminating tbe need to
manually enter most of our citations. In addition, tbe system transmits citation data directly to the courts
for rapid processing. The Police Department database also synchronizes with tbe City Public Works
database, allowing tbem to have up to date traffic information in order to model design improvements.
The Temecula Police Department used Justice Assistance Grant funds last fiscal year to purchase and
outfit our six automobile traffic officers witb handheld citation devices.
With the increase in population and tourism in Temecula, combined with a program of proactive patrol,
citations processed by our patrol bureau are increasing exponentially. The City of Temecula proposes to
purchase handheld citation systems to be issued by the watch commander to the Patrol Officers in tbeir
watch. These (lfficers will process moving violation citations using an electronic interface rather tban the
time consuming paper citation. When they retum to the Police Station, the citations will be downloaded
into the traffic database and processed through the courts using the existing process. As an additional
measure, we propose to purchase 8 digital cameras which will also be deployed tbroughout tbe patrol
zones allowing for documentation of criminal activity and coordination of enforcement.
City of Temecula
Edward Byrne Memorial Justice Assistance Grant Proposal
Page 2 of5
Budget Narrative
E. Supplies List items by type (office supplies, postage, training materials, copying paper and
expendable equipment items costing less !ban $5,000, such as books, hand held tape recorders) and show
the basis for computation. (Note: Organization's own capitalization policy may be used for items costing
less !ban $5,000). Generally, supplies include any materials !bat are expendable or consumed during the
course of !be proj ect.
This pro/ect will be to purchase 15 handheld citation systems to be used by Patrol Officers who patrol
throughout the City 24 hours a day. These citation devices will allow Patrol Officers to expeditiouslv
write citations as they see them - increasing traffic enforcement throughout the City. These systems will
link up with a traffic citation database and be transmitted directly to the courts. ]n addition, the Police
Department database will synchronize with the City Public FVorks database, allowing them to have up to
date trciffic information in order to model design improvements. ]n addition to Citation Devices, the
Temecula Police Department will purchase digital cameras for use by patrol in documenting criminal
activity and coordinating enforcement.
Supply Items
Corn putation
Cost
Handheld Traffic Citation System
Otterbox Rugged Handheld Case
.Memory Cards for Handhelds
Handheld Bluetooth Printers with
}.Iag Stripe Readers
.Memory Card Readers ($25.0.0./each x 5 sets)
Handheld Printer Wall Chargers ($54. o.o..each x 15 sets)
Handheld Printer Car Chargers ($92.S6/each x 15 sets)
Handheld Printer Paper (150. cites.rol!) ($4.0.0.'roll x 20.2 rolls)
Olympus Digital Cameras ($30.0./each x S)
Afemory Cards for Cameras ($50.'each x 8)
Pelican Cases for Cameras ($40.'each x 8)
Sales Tax
($349.0.0./each x 15 sets)
($1 0.0. o.o..eachx 15 sets)
($25.0.0./eachx 15 sets)
($695.0.0'each x 15 sets)
$5,235.0.0.
$1,50.0..0.0.
$r5.0.0.
$10.,425.0.0.
$125.0.0.
$810.0.0.
$1,392.90.
$80.8.0.0.
$2,40.0..0.0.
$40.0..0.0.
$320..0.0.
$9ry3.o.S
TOTAL $24,763.98
c:\ WINDOWS\ap~Joc\nettemp\42(lU $ASQpJf852748.Joc
City of Iemecula
Edward Byrne Memorial Justice Assistance Grant Proposal
Page 3 of 5
Budget Summary - When you have completed !be budget worksheet, transfer the totals for each
category to the spaces below. Compute the total direct costs and the total project costs. Indicate the
amount of Federal requested and the amount of non-Federal funds that will support the project.
Budget Category Amount
A. Personnel $0
B. Fringe Benefits $0
c. Travel $0
D. Equipment $0
E. Supplies $24,763.98
F. Construction $0
G. ConsultantslContracts $0
H. Other $0
Total Direct Costs $24,763.98
1. Indirect Costs $0
TOTAL PROJECT COSTS $24,763.98
Federal Request $24,763.98
Non-Federal Amount $2.98
c:\ WINDOWS\ap~Joc\nettemp\42(lU $ASQpJf852748.Joc
City of Temecula
Edward Byrne Memorial Justice Assistance Grant Proposal
Page 4 of5
Review Narrative
On Wednesday, 7/11/07 !be following notice will be published in !be local media, on !be City of
Temecula website and at three locations around City HaiL
Notice of Availabilitv for review and comment
THE CITY OF TEMECULA
43200 Business Park Drive
Temecula, CA 92590
CONSIDERATION OF A GRANT APPLICATION has been scheduled before the CITY
COUNCIL
to consider the matter described below.
Case No:
Grant Application - Edward Byrne Memorial Justice
Assistance Grant
City of Temecula Police Department
Citywide
The City of Temecula Police Department is applying for
grant funds to streamline the processes of traffic citations
for the Patrol Division.
Applicant:
Location:
Proposal:
Any person may submit written comments to the Temecula Police Department before the date
of action or may appear and be heard in support of or opposition to the grant at the date of
action. The proposed grant application may be viewed in the Law Library, in the City Clerk's
Department, 43200 Business Park Drive, Temecula, California, Monday through Friday from
8:00 a.m. until 5:00 p.m. Questions concerning the grant may be addressed to Heidi Schrader,
City of Temecula Police Department, (951) 693-3923.
PLACE OF ACTION
Citl( Council Chambers
43200 Business Park Drive
Temecula, California
AW;lUst 14. 2007
7:00 PM
DATE OF ACTION
TIME OF HEARING
c:\ WINDOWS\ap~Joc\nettemp\42(lU $ASQpJf852748.Joc
City of Temecula
Edward Byrne Memorial Justice Assistance Grant Proposal
Page 5 of 5
On the date of August 14,2007, the following agenda report will be sent to !be Ternecula City Council for
consent and approval by !be local goveming body.
TO: City ManagerlCity Council
FROM: Mitch Aim, Chief of Police
DATE: August 14, 2007
SUBJECT: Edward Byrne Memorial Justice Assistance Grant Application
PREPARED BY:
Heidi Schrader, Management Analyst
RECOMMENDATION: That the City Council approve the Edward Byrne Memorial Justice
Assistance Grant Application for a proposed amount of $24,761.
BACKGROUND: The Edward Byrne Memorial Justice Assistance Grant Program
(JAG) is awarded by Bureau of Justice Assistance (BJA). It allows local governments to support
a broad range of activities to prevent and control crime. This grant replaces the Local Law
Enforcement Block Grant (LLEBG) program that has funded law enforcement projects within the
City of Temecula in previous years.
Review requirements for submission of the JAG grant proposal to the BJA include:
1. Thirty day review period by the community with an opportunity to comment.
2. Approval of the application by the City Council.
A notice was published in the local papers on Wednesday July 11, 2007, outlining the grant
application. The notice invited the public to review a copy of the grant application posted in the
law library at City Hall and to submit written comments or to make verbal comments in person
on the date of action.
The 2007 JAG proposal requests funds to purchase equipment to streamline the citation
tracking capabilities of the Temecula Police Department Patrol Division. These funds will be
used to purchase handheld citation systems to write traffic citations, record the information into
a central database, and download the information to the court. This will dramatically reduce the
processing time for patrol citations and allow our patrol officers to be on the street keeping our
residents safe, rather than entering information at the station. The funds will also purchase
digital cameras for recording criminal activity.
FISCAL IMPACT:
of award.
Appropriation of funds for the grant will be made upon notification
ATTACHMENTS:
Edward Byrne Memorial Justice Assistance Grant Application.
c:\ WINDOWS\ap~Joc\nettemp\42(lU $ASQpJf852748.Joc
I~-- .
,
II
ITEM NO.7
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney V
Director of Finance 9G-
City Manager <J.l-.,
CITY OF TEMECULA
AGENDA REPORT
TO:
City ManagerlCity Council
FROM:
Aaron Adams, Assistant City Manager
DATE:
August 14, 2007
SUBJECT:
Approve FY2007-08 Economic Development Operating Agreement with the
Temecula Valley Chamber of Commerce
PREPARED BY:
Gloria Wolnick, Marketing Coordinator
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 $151 ,400.
BACKGROUND: For a number of years, the City has had a philosophy of partnering with other
agencies to lend synergy to our economic development efforts.
The Economic Development Subcommittee of the City Council (Mayor Washington and Council
Member Roberts), and staff met to discuss the Economic Development funding requests on March
21, 2007. The subcommittee has recommended approval of this amount and the City Council
subsequently approved this funding in the FY2007-08 Operating Budget.
The Temecula Valley Chamber of Commerce has provided a summary of materials including their
work plan, financials and services that they provide (see Attachment 1A). Also, attached is the
operating agreement for the organization for the FY2007-08 term. Funding of the program in the
amount of $151 ,400 has been allocated.
Temecula Valley Chamber of Commerce
The mission of the Chamber is to promote the economic environment of all member businesses and
by doing so, support the programs which preserve and improve the quality of life.
The Chamber primarily supports the area's business community, responds to relocation and
business inquiries and sends corresponding information to prospective residents and potential
businesses. As part of the City of Temecula's Outreach Program, the Chamber actively partners
with the City in its business retention efforts by attending site visits, assisting with special events that
acknowledge local businesses and responding to business requests.
The Chamber partners with the Small Business Development Center (SBDC) to offer business
counseling services and on a monthly basis provides Workshops on key topics such as Target
Marketing: E-Commerce and Marketing Communications. The Chamber also provides meeting
space to many local non-profit organizations such as Partners in Education, The Arts Council, Safe
Alternatives for Everyone (SAFE) and SCORE representatives who offer counseling services to
individuals starting businesses and businesses wishing to expand.
The Chamber encourages existing businesses and residents to "Shop Temecula First" and provides
avenues for businesses to promote their products and services. The Chamber serves as a
representative for business legislative issues that affect the overall welfare of the business
community.
In cooperation with the School District, the Chamber plans, coordinates and assists in programs that
foster and encourage a viable working partnership among businesses, educators and students. The
Chamber assists with the annual youth job fair. Last year, over 200 students met with over 30
employers.
To meet the needs of businesses, the Chamber assists Southern California Edison (SCE) in
marketing monthly SCE Workshops relating to energy management and efficiency for small to large
businesses.
The Chamber organizes a wide variety of business programs and events throughout the year
including the State of the City Address, Business & Economic Outlook Conference, and Legislative
Summit. A newly formed event which focuses on "Women In Business" creating Opportunities,
Connections & Resources for women. The Chamber has 19 additional networking opportunities
with a total number of 66 networking events. The 5 Minute Networking event, Ambassador
Workshops, Women In Business Workshops, Networking Luncheons and Business Resource
events. In addition, they also produce various outreach materials including the Business Resource
Guide and Business Directory and city map.
The Chamber serves as an informational resource center for members and the communityat large.
In 2006, the Chamber responded to over 57,000 requests for information via phone, walk-in, email,
and mail. The Chamber is made up of 1,400 members and has represented the interests of the
local business community.
The Chamber's request in the amount of $151,400 was budgeted in the FY2007-08 Operating
Budget.
FISCAL IMPACT: Funding for the Temecula Valley Chamber of Commerce is available
in the FY2007 -08 Economic Development Department Operating Budget #001-111-999-5264.
ATTACHMENTS:
1A
1B
Temecula Valley Chamber of Commerce Support Information
CitylChamber Operating Agreement
ATTACHMENT1A
Temecula Valley Chamber of Commerce Support Information
r)
I QUESTIONS
Application Page 3
Professional Organization
I. Describe your organization, goals, operations, and activities and how it benefits the economic
development of Temecula?
Mission Statement: The Mission of the Temecula Valley Chamber of Commerce is
to promote the economic environment of all member businesses and by doing so,
support the programs which preserve and improve the quality of life.
Goals: To encourage the growth of existing member industries and businesses. To
assist legitimate firms or individuals seeking to locate in the Temecula Valley. To
serve as a responsible representative for all business legislation and activity that
affects the overall welfare of our members. To serve as an informational resource
center for members and the community at large.
Core Values: Create a Strong Local Economy; Represent Business with Local
Government; Provide Networking Opportunities; Promote the Community and
Influence Political Action.
o
To continue to coordinate the State of the City Address, Annual Awards Gala,
Business & Economic Outlook Conference, Legislative Summit, Member to Member
Discount Program, Business Expo, Networking events, Business Success Forums,
Power Networking Workshop, Technology Expo, Candidates Forum, Good Morning
Sacramento event, Partners In Learning and Ribbon Cutting promotions for business
members. Service all inquiries requesting area information such as visitors guides
(servicing all Westways visitors requests), demographics, city maps, relocation
guides, homes & rental information, newsletters, e-commerce News and the 2007
Business Resource Guide and Business Directory. In 2006 the TVCC responded to
over 57,000 requests for information via phone, walk-in, email, and mail.
2. Does your organization submit to Staff the required information, monthly reports,
financials, etc. on time?
Yes
3. Explain how your organization has worked well with the community to achieve your goals?
, .
.. I
,._J
Supporting the business community is one of the major goals of the Temecula Valley
Chamber of Commerce. The Chamber recently partnered with the Small Business
Development Center to offer business counseling services twice monthly. The
SBDC also provides quarterly Small Business Training Workshops, offering detailed
information on key business issues such as employer taxes, opportunities for doing
business with the Government and SBA loans. Since its inception, the SBDC has
provided counseling sessions and topic-based seminars to over 50 Chamber
business owners and potential clients. The TVCC provides meeting space to
o
SCORE representatives who offer counseling services to individuals starting
businesses and businesses wishing to expand. In 2006 SCORE representatives
counseled over 200 individuals.
The Temecula Valley Chamber of Commerce, as a partner in the Southwest
California Legislative Council, a regional coalition, strives to take a proactive role in
legislative issues of importance to our members and the residents of Temecula. The
Southwest California Legislative Council established a regional advocacy-based
website which is available to members, which tracks and publishes information on
pertinent legislation that may impact the economic viability of the region.
The TVCC has created a Task Force to organize additional networking activities
specifically aimed to assist women and minority business owners. The 5-Minute
Networking and the Networking Luncheon were also added in 2006 to expand the
networking opportunities to local businesses.
The Temecula Valley Chamber of Commerce provides meeting space to many local
non-profit organizations such as SAFE, Dorland Mountain Arts Colony, The Arts
Council and Partners in Education. TVCC provides SCE conference room space for
monthly Energy saving workshops for businesses in the Los Angeles, Orange and
Riverside County regions.
o
4. Please describe your financial reporting?
The TVCC operates on a modified cash 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 Chambers
financial statements are audited on a bi-annual basis. The financial statements for
2004-05 were audited, providing a standard clean opinion with no internal control
weaknesses.
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.
a. In 2006 over 15,000 unique visitors logged on to the SWCLC's website, www.
Southwestcaliforniaadvocacy.biz. 2,500 members within the Southwest
California area received E-Alerts regarding legislative issues of key
importance to businesses in the area, urging them to take action regarding
pending legislation. The SWCLC is diligent in creating partnerships with
various groups and coalitions in an effort to strengthen our position and
ultimately expand the credibility of the coalition.
b. In April, a group of 20 local representatives attended the California Chamber
of Commerce Volunteer Leadership Conference and Legislative Summit, and
addressed the State Assembly to present AB2492. This legislation was
()
drafted to assist in expediting transportation infrastructure improvements in
our area.
c. At the 2006 Legislative Summit, 6 panelists participated, each addressing
areas of interest to 300 businesses and residents.
d. Over 300 business members gathered for the 2006 Business and Economic
Outlook event, at which economist Michael Bazdarich presented the
indicators of local economic perfonnance, including demographics, market
data, industrial structure, residential and commercial real estate activity.
e. In 2006 nearly 600 guests attended the State of the City address, where we
highlight the City's accomplishments and vision for the future. The TVCC
continually strives to enhance our attendees' experience by consistently
improving on the production elements included in this event.
f. Two new networking events were added to the Chamber's calendar, offering
our members access to state-of-the-art networking skills and allowing them to
capitalize on networking opportunities and relationships.
g. In 2007 the Chamber published 20,000 Business Resource Guides and
Business Directories. . The guide offers a great deal of infonnation on
shopping, entertainment, Temecula history, relocation information, school
statistics, economic profile and the Chamber member directory.
h. The Chamber's events and programs are presented in five local publications.
i. Over 65,000 visitors utilized the Chamber's website to access area
information on member businesses, relocation and tourism.
j. The 15th Annual Business Expo successfully promoted 90 area businesses.
k. The TVCC Business Development Resource Committee partnered with
Friends of the Temecula Library to create the Partners In Learning program to
assist with the purchasing of books to fill the shelves of the new library.
I. The 2nd Annual Business & Expo Technology Forum was organized to offer
professional advice on specific topics assisting members with staying up-to-
date on today's most current technology trends.
m. TVCC Monthly Newsletter - The newsletter was expanded to 12 pages and is
1,600 copies are distributed to the business membership, city and legislative
officials. The publication contains relevant labor law changes, business
promotions and information on issues that will help them succeed. The TVCC
provides the City and the Temecula Valley Convention & Visitors Bureau
space for full-page articles each month, highlighting programs and other
pertinent community information.
n. We continue to provide a monthly E-commerce Newsletter to TVCC
members. This newsletter has been very successful at keeping the
membership up-to-date on current issues and programs.
o. For the fourth year, the Chamber participated in the City of Temecula's Star
Spangled 4th of July, offering local residents community and Chamber
information.
p. The TVCC continues to assist with the implementation of the Student of the
Month and Student of the Year programs, recognizing the achievements of
deserving students.
o
i
)
o
o
f
-.,,-_J
q. Partnering with the TYUSD, the TYee coordinated the 7th Annual Youth Job
Fair. Students attended workshops prior to the event, which provided
guidance on interview skills, appropriate work attire, etc. Over 200 students
attended the event, meeting with over 30 employers.
r. The Education Committee looks to participate in the formation of a Youth
Master Plan.
s. Power Networking Workshops are held monthly, which offers members the
opportunity to learn and master the art of networking.
These are a few of the existing and newly formed programs we have implemented
throughout the year.
'"
o
o
N
<6
..,
~
.,
.0
E
c,Sl
o a.
.~ G)
",,,,
B D."'C
~ E .,
"0"
E (,) c
E_w
8.gs
_ ::J C
o III 0
~..c~
.a:!:::~
E;t-
m:= I
tsS...
~~ CD
.!GJ=
cuU)"C
>CC
'" ., '"
_ a._
~)(::::o
u w C
., C> 0
Ec::;;
CD ;; en
I- e.-
8.t:
0:;
u.
C1) LO 0):;::'1'--
UCOONLO
eN C"')-C:O
curi-
';:
'"
>
<I>
LOCOMI'--C\I0SiOo
COC>>COvC:OvON
COCOCOOQ)C\I0C\l
--~-a) r.6c6-
v f::i-
_00000000
12)000000",,"0
C)-.::t(\,/COCOOlOCO
-g..n~~v-ai"":o:i
III
c;;-'"
...'"
:!.'"
COMt:'COO
(OQ)v......lO
CO-LOLOCO
~ -rSN
t:'SOlOC\lmo
0>0 OlO VOO I'--
~LOCOo,)OLOI'--
~-MC"')-N...;cria.6
--~- -
MCD(j)
'" '" CXl
'" """
criNT"'"-
~:s.
mm
"''''
M_e
:s.
1.00000000000000000
1'--"::1"00 0001.000",,"0000
'l"'""C\I0v mCOT"'"O)C\I00MOI!)COCO
N(o~cDC\I~ ~....:oo- T--rxSoc6riri-.:i
C\I ..... LO .....
0000000
0000000
c.oco OOOC'\l co
tti...; L6 0> 0-"":"';
C"') ..-C") T"'"
'"
.,
'lij
"
o
-
~
'"
~
0;
::J
U
<C
<I>
IO~
'" '"
'" CXl
ai
C>>/"-LOC'\I<"':l......r---OO
LOLOM'<:tcovLO
COC,OMCOCCO.....
~a.6c:Oc60a)M
~...
<I>
100
r--
~
N
f"--MMI'--
LOMMLO
VVC\lCO
~oor.6
~
c
;t
"
"
-'"
,.,- '"
~S~ a.
:3ffi..c E
.S! "'C 1: 8
=~Q)~CJ)
r:!.c [c.. as
.9 (l):!:::._ :J ~
:Jaimg.e5
co Cl..c Q.) 0') ::
c
., " ~
o :0:; Q)
C '" C)
co N ..... ==
c: Q) 1:: (I) en c: 0
..s (I) 0 0 C Q) Q.)E o/l
c,*cQ.)EgEo....
e Q) 'ro - ~ g co ,o.c 'co 'S 0
>.~ en E"E.S' ro"C ot:: C"'o
~f6~~ ~'ffi g ffi~ ~~~~
-c:c~:aE~15~3c, I
U)~.-oQ)Q)...ro:o:; UCOQ)Q)Q)Q)Q)Q)Q)Q)
G)-roE:O:;O'...Q)E"'''.E-~oooooooo
W'C roXUs TIffi 5CCC:C:C:C:C:C
5::JEUQ)-o.~~ o~~~~~~~~~
li.8 oO~E'c..a~cc -----
>< o~ ~'5 ffi 0 0 ~::J 8::; ~ ~ ~ ~ ~ ~ ~ ~
w~~~~rooooow~EEEEEECE
QJOOC\l
C)CXl ~
C C"?~ "It'
"''''
.;:
'"
>
<I>
'<""'O:)O:)-;:'COO'OO
'<""'0l"lt'C"?C"?'<"'"
-C\l"It'v-
~'"
iDo
N
~
OONOC\l
~ '"
C"?C\lOC"?OOI.OC\I'<"'"
1.0 C\I 0>0 "It'''It''<"'''
COC\lT""CCl coo
~er)..q: ~..q:
10
0......"It'0>"It'1.O
......ocoooC"?co
1.00......1.000......
ci~m~I.O-er)
... 0'"
'"
Ul
., .,
Ul C)
as '~
a."
>< Ul
"0;
oo"i::
~.8
.sa "c
c.!!J
Ul
c: ~ 00
Q.)OI oog>~
~.5"O 6::~
'(6 c: 0) '00 ~ .,~
t::";:: ~ 00 00
cO)o..::J "E-""'"
~ - I .0 ';::
OIEco..E Ectllicx
c >,,0),;;:..,_ '- oro E~ ctI
'-ctI"O- ooo~o..~
g-C)g-ffi~~~.,O) 'coo
00'-00.001-===0(1)
"c- E ctI 00 e e e'oo c
Cctlctl ~;:>.>.>.co
ctIo(1)<1)=<1)ctIct1ct1~.c
...J...J:::2::;E:;Eza..a..a..a..a..
OM<OO'O'c;)O
0>""" 1.01.0 co
~ -~'<""'~-
~
~
O'iDo<oC\I "It' 0
OCO......CClOI.OCO
e~C"?"t......"It'::t.
~
~
- _0 00 0 0000 000 00 00000 0100 0 00 0 000 000 0
c .,0 0 10100 0 10 '" 0 10 100 00 00 0
., C>... ... ...... "It' o~ ... '" ~... ~ ~.N "'''' 010 "'-
~" ~ N ~ '" ~ N cON ~
~ ::J
a III N
<I>
- 00 N ~ NCXl o>coO'ool.O 0 00 CXlON OC\l"lt'OO...... 00 100 "It'C\I"1t'O
C J: CXl ~ ~ 10'" "''''~ r-- 10 '" ON '" ",r-- '<""'0 1.0 "It'
.,-r-- ...... "'''' IO"'~ ~ 10. 0'" ...'" ......C\Io;too
~ c - '" N '" N mer)
~o'" ~
a::;; N
<I>
r:;-",
"'"
<Xl
~
~NO
"''''''-
e::t.O)R
~
-------
"'"'OC\l.................eol'
COO'<t'COC\lM.q-t"')
r--.O<or-....C\I-""""<O
ciri-~i: -
COO
"'N
":CO
:::.
0001.000001.(')
ONOC\l I!) I!) 0 OC\l
COl.O'<t'<OC\I'<t'OOOl.O
CO-c-JNN...tOrir--:
~ ~ ~
MO>O>MOMO
lOLO(OO)C\ItD
(J)I.(')LO.....C\ICO
riC\l-"':c-Jctir--:
~
"
"
<::
1:: ~
" "
E c
,9- ~ CD '(5 ....
::::I = C) E "
O"o~ ..s:::
Q)(])'.9~~Q)cnO
o>~OlCf.l~roroQ)1
(IJ (IJ C ,._ c: ~ ~ en
1i5(;jEc~'E-t=c.~
~&it~~~~~~
co
~
:'!-
:;::'G'LOOO
'<:tCOCi)tD
--..... <0
00
0'"
00)
<6
~
0000
000
CO 0 N
ttiori
~
~
;:!:
'"
'"
<I>
In
N
"l
(;
"-
<I>
CO
"-
"-
.,0
CO
CO
<I>
,
"
0)
N
<D
<I>
00 o In 0 00 00 0 0 0 0 00 0
0 ON 0 0 <Xl 0 In
"!. NN In ": '" CO
~ ~ '"
In
<I>
C:OCOO)O)C\Ir-......:to
LOLOf'o-(j)LOMCOC'\l
~C\If"-OOCO<O"""CO
I'-- -.:iri ..q-O"':
.....-..... .....
"
e-_Q)~~
g{rn~~c:~
ooa>o.Q)ffi
o.g.~~:Eo.
:0 t1'l en ctI ~
Cf.I.ca;Q)E....
~(f.l>E,oQ)
roCl3ro=Q).!:
1-~t=5~5
~o
"
:'!-
O:;::-OMOO
- '"
"
OOO>Ol.OOOcnOOQ)OMOO
(j) LO'<f'C"'J(O 1.0 "" M
t-- ..... ..... <0 CD 0) "'_
~
:;j:
0)
.,0
In
<I>
Temecula Valley Chamber of Commerce
Statement of Financial Position
September 30, 2006
ASSETS
Current Assets
Checking - Community National 2172715 $ 14.527.86
Money market - Community National 02541281 79,638.26
Money market - 1 st Centennial 150,076.72
Economic Uncertainty Fund - COMNB 2887614 28,835.08
Economic Uncertainty Fund - COMNB Cert. Of Deposit 82,497.73
CA Bank Trust 700194-19 3.869.90
Petty Cash 200.00
Total Current Assets $ 359,645.55
Property and Equipment
Land 220,000.00
Building and improvements 998,464.97
Office furniture and equipment 155,080.66
Vehicle 15.300.00
1,388.845.63
Less: Accumulated depreciation and amortization 220.358.11
Total Property and Equipment 1 ,168,487.52
Other Assets
Deposits 450.00 450.00
Totat Assets $ 1.528.583.07
LIABILITIES AND NET ASSETS
Current Liabilities
Accrued payroll liabilities and reiated taxes $ 3,294.10
$ 3,294.10
Total Current Liabilities
Long-Term Liabilities
Note payable - 1 st Centennial 797,857.16
Total Long-Term Liabilities 797.857.16
Total Liabilities 801.151.26
Net Assets
Beginning baiance, as restated 642,796.36
Net income (loss) 84.635.45
Totat Net Assets 727,431.81
Total Liabilities and Net Assets $ 1,528.583.07
Temecula Valley Chamber of Commerce
Statement of Activity Detail
For This Month and the Twelve~Months Ended September 30, 2006
Current Year to
Month Date
Revenues
New members $ 10,700.00 8.46% $ 91,505.00 8.91%
Administation fee - new members 850.00 0.67% 7,675.00 0.75%
Renewa[s 27,300.00 21.58% 274,170.00 26.70%
TVCVB 2,800.92 2.21% 35,893.84 3.50%
Contributions 0.00 0.00% 2,000.00 0.19%
Conference room 0.00 0.00% 50.00 0.00%
Lists I Labe[s 275.00 0.22% 3,435.00 0.33%
Membership directory 0.00 0.00% 0.00 0.00%
Retail I maps 20.00 0.02% 342.05 0.03%
Sublease income 7,570.53 5.98% 45,221.09 4.40%
Misc income 0.00 0.00% 0.00 0.00%
Certificates of origin 25.00 0.02% 220.00 0.02%
Business Press 20.00 0.02% 200.00 0.02%
City contract 37,000,00 29.24% 185,000.00 18.02%
Maps I visitors guide contact 3,000.00 2.37% 9,000.00 0.88%
Chancellor luncheon 0.00 0.00% 0.00 0.00%
News[etter 2,550.00 2.02% 23,696.00 2.31%
Profile display commission 0.00 0.00% 2,760.99 0.27%
Business resource guide I direct 0.00 0.00% 17,400.00 1.69%
Shop Temecu[a First 0.00 0.00% 0.00 0.00%
Leadership Academy (1,375.00) -1.09% 6,700.00 0.65%
Legislative Advocacy 0.00 0.00% 0.00 0.00%
Affinity program 0.00 0.00% 2,898.84 0.28%
Mixers 450.00 0.36% 7,097.00 0.69%
Ambassador breakfast 480.00 0.38% 4,798.00 0.47%
Chairman's Circle 2,100.00 1.66% 13,650.00 1.33%
SBOC 5,000.00 3.95% 5,000.00 0.49%
Tourism -other 0.00 0.00% 200.00 0.02%
Website 0.00 0.00% 250.00 0.02%
Business expo 8,150.00 6.44% 22,025.00 2.15%
Go[f tournament 3,600.00 2.85% 55,672.00 5.42%
Awards gala dinner 0.00 0.00% 13,800.00 1.34%
Awards gala corporate 0.00 0.00% 32,800.00 3.19%
Awars gala sponsors 2,500.00 1.98% 40,600.00 3.95%
Awards gala live auction 0.00 0.00% 1,500.00 0.15%
Awards gala silent auction 0.00 0.00% 16,840.00 1.64%
Monte Carlo nite 7,970.00 6.30% 19,765.00 1.93%
Legis[ative summit 1,840.00 1.45% 21,395.00 2.08%
State of the City 2,000.00 1.58% 37,250.00 3.63%
Economic Outlook 600.00 0.47% 16,840.00 1.64%
Talk of the Town 0.00 0.00% 0.00 0.00%
Special event - other 0.00 0.00% 0.00 0.00%
125.436.45 99.14% 1.017.649.81 99.12%
Expenses
Accounting I payroll 4,780.00 3.78% 8,665.00 0.84%
Automobile expense 410.61 0.32% 5,656.93 0.55%
Alarm maintenance 0.00 0.00% 891.00 0.09%
Association fees 412.25 0.33% 1,659.00 0.16%
Bank I credit card fees 651.68 0.52% 8,334.90 0.81%
Computer maintenance 698.38 0.55% 6,842.49 0.67%
Copier maintenance 568.71 0.45% 10,662.62 1.04%
OSL 0.00 0.00% 0.00 0.00%
Depreciation and amortization expense 4,436.00 3.51% 49,046.68 4.78%
Dues and subscriptions (10.00) -0.01% 3,157.45 0.31%
Fumiture and equipment 0.00 0.00% 0.00 0.00%
Insurance - director & officer 2,175.00 1.72% 2,175.00 0.21%
Insurance - general liability 0.00 0.00% 8,433.00 0.82%
Insurance - health & dental 1,558.00 1.23% 16,232.50 1.58%
Insurance -auto 0.00 0.00% 1,457.00 0.14%
Insurance - group life 31.81 0.03% 653.07 0.06%,
Insurance - equipment 0.00 0.00% 856.61 0.08%
Insurance - workers comp 0.00 0.00% 1.222.13 0.12%
Interest expense 4,001.99 3.16% 53,189.52 5.18%
Janitorial services 324.00 0.26% 4,803.00 0.47%
Landscaping 232.58 0.18% 232.58 0.02%
Leadership academy 0.00 0.00% 14.757.77 1.44%
Meals and entertainment 136.92 0.11% 1,645.42 0.16%
Mileage reimbursed 0.00 0.00% 11.12 0.00%
Newsletter 2,434.61 1.92% 40,570.33 3.95%
Outside services 1,875.00 1.48% 1,875.00 0.18%
Payroll - commissions 370.00 0.29% 1,007.00 0.10%
Payroll - salaries & wages 26,713.97 21.11% 306,764.17 29.88%
Payroll - employer taxes 3,201.85 2.53% 31,589.46 3.08%
Pension plan 454.16 0.36% 5.834.19 0.57%
Phones I fax 839.58 0.66% 13,765.14 1.34%
Postage 790.00 0.62% 13,952.55 1.36%
Postage - equipment 0.00 0.00% 2,558.55 0.25%
Printing - office 158.76 0.13% 1,569.00 0.15%
Rent - storage 140.00 0.11% 2,193.00 0.21%
Repairs & maintenance 635.20 0.50% 6,219.76 0.61%
Seminars 660.00 0.52% 7,662.83 0.75%
Supplies 959.23 0.76% 17.158.17 1.67%
Taxes - other 0.00 0.00% (4,255.80) -0.41%
Taxes - property 0.00 0.00% 13,779.20 1.34%
Trash disposal 78.51 0.06% 899.46 0.09%
Travel expense 0.00 0.00% 4,851.52 0.47%
Utilities expense 1,333.22 1.05% 10,637.41 1.04%
Web maintenance 0.00 0.00% 1,763.75 0.17%
Scholarships 0.00 0.00% 3,950.00 0.38%
Education committee 0.00 0.00% 427.95 0.04%
Chancellor luncheon 0.00 0.00% 0.00 0.00%
Student of the month plaque 0.00 0.00% 1,892.02 0.18%
Luncheon 0.00 0.00% 0.00 0.00%
State of the City 0.00 0.00% 0.00 0.00%
Shop Temecula First 0.00 0.00% 0.00 0.00%
Appreciation Night 0.00 0.00% 4,920.65 0.48%
Mixers 0.00 0.00% 87.28 0.01%
Ambassador Breakfast 275.00 0.22% 2,236.42 0.22%
Special Topic Breakfast 0.00 0.00% 0.00 0.00%
CVB 13,500.00 10.67% 68,221.54 6.64%
Membership printing 0.00 0.00% 4,041.70 0.39%
Chairmans Circle 0.00 0.00% 548.96 0.05%
Membership marketing 864.59 0.68% 4,081.31 0.40%
Plaques 0.00 0.00% 0.00 0.00%
New Member Orientation 0.00 0.00% 14.28 0.00%
Ribbon cuttings 0.00 0.00% 836.96 0.08%
Misc tourism 0.00 0.00% 0.00 0.00%
Tech Expo 0.00 0.00% 0.00 0.00%
Business expo 355.88 0.28% 4,206.92 0.41%
Golf tournament 0.00 0.00% 27,123.78 2.64%
Awards gala dinner 0.00 0.00% 71,373.16 6.95%
Monte Carlo Nite 3,947.64 3.12% 6,868.81 0.67%
State of the City 0.00 0.00% 23,271.91 2.27%
Legislative summit 5,413.70 4.28% 18,005.90 1.75%
Legislative advocacy 0.00 0.00% 6,885.85 0.67%
Economic Outlook 0.00 0.00% 11,446.08 1.11%
Other expense 0.00 0.00% 620.17 0.06%
Total Expenses 85.408.83 67.50% 942.041.13 91.76%
Operating Income 40.027.62 31.64% 75.608.68 7.36%
Other Income
Interest income 1.092.89 0.86% 9,026.77 0.88%
Total Other Income 1.092.89 0.86% 9.026.77 0.88%
Net income $ 41,120.51 32.50% $ 84.635.45 8.24%
------
ATTACHMENT 1B
FY 2007.'08 City/Chamber Operating Agreement
AGREEMENT .BETWEEN THE CITY OF TEMECULA
AND
TEMECULA VALLEY CHAMBER OF COMMERCE
This Agreement, made in triplicate, this 14th day of August, 2007, by and between
the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under
and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and
the TEMECULA VALLEY CHAMBER OF COMMERCE, a CalifOrnia nonprofit
corporation (hereinafter referred to as "CHAMBER") with reference to the following facts
which are acknowledged by each party as true and correct:
I. RECITALS
A. The City is desirous of promoting its advantages as a business, industrial,
tourist and residential 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.
II. AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
A. Chamber shall undertake, during the 2007-2008 fiscal year, to carry on
promotional activities on behalf of City 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 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 Partners in Education.
5. Develop and execute marketing seminars.
.
6. To assist potential businesses in opening and relocating to Temecula.
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 less 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.
12. Provide demographic information to interested individuals.
13. Organize events to promote goodwill in the City such as the
Legislative Summit, Business Expo, Technology Expo, Candidates Forum, State of the
City Event (20 seats), Annual Awards Gala (20 seats), Chamber Golf Tournament (5
entries) and Economic Outlook 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.
B. That in consideration of the services to be performed by Chamber for
City, as set forth in paragraph 1 hereof, City hereby agrees to pay Chamber, during the
term of this Agreement, the sum of $151,400 for the fiscal year 2007-~08, payable upon
receipt of invoice quarterly beginning on execution of this Agreement.
C. In the event the City of Temecula should desire any additional service,
Chamber shall, upon request of City, furnish a proposal including an itemized statement
of the estimated cost thereof, and the City of Temecula may modify or alter the proposal
in its sole discretion or may direct the submission of a new proposal which may be
accepted, altered or rejected. Upon the final approval of any such proposal and
execution thereof, by the City of Temecula and the Chamber, as herein provided, the
City will pay to Chamber the cost thereof, and the Chamber shall perform the work. All
money due for carrying out said plan or proposal shall be supported by a detailed
statement of Chamber showing the basis of said claims, and certified by proper officers
of Chamber. Chamber shall not be entitled to receive any compensation for its normal
services or expenses.
D. The President/CEO of the Chamber shall prepare and submit to the City
Manager and Assistant City Manager a monthly written report specifying the activities of
Chamber. Said report shall be prepared in a format acceptable to the City of Temecula
and is requested by the second Friday of each month.
E. Chamber agrees that it will defend, indemnify and hold the City,
Temecula Community Services District, Redevelopment Agency and their respective
elected officials, officers, agents, and employees free and harmless from all claims for
damage to persons or property by reason of Chamber's acts or omissions or those of
Chamber's employees, officers, agents or invitees in connection with their services
rendered hereunder to the maximum extent allowed by law.
F. Chamber shall secure from a good and responsible company or
companies doing insurance business in the State of California, pay for and maintain in
full force and effect for the duration of this Agreement a policy of comprehensive
automobile and workers' compensation and employees' Liability Insurance in which the
City of Temecula is the named insured or is named as an additional insured with the
Chamber and shall furnish a Certificate of Liability Insurance to the City of Temecula.
Notwithstanding any inconsistent statement in the policy or any subsequent
endorsement attached thereto, the protection offered by the policy shall;
1. Include the City of Temecula as the insured or named as an additional
insured covering the services to be performed under this Agreement against all claims
arising out of, or in connection with, the Agreement.
2. Include the City of Temecula, its officers, employees and agents while
acting within the scope of their duties under this Agreement against all claims arising out
of, or in connection with, the Agreement.
3. Provide the following minimum limits:
A. General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage.
B. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
C. Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the Labor Code of the
State of California and Employers' Liability limits of
$1,000,000 per accident.
4. The insurer shall agree to waive all rights of subrogation against the
Agency, its officers, officials, employees and volunteers for losses arising from work
performed by the Contractor for the City.
5. Each insurance policy required by this agreement shall be endorsed to
state: should the policy be cancelled 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 cancelled 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.
7. Any deductible or self-insured retention must be declared to and
approved by the City of Temecula. At the option of the City, either the insurer shall
reduce or eliminate such deductible or self-insured. retention as respects the City, its
officers, officials and employees; or the Chamber shall procure a bond guaranteeing
payment of losses and related investigation claim administration and defense expenses.
G. Should any litigation be commenced between the parties hereto
concerning the provisions of this Agreement, the prevailing party in sl,Jch litigation shall
be entitled to reasonable attorney's fees, in addition any other relief to which it may be
entitled.
H. This Agreement shall be effective for the fiscal year commencing July 1,
2007, and terminating June 30, 2008.
I. This Agreement may be terminated by either party upon thirty (30) days
written notice with any sums due and payable hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
TEMECULA VALLEY
CHAMBER OF COMMERCE
Chuck Washington, Mayor
Stan Harter
Chairman of the Board
ATTEST:
Susan W. Jones, MMC
City Clerk
Alice Sullivan, 10M
President/CEO
APPROVED AS TO FORM:
Janet Beck
Secretary
Peter M. Thorson, City Attorney
Amy Minniear
Treasurer
Aaencv Information
Temecula Valley Chamber of
Commerce
26790 Ynez Court, Suite A
Temecula, CA 92591
(951) 676-5090
I~-- .
,
II
ITEM NO.8
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~(
?fr
G3.--
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Aaron Adams, Assistant City Manager
DATE:
August 14, 2007
SUBJECT:
Approve FY 2005-06 and FY 2006-07 Designated Allocations for Circle of
SAFE-T
PREPARED BY:
Gloria Wolnick, Marketing Coordinator
RECOMMENDATION: That the City Council approve the funding agreements in the amount
of $15,000 for FY 2005-06 and $15,000 for FY 2006-07 for the Circle of SAFE-T
Partnership/Rancho Springs Medical Center and authorize the Mayor to execute the agreement.
BACKGROUND: The City has provided funding to Southwest Healthcare to help
support the Circle of SAFE- T sexual assault trauma center at Rancho Springs Medical Center,
which opened July 2,2002. The funds are used toward the cost of Forensic Registered Nurses fees
and for continued training of the Registered Nurses. Staff has received a request from the Circle of
SAFE- T Partnership/Rancho Springs Medical Center, to provide Community Support Funding in the
amount of $15,000 for FY 2005-06 and $15,000 for FY 2006-07. There was some confusion
regarding the required back-up documentation and reports needed from Circle of SAFE- T which
caused a delay in processing FY 05/06 and FY 06/07; however, staff has resolved the reporting
requirements and it will not be a problem in the future.
The mission of Circle of SAFE- T is to:
1) Raise the level of community awareness regarding sexual assault by focusing on
prevention through education and awareness.
2) Provide sexual assault exams for male and female victims ages 14 years and older.
3) Provide ongoing support for victims affected by these crimes, in cooperation with public
service organizations.
Numerous educational presentations have been made in Southwest Riverside County since the
opening of the center. This has included a Women's Symposium, Annual Sexual Assault
Awareness Day events at the Promenade Mall, and presentations in the nearby cities and the
county.
The benefits to the community are many. No longer are victims transported north to the county
hospital with resultant degradation of evidence and longer travel and exam times. They are now
examined locally. Trained advocates respond and are with the victim through the recovery process.
Law enforcement remains in the areas they are intended to serve. The DA's office participates in all
quality meetings and board meetings to assure the best gathering of evidence. All law enforcement
entities regularly participate to assure timely handling/support forthe victims and timely investigation
of suspects.
The sexual assault trauma center at Rancho Springs Medical Center consists of a room adjacent to
the hospital's emergency room and is equipped with an exam table, medical equipment, extra
clothing, rape kits and a shower available to victims after the three-four hour forensic exam.
Advocates and nurses on the Circle of SAFT - T team work in shifts, ensuring services are available
at 24-hours, 7 -days a week with certified nurses and certified advocates on call.
This center covers from Sun City and Lake Elsinore south to the county line, westto the county line,
and east to Aguanga. These parameters were determined by law enforcement agencies.
FISCAL IMPACT: Adequate funds are included in the FY07/08 Operating Budgetforthe
recommended sponsorship amounts. The Circle of SAFE-T funding of $30,000 cash is
appropriated in Community Services Funding Account #001-101-999-5267.
ATTACHMENTS:
Attachment 1A - Circle of SAFE-T Partnership Services Report
Attachment 1 B - Circle of SAFE- T Partnership Funding Agreement
for FY2005-06 & FY 2006/07
CITY OF TEMECULA
COMMUNITY SERVICES FUNDING AGREEMENT
CIRCLE OF SAFE-T PARTNERSHIP
SEXUAL ASSAULT TRAUMA CENTER AT RANCHO SPRINGS MEDICAL CENTER
THIS AGREEMENT is made and entered into as of August 14,2007 by and between
the City of Temecula, a municipal corporation ("City") and Universal Health Services of Rancho
Springs, hlc., dba Southwest Healthcare System/Circle of SAFE- T Partnerships/Rancho Springs
Medical Center Auxiliary, a California non-profit corporation ("Recipient"). In consideration of
the mutual covenants made herein, the parties agree as follows:
1. Recitals. This Agreement is made for the following purposes and with
respect to the following facts which each ofthe parties agree to be true and correct:
A. The Sexual Assault Trauma Center at Rancho Springs Medical Center
opened on July 2, 2002 with the goal of helping all sexual assault victims in the Southwest
Riverside County area.
B. Sexual Assault Trauma Center provides significant public health and law
enforcement benefits for persons in the City of Temecula as detailed in Exhibit A. attached
hereto and incorporated herein by this reference.
C. The City of T emecula desires to provide Community Services Funding for
to the Recipient for the Sexual Assault Trauma Center at Rancho Springs Medical Center.
2. Terms of Grant.
A. City hereby grants to the Recipient the sum of fifteen thousand dollars
($15,000.00) for the purpose of supporting the Sexual Assault Trauma Center at Rancho Springs
Medical Center subject to the ternlS ofthis Agreement ("Grant Funds").
B. On August 1, 2008, the Recipient shall provide to the City a written report
describing: (1) the program and accomplishments of the Sexual Assault Trauma Center; and (2)
how the Grant Funds were expended and used benefit Southwest Riverside County residents
during the period of July 1,2007 to June 30, 2008.
C. Recipient shall provide the City with back-up documentation (specifically
copies of invoices, receipts and cancelled checks) to support the expenditure ofthe Grant Funds.
D. Recipient shall also provide the City with back-up documentation
(specifically copies of invoices, receipts and cancelled checks) to support the expenditure ofthe
funds granted to Recipient for Fiscal Year 2005-06 and Fiscal Year 2006-07 in the manner
required by the Director of Finance.
1
E. Upon request, the Director of Finance may audit the expenditure ofthe
Grant Funds as well as grant funds for Fiscal Year 2005-06 and Fiscal Year 2006-07 and
Recipient shall cooperate in the audit.
F. TIle ternl ofthis Grant is for the Fiscal Year 2007-08 commencing on July
1,2007 and ending on June 30, 2008.
3. Recioient Indeoendent Entitv. Recipient is and shall at all times remain as to the
City a wholly independent entity. The personnel performing the services under this Agreement
on behalf of Recipient shall at all times be under Recipient'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 Recipient's officers, employees, or agents. Recipient 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 ofthe City. Recipient shall not incur or have the power to
incur any debt, obligation or liability whatever against City, or bind City in any manner.
4. Indemnification. Recipient agrees that it will defend, indemnify and hold the City
and its elected officials, officer, agents, and employees free and harmless from all claims for
damage to persons or by reason of any acts or omissions of Recipient or Recipient's employees,
officers, agents, volunteers or invitees in connection with the Sexual Assault Trauma Center at
Rancho Springs Medical Center to the maximum eJ\.ient allowed by law except to the eJ\.ient
caused by the acts or omission ofthe City or its officials, agents or employees.
5. Insurance. Except as otherwise provided in Subsection 5.H., Self-Insurance Plan,
Recipient shall procure and maintain for the duration of this Agreement insurance against claims
for injuries to persons or danlages to property, which may arise from or in connection with the
performance of the Recipient's activities pursuant to this Agreement or those of its officials,
employees, agents, representatives, or volunteers.
A. Minimum Scooe of llsurance. Coverage shall be at least as broad as:
1) Insurance Services Office Commercial General Liability fornl No. CG
0001 11 85 or 88.
2) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance.
3) Professional Liability/Medical Malpractice hlsurance shall be written
on a policy form providing professional liability for the Recipient's activities.
B. Minimum Limits ofInsurance. Recipient shall maintain limits no less than:
1) General Liability: $1,000,000 per occurrence for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or other fornl
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) 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.
2
3) Professional Liability/Medical Malpractice coverage: Three million
($3,000,000) per claim and in aggregate. .
C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the Director of Finance. At the option ofthe
Director of Finance. either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the City, its officers, officials, employees and volunteers; or the Recipient
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
D. Other Insurance Provisions. The general liability policies are to contain, or be
endorsed to contain, the following provisions:
1) The City, its officers, officials, employees and volunteers ("Additional
Insured") are to be covered as insured's as respects: liability arising out of activities perfornled
by or on behalf ofthe Recipient; premises owned, occupied or used by the Recipient; or
automobiles owned, leased, hired or borrowed by the Recipient. TIle coverage shall contain no
special limitations on the scope of protection afforded to the Additional Insureds.
2) For any claims related to this project, the Recipient's insurance
coverage shall be primary insurance as respects the Additional llsureds. Any insurance or self-
insured maintained by the Add ional llsureds shall be excess ofthe Recipient's insurance and
shall not contribute with it.
3) Any failure to comply with reporting or other provisions ofthe
policies including breaches of warranties shall not affect coverage provided to the Additional
Insureds.
4) The Recipient's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits ofthe insurer's
liability.
5) Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in
limits except after thirty (30) days' prior written notice to the City.
E. Notice of Modification. Within two (2) business days of receipt of any notice
to Recipient of any action by an insurance company to suspend, void, cancel or otherwise modify
any ofthe insurances policies described in this Agreement, Recipient shall notify the City in
writing of such action.
F. Acceotabilitv of Insurers. llsurance is to be placed with insurers with a
current AM. Best's rating of no less than A:VII, unless otherwise acceptable to the Director of
Finance or as otherwise provided in this Agreement.
G. Verification of Coverage. Recipient 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
fornls provided by the City. All endorsements are to be received and approved by the City
3
before work commences. As an alternative to the City's fornls, the Recipient's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
H. Self Insurance Plan. Recipient may comply with the insurance requirements
ofthis section by maintaining a self-funded plan of insurance provided through a segregated self-
insurance fund in accordance with all applicable laws and regulations, and which is funded at
actuarially sound levels as approved by the Director of Finance.
6. 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 ofthe
party as set forth below or at any other address as that party may later designate by Notice.
Notice shall be effective upon delivery to the addresses specified below or on the third business
day following deposit with the document delivery service or United States Mail as provided
above.
To City:
City of Temecula
43200 Business Park Drive
P.O. Box 9033
Temecula. California 92589-9033
Attention: City Manager
To Recipient:
Universal Health Services of Rancho Springs,
hlc., SAFE- T Partnership dba Southwest
Healthcare System/SAFE- T Rancho Springs
Medical Center
25500 Medical Center Drive
Murrieta. CA 92562
Attention: Linda Bradley, CEO
7. Legal Resoonsibilities. TIle Recipient shall keep itself infornled 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 services described in this Agreement. The
Recipient shall at all times observe and comply with all such ordinances, laws and regulations.
TIle City, and its officers and employees, shall not be liable at law or in equity occasioned by
failure ofthe Recipient to comply with this section.
8. Entire Understanding. TIlis Agreement contains the entire understanding between
the parties relating to the obligations ofthe 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.
4
9. Breach of A2:feement. Any breach of the ternlS ofthis Agreement shall constitute
a default. The party claiming a default shall notify the other party ofthe default and provide for
a thirty (30) day cure period. Ifthe default is not cured within such 30-day period, the party shall
have all legal remedies available to it. In the event litigation is filed it shall be filed in the
Superior Court of Riverside County or, if applicable, the United States District Court for the
Central District of California. TIle prevailing party in the litigation shall be entitled to reasonable
attorney fees as part of any judgnlent.
10. Authoritv to Execute A2:feement. TIle person or persons executing this
Agreement on behalf of Recipient warrant and represent to the City that he or she has the
authority to execute this Agreement on behalf ofthe Recipient and has the authority to bind
Recipient to the performance of its obligations hereunder.
5
IN WITNESS WHEREOF, this Agreement has been executed as ofthe date first
written above.
CITY OF TEMECULA
Chuck Washington
Mayor
ATTEST:
Susan W. Jones. MMC
City Clerk
APPROVED AS TO FORM:
Peter M. TIlOrson
City Attorney
RECIPIENT
UNIVERSAL HEALTH SERVICES OF RANCHO
SPRINGS, INC., DBA SOUTHWEST HEALTHCARE
SYSTEM/CIRCLE OF SAFE- T
PARTNERSIDPSfRANCHO SPRINGS MEDICAL
CENTER AUXILIARY
By:
Linda Bradley
CEO/Managing Director
Universal Health Services of Rancho Springs, Inc.,
dba Southwest Healthcare System/Circle of SAFE-
T Partnerships/Rancho Springs Medical Center
Auxiliary
By:
Stephanie Hernandez
Auxiliary President
SAFE- T Partnership
6
07/27/2007 14:39 9516987721
SOUTHWEST HEALTHCARE
PAGE 01/04
Attachment 1-A
, 84
~
"
-I
OM
SOUTHWEST
HEALTHCARE SYSTEM
INLAND VALLEY MEDICAL CENTER
RANCHO SPRINGS MEDICAL CENTER
. ~: ~ ~ .
. r;aIIIpnt.a..... rommuntJw- r.!lpoase ,. Mxnlo5GUJt
To: Aaron Adams, Assistant City Manager
From: Kert Pule, RN Manager, Circle of Safe- T
Date: 7/27/2007
Re: Circle of Safe- T Partnership
Please see Attachment A-1 Benefits and Services, which define
the background and the a............plishments of the Circle of Safe- T
program from 2005 - present. A summation report has been
included to indicate how the $15,000 funding was allocated in
2005 as well as our intentions on how we will be using the
$15,000 fundingfyear for 2006 and 2007 to continue to benefit the
residence of Southwest Riverside County in 2005.
If you have any questions, please feel free to call me at
(951) 696-6282.
Thank you,
, /--------)
lL/ ~-
dn ;Ult)~/ .
Manager, Circle of Safe- T
Southwest Healthcare System
07/27/2007 14:39
9516987721
SOUTHWEST HEALTHCARE
PAGE 02/04
ATTACHMENT A-I
....... .,..,. ... AND SERVICES
REQUEST TO CITY OF TEMECULA FOR PROGRAM FUNDING
July 24; 2007
Program:
Circle of Safe- T Partnership
A comprehensive community . ....J:" _ use to sexual assault
"SAFE. T" Sexual Assault .Forensic Exam Team
Back"." n. it
. CommWlity members who desired to develop a South Riverside County location for the
p...fv.~.ance of forensic rape examinations approached Rancho Springs Medical Center in
the full of 2001.
Evaluation and AccomnIishments of SAFE- T Prol!ram
. The p.vl5'..n:l continues to provide 24 hour / 7 day covetage for legal forensic examination to
rape victims with on call RNs certified in Sexual Assault Forensic Exam Training.
. The program covers the areas from Sun City and Lake Elsinore south to the county Hne, west
to the county line, and east to Aguanga. These parameters WeI"e determined by law
enforcement agencies.
. Already traumatized victims no longer have to undergo further ;.........a by being tra11.>yv.:...i
out of area to unfumiliar facility.
. There is no longer degradation of physical evidence
. There is a concern that the longer the time between the attack and the forensic exam,
evidence degrades. Additionally, victims actually end up wiping off evidence, which is
then not available for collection.
. Shortest time frame v..."';.." best possible situation for collection of evidence, which
creates best possible chance of successful prosecution.
. Law En:v.v...~ent is no longer being pulled from the service area they are protecting.
. Under California law, victims continue not to be charged for the performance ofa forensic
exam.
. Muttidisciplinary Teams, which include Deputy DA in charge of adult sexual assault unit, all
law v="".,,~~.ent agencies, community ........ .....~-nta1ives. 001 Crime Lab supervisor.
physicians, hospital administration and nursing, and the hospital auxiliary. continue to meet
monthly as part of quality assurance.
Page I of2
07/27/2007 14:39
9516987721
SOUTHWEST HEALTHCARE
PAGE 03/04
. In the year 2005, there was an average of 15 oC~...u..uces/moD.th. The Circle ofSafe-T
program extended their services to help Riverside COlUlty rape victims while Riverside
County Regional Medical Center was still in the process of initiating their program.
. In the year 2006, there was an avemge of 9-1 0 occurrences/month.
. From January to June 2007, there has been an average of9 occurrences/month.
. Rancho Springs Medical Center continues to offer the space to perfonn the forensic exams.
IJcfC is a sU!Jlmation report on how the $15,000 funding was expended and used to benefit
Southwest Riverside County Residence for 2005.
. Forensic RN Standby On-Call A vailabiJity: $44, 632.00
. Forensic RN Education and Training: $1979.00
Here is a summary on how we intend to utilize the $15,000/yeal:" funding to continue to
benefit S01dbwest Riverside County Residence for :Z006 and :zoo7
. Continued Forensic RN Standby On-Call Availability
. Continued Forensic RN Education and Training
. Purcbasing state of the art equipment for improved evidence collection
Page 2 of2
,e of SA
C1 ~;
I~ ~ ~
/II. D \
- j;" ...
TM
.~~_~'-_lr.: :.-....:__=-
a comprehensive community response to sexual assault
SOUTHWEST HEALTHCARE SYSTEM
FORENSIC HEALTH SERVICES
2005
RAPE EXAM STATISTICS FROM JANUARY 1. 2005 THROUGH DECEMBER 31. 2005
Law Enforcement Station
Beaumont P.O.
Cabazon R.S.O.
City of Hemet P.D.
Hemet R.S.O.
Jurupa R.S.O.
Lake Elsinore R.S.O.
Moreno Valley P.O.
Murrieta P.O.
City of Perris P.O.
Perris R.S.O.
City of Riverside P.O.
Riverside P.O.
Riverside R.S.O.
San Jacinto R.S.O.
Temecula P.O.
Temecula R.S.O.
LAPD
University of CA
Mate
Victims
Female
Victims
Caucasian Hispanic
African
American
Other Ethnic
Backgrounds
6
168
94
13
56
11
Age
Group
14-20
93
Number of Victims
2
3
8
3
4
22
18
14
5
23
2
34
3
2
15
12
1
2
Total 174
Age
Group
21-30
Age
Group
31-50
Age
Group
51-88
3
45
33
'.
07/23/2007 15:36 9516987721
SOUTJ-W::ST HEALTHCARE
PAGE 14/26
I'.~
~
,
...
...
, :
. . 1 ..All,
. .
----
2006 STATISTICS
RANCHO SPRINGS MEDICAL CENTER
FORENSIC HEALTH SERVICES
2006
RAPE EXAM STATISTICS FROM JANUARY 21l1l6 THROUGH DECEMBER 2006
Law Enforcement StatilaD
Number ofVietims
'l'emeellla P.D.
Rivenlde P.O.
Moreno Valley P.O.
R.S.O. Bemet
R.S.O. Lake Elsinore
Bemet P.D.
Perris P.O.
R.S.O. Temeeula
R.S.O. SlUl Jacinto
. Canyon Lake P.D.
Murrieta P.D.
Chino State Penitentiary
R.8.0. Cabazon
R.S.O. Jumpa
&8.0. VaDe Vista
TOTAL ~OO6)
10
U
OS
07
23
13
06
07
OS
01
14
01
02
01
01
-
107
~~
~ ::ms
3
~'II'- ... -
African 1 Otber Ethnic f Age ~ Age
American. Backgrounds Group Group
14-20 :U-30
- .....--.....
".-""11, ,._- .........
13 5 S5 30
-..-
-.. .~.
Age l&e ~
Group Group ~
31-50 SI-8S!
1..Female jC;;;;~i8nJ 'Hispanic
vlc,timsl
"'-------'111., ,,-
104 67 22
-""1.1
19 3
I~-- .
,
II
ITEM NO.9
II
,
II
-
.
.
.
I
I
II
II
__. . I
Approvals
City Attorney
Director of Finance
City Manager
~r-
zf-
(}J...-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Shawn Nelson, City Manager
DATE:
August 14, 2007
SUBJECT:
Approval of Temecula Valley Convention & Visitors Bureau FY2007-08 Budget,
Budgetary Control Policy, and Marketing Agreement
PREPARED BY:
Gloria Wolnick, Marketing Coordinator
RECOMMENDATION:
That the City Council:
1. Approve the Temecula Valley Convention & Visitors Bureau (CONVIS) FY2007-08
Budget regarding Tourism Improvement District Funds.
2. Approve Temecula Valley CON VIS Budgetary Control Policy.
3. Approve the attached agreement which provides City Marketing Funding Support of
$120,000 to the Temecula Valley CONVIS.
BACKGROUND: In December 2005, the Temecula City Council approved a
Management agreement between The City of Temecula and The Temecula Valley Convention &
Visitors Bureau for the operation and administration of The Temecula Valley Tourism Business
Improvement District.
The Temecula Valley CON VIS is committed to build strong advertising and marketing programs to
"Brand Temecula" as a premier year-round resort and business destination by stimulating economic
growth and tourism to our region through developing, expanding, and marketing our destination to
conventions, meetings, and the leisure travel markets.
The City Marketing Funding of $120,000 will provide funding for advertising (printed marketing and
media), familiarization (FAM) tours/site visits and trade show participation for the Leisure Travel
Market.
The Economic Development Subcommittee of the City Council (Mayor Washington and Council
Member Roberts), and staff met to discuss the Economic Development funding requests on March
21, 2007. The subcommittee has recommended approval of this amount and the City Council
subsequently approved this funding in the FY2007/08 Operating Budget.
FISCAL IMPACT: Funding for a portion of the CON VIS budget is provided through the
Tourism Business Improvement District. In addition, adequate funds for the Temecula Valley
Convention & Visitors Bureau marketing funding have been included in the FY2007-08 Operating
Budget (Economic Development line item, account #001-111-999-5264) for the recommended
sponsorship amount of $120,000.
ATTACHMENTS:
Attachment A - Temecula Valley CONVIS 2007/08 Budget
Attachment B - Temecula Valley CONVIS Budgetary Control Policy
Attachment C - Temecula Valley CONVIS Sales & Marketing Plan
Attachment D - Temecula Valley CONVIS City Marketing Program &
Budget
Attachment E - Marketing Agreement
:!I
.0
~Lf
12 ~
.
.
"
0'0.00010'0
0000000
COOOOOOCO
~~ci~~g~
m "
IW 0 gOO 0 0'00 0 (') 0 0 0 (D 010100'
~~ ~omocoo~ooomoooo
~N ~NmOO(')(')~OCOm~mONCO
~~~~~~~oog~ci~R~~~~~
Ii) C\l q
0000000 ,;oI()QO
CO 0 0 0 0 0 0 0 ':0[" 0 ..
o (')OU')OOOOO ';.:11"-0
~ "':&i ""=a:ig g :R",....:.....-
-----------
=
o
<
.
~
00000 0
00000 0
(')OlOOO IX)
"":li ""=<<5 ~
l;;
~
c
88Sgg
(')01000
,.:t-: "':<6
"'
l;;
S
z
00000
00000
(0)01000
":05 ""=<<5
"'
l;;
Il
oaooo
00000
(')01000
":0 "':<6
"
"
o
o
ell
00000
00000
C')OtOOO
"':0 "':ci
"
<
-
C
CIl
E
.c
"
..
-
::(
l;;
o
il
00000
00000
(')01.000
"':$" "':ci
l;;
"S
~
00000
00000
C')OlOOO
...:..q: "':c!5
~
---~ -~~~~~~~=
---t=~~=:
00000
00000
(')01000
"";(1) "':u;i
"
--1------
00000 0
.... 00008 0
01 cqQlOq .' <X!;
... ....<<:1 ....<.0 ~
Jl <D ,...
-- ---------
IQ;lI.OOO
'tl(?O'<t
_"0
: t...:,..:
o
o
=
.,;
"
11JJ~g"
~'"''"'
ooro;;"oo!om 00
OO.....lO<OODOOO 00
.....10 r--l!){I)O'<t'<t CD:OO
~ cici-i g
00 CI') 0 ~ 0':> 0 -;;;;100-;-
~~.....U'jC\l~:~g~~~lggg I
- cO ,:\ic6<<i 10)"";..0
~ "
~ ~ ~ ~ ~ ~H ~ g~! ~ J ~ ~
1"-- l>ici-.i ro"':Lri
~ "
o
o
=
oj
"
o)LOOOOOOC')OlfJOOO~~
C'){I)oo:>ooo.....m<oooo
-v,...o't:t"l.()..-It) ....1.0(')0
cri"':": . - ,..: N<O...t
" ~
8
=
:e
~~g~
..........OC\l
r--....:~~
"
gg~:E~gggg~ggg
......10 t--IO(I']O'<t'<tOlOoo
r-: N'tO...f &"":(Ci
~ "
,
.5
OONOlnOOO~~
00......010000
.....10 ONIO(")O
cr5~ &1DN'
~.~~~~~gg~~ggg
- N'0 N-c6C\i ~-~
o
o
=
oj
"
o IOO~Oo 0 N 0 100 0 00)'00
;:~g ~~~""'IO*l5gl5~~
r-: ~ (Ci N-u-jC\i
.. ~
OOOOIOOOOo)~
OOOl.()O)ooocn
ONNO'<tl.()(")l!?(I'J
~ ciN~ N'ION
00
00
"'=
'oj
"
o
o
=
:e
0)l.()00
(1'](")0'<1"
"<l:.1'-:~
"
gg~g~gggg~ggg
'.....10 ot--l.()(I']O'<t'<l"OlOoo
o:i0 C\i1D'<t- ci"": ~
00
00
0=
'"'"
o
o
o
2'i
N
~~g~ggg~l5~gggg~ggg
ror--o l.().....l.() t--l.()(l'JO'<t'<tOlOro
~"":cr5 . ci r-: cilOci ~"":N
" ~ 0
~ N
00
00
00
"":w
"
00
00
00
....:tt
- - - ~ - g g 8 8 8 - g - g :g g ~ - g g ~ g ~ g g g ~ g 18 8 g -
~ ~qlOoo'~ ~ro~~'~N ~~IO~LO~~~~~ I
..I .......... .....10 0) 0............... N 10 '<I" l.() N .......... OJ
::II ! t-- t-- t':l ..... ..... t--
.
e-- ------ -----
,
..
i!
o
"
..
>
oil
IS .i 1lI
E~ .Ii g ~H
~ 'D ;; ~::II cZ ,9
S.6! a !~.I~
t i'- t: I;; 1l".a 11l
=8~ ~gl.8Iii~E
~ e8 llIj=gJ ~~i g
~D.-!l ;~~.s::&!cZ=
olll<-8------a
11l ""'~ .s ~
~i~--------~
l:...::J..:_________
o
o
o
"
~~Q~
m""
;t'"''"'
c;;:;gg~
""',,",ON
N-....:~....:
..
~:gg~
<<=0
r:i '"'
.
~
.E
1l
z
Supplementary Information
~
11
~
..
\\
ti
'!l
J
u
~'\
j
,
,
"
"
~"'
t<!,"
f/
m.'
'.,,"
:'-~
,~,
Q~,'
".",~ \
'cd'
,,~ .
Temecula Valley Convention & Visitors' Bureau
Budget to Actllal Report
For the Eleven Month Period Ending January 31,2007
All Funds Combined
;J.
TOTAL
Mar 06.Jan 07 Annual BUdlJet $ Over/IUnderl BudRet
Income
Advertising - Website 11,733 11,400 333
Event Hosting 20 3,000 (2,980)
Funding 868,210 827,000 41,210
InvesbnentRevenue 4,900 3,500 1,400
Membership Dues 7,475 12,000 (4,525)
Sales-Publications 10,000 20,000 (10,000)
Miscellaneous 1 1
Temecula Chamber of Commerce 54,000 54,000
Total Income 956,339 930,900 25,439
Expense
Advertlslng-Printed Marketing 316,969 423,550 (106,581)
Advertlslng-Webslte 16,002 15,610 392
Advertising - Media 23,011 42,000 (18,989)
Bank Fees 693 693
Dues & Subscriptions 4,622 2,130 2,492
Event Hosting, Industry Sales 2,924 3,200 (276)
Event Hosting, Local Community 7,439 3,400 4,039
FAM Tours/Site Visits 1,286 7,200 (5,914)
Fulfillment 31 31
Insurance 7,165 8,027 (862)
Maintenance Contracts 129 129
Miscellaneous 217 217
Office Supplies 4,310 7,400 (3,090)
Personnel Costs 143,575 189,713 (46,138)
Postage 266 266
Printing 1,567 1,800 (233)
Professional Fees 34.312 38,000 (3,688)
Promotional Items 4,505 8,000 (3,495)
Rent 29,372 23,996 5,376
Repairs and Improvementa 71 71
TelecommunIcations 5,040 4,900 140
Trade Show ParticIpation 14,403 15,000 (597)
Travel & Entertainment 3,045 27,200 (24,155)
Lodging 720 720
Total Expense 621,674 821.126 1199.452)
Net Income 334.665 109,774 224,891 .
--- --"--'--- --~-_._-- -_._----~
~"
~:~ ,
,;J
Ri.,,'.,'
tLd
~
11.,'.
I
,
I
;id
:)
f;t
If
'-"J
...,
j
~
~
:1
\~
"
See Accompanying Accountants' Report
HI
J1j
m
,:.":<
q
0'
:,)'~I"
,:,:,;
ill.
','.:'-
'l
k,'
f'1
b
n
tJ
m
m
I
"...
Leo
')
>
l:U
111
Ii
'1
:1
a
I
tl
',\
"
"
,
1
Temecula Valley Convention & Visitors' Bureau
Budget to Actual Report
For the Eleven Month Period Ending January 31, 2007
General Fund
Mar 06.Jan 07 Annual Bud!let $ Over/(Under} Budget
Income
Advertising. Websifa 11,732 11,400 332
Event Hosting 20 3,000 (2,980)
Funding 300,000 300,000
Investment Revenue 4,159 4,159
M,...:. ,.~hip Dues 7,475 12,000 (4,525)
Sales-Publications 10,000 20,000 (10,000)
Miscellaneous 1 1
Temecula Chamber of Commerce 54,000 54,000
Total Income 387,387 400,400 (13,013)
Expense
Advertising-Printed Marketing 69,567 168,700 (99,133)
Advertislng-Websifa 15,952 8,070 7,882
Advertising - Media 14,127 20,000 (5,873)
Bank Fees 587 587
Dues & Subscriptions 2,621 930 1,691
Event Hosting, Industry Sale.s 2,124 3,200 (1,076)
Event Hosting, Local Community 7,378 3,400 3,978
FAM Tours/Site Visits 1,275 1,275
Fulfillment 31 31
Insurance 7,164 8,027 (863)
Maintenance Contracts 129 129
Miscellaneous 217 217
Office Supplies 3,578 4,600 (1,022)
Personnel Costs t20,533 150,473 (29,940)
Postage 127 127
Printing 1,459 1,459
Professional Fees 4,094 1,800 2,294
Promotional Items 2,406 2,406
Rent 16,452 9,596 6,856
Repairs 71 71
Telecommunications 4,130 4,900 (770)
Trade Show Participation 2,622 2,622
Travel & Entertainment 2,421 15,600 (13,179)
Lodging 591 591
Total Expense 279,656 399,296 (119,640)
Net Income 107,731 1,104 106.627
= =
See Accompanying Accountants' Report
~'i
lU
~.....
'I'
.',',
:;;i
0'
/'j
!
~'
.'-,
t}$
l"1.""
IH
m
(11
I
I
Pl,','...'
d
Temecula Valley Convention & Visitors' Bureau
Budget to Actual Report
For the Eleven Month Period Ending January 31, 2007
TID Fund
Mar 06 - Jan 07 Annual Budnet
Income
Funding 485,210 444,000
Imlestment Revenue 3,500
Total Income 485,210 447,500
Expense
Advertising-Printed Marketing 175,084 184,850
Advertising-Website 50 7,540
Advertising - Media 6,182 17,000
Bank Fees 105
Dues & Subscriptions 2,000 1,200
Event Hosting-Industry Sales 800
Event Hosting-Local Community 61
FAM Tours/Site Visits 12 4,200
Office Supplies 733 2,800
Personnel Costs 23,042 39,240
Postage 139
Printing 108 1,800
Professional Fees 30,218 36,200
Promotional Items 2,099 8,000
Rent 12,920 14,400
Telecommunications 910
Trade Show Participation 8,782 10,000
Travel & Entertainment 624 11,600
Lodging 129
Total Expense 263,998 338,830
Net Income 221.212 108.670
-
""'"
J
"::"1
""
..
""1
~>~
;J
m
n
oj
~,
,";
J.
;'1
ti
See Accompanying Accountants' Report
$ OverllUnder) Bud!let
41,210
(3,500)
37,710
(9,766)
(7,490)
(10,818)
105
800
800
61
(4,188)
(2,067)
(16,198)
139
(1,692)
(5,982)
(5,901)
(1,480)
910
(1,218)
(10,976)
129
(74,832)
112,542-
'-;,',:
.U,.1
ft
"
"
n
fJ
..
[..
;~;
2:~
0..
\;
tU
r
LJ
If1
W
lm
II
I
0.'\
"'j
'\1!
Temecula Valley Convention & Vi$itors' Bureau
Budget to Actual Report
For the Eleven Month Period Ending January 31, 2007
City Marketing Fund
Mar 06 -Jan 07"
Annual Budnet
Income
Funding
Total Income
Expelllle
Adverti$ing'Printed Marketing
Adverti$ing . Media
FAM Tours/Site Vi$it!l
Trade Show Participation
83,000
83,000
83,000
83,000
72,318
2,702
70.000
5,000
3,000
5,000
3,000
Total Expen$e
Net Income
78,020
. 4,9B!,
83,000
,.
".r
i
,
,
~:~
Iii
I
~
",
"
:1
J
~
,
,
,
.,
See Accompanying Accountants' Report
$ Overt(Under) Budget
2,318
(2,298)
(3,000)
(2,000)
(4,980)
4,980
Attachment B
TEMECULA
VALLEY
-
---
.-
Convention and Visitors Bureau
BUDGETARY CONTROL
The Executive Director of the TVCVB shall be responsible for preparing an
annual budget for approval by the Temecula Valley Convention & Visitors
Board, TVCVB Treasurer, Temecula Valley Tourism Improvement District
Advisory Board and the City of Temecula. The TVCVB Fiscal Year
corresponds with the Tourism Improvement District of March-February.
The Budget shall be based essentially on the revenue allocations for the
year, and which include Sponsorships, Membership revenue, Tourism
Improvement District revenue and Marketing Funding from the City of
Temecula. The budget shall include proposals for the projects supporting
the Advertising, Marketing and Promotions of the Temecula Valley.
The Boards and Council shall receive, before the annual meeting, or during
the budget process a preliminary Budget and a cash flow statement for the
following year, and make recommendations for amendment or approval.
A monthly report shall be submitted to the TVCVB Board of Directors by
the Executive Director showing actual expenditures under each budget
heading, together with a comparison against budget and commentaries on
significant variances. All montWy financials are available for review at any
time ofthe request of the City ofTemecula.
The Executive Director and Assistant Director will work montWy with the
TVCVB Boards, reviewing monthly reports on expenditures. It is the
Executive Directors responsibility to keep track of the budgets and to keep
within the budget figure which is a component of the overall budget agreed
by the TVCVB Board, Advisory Board and City of Temecula.
The Executive Director is authorized to make adjustments between major
budgeted line item expenditures of up to $5,000 per fiscal year. All other
major line item adjustments over $5,000 will be approved by the TVCVB
Executive Board or TVCVB Advisory Board.
A third quarter budget review will be conducted based on any potential
carry forward of unspent budget amounts from one financial year to the
next. If any significant carry over amount is identified a budget revision
will be required by the TVCVB Board or TVCVB Advisory Board.
Note: The Temecula Valley Convention & Visitors Bureau is working
monthly with a contracted certified public accounting firm to review and.
prepare monthly financials.
Attachment C
Temecula Valley Convention and Visitors Bureau
Strategic Marketing Plan
Temecula CVB Group Sales
Segement Forecast Model
2006
Base 0 (assumed 2005-2006 base rooms)
Projected incremental growth in room night production
1STYr 2007 annual % 5.0% 2008 3.5% 2009 3.5% 2010
Basis 5986 299 6285 220 6505 228 6133
Association Corporate Incentive SMERF GOY Total
National Statewide Regional
2007
Room Nights 0 1200 0 2386 0 2400 0 5986
ADR $120.00 $120.00 $120.00 $120.00
Segment Revenue $0 $144,000 $0 $286,320 $0 $288,000 $0 $718,320
2008
Room Nights 550 500 2550 150 2535 6285
ADR 3.00% 123.60 123.60 123.60 123.60 123.60 123.60
Segment Revenue $0 $67,980 $61,800 $315,180 $18,540 $313,326 $0 $776,826
2009
Room Nights 550 500 2655 200 2600 6505
ADR 3.00% 127.31 127.31 127.31 127.31 127.31
Segment Revenue $0 $70.019 $63,654 $338,003 $25,462 $331,001 $0 $828.139
2010
Room Nights 600 500 2800 300 2533 6733
ADR 3.00% 131.13 131.13 131.13 131.13 131.13
Segment Revenue $0 $78,676 $65,564 $367,156 $39,338 $332.145 $0 $882.880
3 year 9rowth
Assumptions: $164,560 18.64%
Temecula Hotel Community
2006 2007 2008 2009 2010
rooms 1640 1640 1640 1640 1640
rooms available 598600 598600 598600 598600 598600
occupied rooms 430992
annual occupancy 72.00%
CVB group rooms 5986 6285 6505 6733
CVB oce 1.00% 1.05% 1.09% 1.12%
cve grp rms/occ rms 1.39%
midweek oce 40%
Annual growth rate in rate runs flat at 3%
Annual room inventory does not expand over forecast
Annual occupied rooms will fluctuate up or down
Annuai ADR applied in flat basis to all segments. future actuals should be utilized
Source: SMG Estimates
~
63
Temecula Valley Convention and Visitors Bureau
strategic Marketing Plan
Segment Approach
1. Corporate and Incentive
Market Focus: Small Group executive level board meeting/retreats and corporate education and training.
. Develop meeting planner sales presentation kit that includes gross capacities, service levels,
destination amenities and booking contact information.
. Develop an annual newsletter to meeting planners highlighting new products and services.
. Send out direct e-mail pieces to targeted group meeting planners from growth industries with
destination updates on the Temecula Valley region, including hotels' value dates and new venues.
. Conduct four annual sales blitzes to targeted origination markets (Orange County/Los Angeles), inviting
hospitality members to present services/facilities to meeting planner prospects for corporate meetings.
. Take membership within Southern CA chapters of MPI if sponsorship can be found. (MPI does require
membership to sponsor new supplier candidates)
. Identify and Assist corporate travel planners and meeting planners with organizing a minimum of 15
site tours of properties, attractions and outside activities that meet their needs and create the desire to
bring their business to T emecula Valley- South West California.
. Create one annual corporate meeting planner event in T emecula including golf tournament or barrel
room wine tasting dinner, spa services and shopping tours.
. Host site visits for target meeting planners.
2. SMERF
Market Focus: Education, Social, Religious
. Develop programs to target wine industry including wine seminars, master sommeliers and other
pertinent industry education components. Integrate food education and cooking components into this
segment approach.
. Target key Sports organizations including soccer leagues, softball leagues and bicycle groups for
consideration of T emecula during the pertinent seasons.
. Consider wedding industry to targeted periods if the fit works between wineries and hotels.
. Develop religious retreat segments as identified opportunities present themselves.
3. Association
Market Focus: Regional Association Meetings
. Target 50 qualified statewide and regional associations to consider the T emecula Valley as a potential
meeting destination.
. Create a second tier of 50 prospects for continued efforts. Emphasis will be placed on the markets that
feed demand (So Cal and Sacramento)
. Develop memberships with California ASAE and regional chapters in Southern CA demand generation
areas of San Diego, Orange County and Los Angeles.
. Work to establish site inspections for key potential prospects
. Work to gain regional chapter meetings of broader National Association groups.
~
64
Temecula Valley Convention and Visttors Bureau
Strategic Marketing Plan
4. Tour and Travel
. Identify regional ground operators of coach and limousine services to facilitate small group tours built
around wine country hospitality and accommodations with focus to off season and mid week demand
generation.
. Develop affinity tour groups such as vintage or collector car clubs, agricultural science or other
identified targets
Sales Action Plan
1. Tradeshows and Memberships
Short Term:
. Affordable Meetings-West, Target audience is corporate, association, incentive meeting planners
. IT&ME-The Motivation Show, Chicago, IL. Target Audience is incentive and corporate meeting
planners. San Jose June 2007
. North American Journeys, - January 2007, Los Angeles, CA. Target Audience is International and
Domestic Tour Operators.
. MPISCC (Meeting Professionals International Southern California Chapter), March 2007, Los Angeles.
Target audience is corporate meeting planners.
2. Direct Sales
Short Term:
. Undertake monthly or quarterly sales calls within key segment demand generation markets to include
day travel to prospect offices and occasional multi day sales missions
. Host special sales receptions for corporate site decision makers at appropriate places and times to
retain awareness and develop new relationships. One such event should be held in each Southern Ca
regional market of San Diego, Orange County and Los Angeles.
. Establish specific quota's for sales contacts to be made weekly and monthly within each segment
targeted. Quotas must follow to segment priorities and goals.
3. Client Relations & Account Retention
Short Term
. Maintain relationships with current and past clients to secure repeat business and generate new
opportunities for the region. Work with destination hotels to gain perspective of key accounts
. List top 10 ten clients and actions to maintain their business.
. Manage leads to a close by acting as liaison between client and hospitality partner to Secure hospitality
business into the Temecula Valley Region- South West California.
. Qualify all details of potential business with an emphasis on determining key deciding factors. These
deciding factors will be communicated to hospitality partners to secure the business in the T emecula
Valley.
. Develop a meeting planner section within the destination web site that provides for meeting information
requests and response (integrate this with below web discussion)
EL'mI
65
Temecula Valley Convention and Visitors Bureau
Strategic Marketing Plan
· Respond to internet inquires and qualified prospects by mailing out visitors guides, sales brochures and
other sales materials.
· Assist groups with hotel and non-hotel needs such as destination management companies,
transportation, off-site venues, attraction, team building and all other hospitality services to maximize
member benefits.
· Build a dynamic group sales module into destination web site that provides initial detailed information
for meeting planners to undertake preliminary research on capacities and facilities
4. Research New Markets
Short Term:
· Query T emecula Valley members to determine needs periods and targeted business scope.
· Define and research sales sources to be used to generate new business.
· Develop pre and post FAM/SITE tours for larger groups convening in So CA where appropriate
5. Direct Mail
Mid Term:
· Create a targeted and unique direct-mail piece that will be sent directly to pre-registered attendees for
all trade shows locally to create interest in the Temecula Valley.
6. Industry Memberships
Short Term
· Join and maintain memberships in the following organizations for networking and new business
opportunities: Society of Incentive Travel Executive( SITE), Religious and Conference Management
Association (RCMA), Meeting Professionals International (MPI), California Society of Association
Executive (CaISAE), Hospitality Sales & Marketing Association International (HSMAI), The goal will be
for the TVCVB team and sales staff to attend chapter meetings from primary targeted regions.
7. Promotions
Mid Term:
· Introduce T emecula Valley tie in promotions to the leisure, religious, sports, fraternal groups utilizing
affinity vehicles they align with
· Place destination co-op advertising in selected tour brochures in conjunction with, members for group
sales to corporate, association and, SMERF segments.
· Develop on-line packaging programs to increase online sales.
8. Sales Measurements
Short Term:
· Develop tracking system for guest rooms, Food & Beverage, and meeting room revenue for all definite
bookings that are consumed in 06 and record actual sales results against these goals as an ongoing
monthly and annual measurement system of sales effectiveness.
· Develop a tracking system for contracted bookings in the area of guest rooms, food & Beverage, and
meeting room revenue for all definite bookings that are consumed in 05-06.
~
66
Temecufa Valley Convention and Visitors Bureau
Strategic Marketing Plan
. Develop systems for tracking spending as a performance, measure to determine economic impact of
group business booked in our region.
. Conduct monthly sales meetings with members to address trends, targets selling and destination
packaging for the Temecula Valley.
. Invite individual members to weekly sales meetings to present and educate the Bureau staff and sales
team on member promotions and provide business updates.
. Partner with member to promote the T emecula Valley region by offering client educational tours, site
inspections, and co- op trade show opportunities.
9. Other
Short Term:
. Develop a specific group sales budget including expected room night and revenue sales volume to
community, record monthly actual sales results against such plan, develop an expense budget that
breaks out resource spending against each segment and in a priority that ties to the revenue goals by
segment and to strategic plan. (half of this is now presented above, the sales expense budget now gets
created based upon segments and actions defined above)
. Develop an appropriate sales material kit in conjunction with the private sector to present a unified
destination presentation. (now previously covered-redundant)
. Develop a Sales Committee from the private sector to assist and support the CVB sales efforts. (integrated in
notion above in measurements)
. Adapt the core Temecula creative message to the group meeting segment stretching the brand beyond the
leisure travel segment and positioning the group/meeting benefits of the destination.
. Encourage add-on days to meeting and conference visitors by presenting the destination as one that offers
much to see and do beyond business.
. Develop collateral support materials that can be used to get the attention of target segment decision makers.
(covered above sections)
. Implement specific communication programs to targeted publications and online media database resources that serve
meetings and conference organizers. (this is the start of the PR action steps, it could be expanded and identified as such)
. As part of the website, develop a meetings and conference section, in conjunction with the private sector, which is
designed to direct meeting and conference planners to a final property. (integrate with above web site discussions)
. Partner with local destination management companies to cooperatively solicit incentive business and
third-party planners in targeted cities. (move to tour and travel and incentive sections above)
~ 67
Temecula Valley Convention and Visitors Bureau
Strategic Marketing Plan
B. Brand Development and Promotion
Short Term
. Continue to include the TVCVB logo and positioning statement in every marketing effort including printed materials, print
ads, trade show booth and online initiatives.
. Develop specific message points that promote the key points of differentiation and primary tourism assets that help to
build and promote the Temecula Valley brand over the long-term. Integrate supporting message points into all marketing
programs that target meetings, groups and leisure travelers.
. Educate and encourage local newspapers, magazines and media to use "T emecula Valley" brand name in their
communications about the region to foster support by locals for destination wide tourism efforts implemented by TVCVB.
Mid Term:
. Encourage all BID partners, the City of Temecula, and tourism related businesses to include the Temecula Valley
destination brand on their websites and appropriate printed materials in order to unify all destination tourism assets under
one identity.
. Build a photo library of the primary tourism attractions including wineries, golf courses, meeting facilities, Pechanga
Resort & Casino, entertainment, Old Town, shopping and special events in order to support the brand and message
points for both leisure and group market segments.
. Obtain testimonials from satisfied meeting planners, group leaders and decision makers to use in specific marketing
efforts to help build credibility for the destination among target market segment. Testimonials or quotes could be used in
press releases, group/business print materials and TVCVB website pages.
. Understand visitor perceptions about Temecula Valley brand through implementation of comprehensive visitor's survey.
C. Visitor Data CollectionMsitor Database
The collection of visitor data and the creation of a visitor database will be the lifeline for Temecula Valley marketing efforts. ltis
not cost effective to make an investment in visitor contact efforts (trade shows, advertising, etc.) without securing visitor data
to keep that costly visitor contact informed about year-round activities and special events in Temecula Valley. Temecula
Valley's future success is contingent upon ongoing, quality visitor relationship programs.
The primary mechanisms for collecting visitor information and data include:
Short Term:
. Website/lntemet
o Email capture system on TVCVB website
o Online monthly newsletter with "forward newsletter" mechanism to encourage new readers/visitors
o Online ads/promotions
o Visitor's Guide online order form
o Meeting Planner's Guide online order form
. Print Advertising
o Emailleads collected via reader service mechanism sent to TVCVB from publication
~
68
TemecuJa Valley Convention and Visitors Bureau
Strategic MarkeUng Plan
,i
,
o Leisure leads to TVCVB via 888# or website
o Group sales leads to TVCVB sales staff
. Trade Shows
o Promotions (sign up/collection of emails)
o Attendee surveys
o Online newsletter sign up form
. Promotions
o Participant entry forms with email sign up form for online newsletter
o Email sign ups on TVCVB website
. Special Events
o Online newsletter sign up form
o Attendee surveys
. Leads from TVCVB Partners
o Reciprocal website links from BID members, City of Temecula, wineries, Pechanga, attractions, etc. that
generate visitors to TVCVB website
o Emails generated by partnerships, i.e., Southwest Airlines, cnc, etc.
. Visitor's Guide Orders (888#, website)
. Meeting Planner's Guide Orders (888#, website)
. Meetings and Groups sales leads
Collecting visitor information will assist the TVCVB with more targeted programs over the long-term as well as help to obtain a
visitor profile of current and potential guests.
All visitor data will be directed to the online newsletter database where they will be continually educated about year-round
activities, specials and events in Temecula Valley that will encourage new and repeat overnight visits. Specific meetings and
groups sales leads will have additional customized sales activities.
D. Website Enhancements (See complete Website Review located in Appendix of this report)
Short Term:
· Consider simplifying the Home Page in order to make it more user friendly and to achieve primary goals: collect emails,
book a trip/rooms/packages, promote special events, and to order guides.
. Consider restructuring navigation where repetitive to provide a clear and simple 'choice' for users; driving them to click on
the links and take the CVB's desired action, be it to book a trip, request a guide or sign up for email newsletter.
· Add unique !me tags to all pages (while some pages have tags, not all do).
· Add and maintain a blog to provide ongoing updated information to assist users and search engine ran kings.
· Consider purchasing a slightly more consumer-friendly URL like www.visittemecula.com. as the acronym "CVB" isn't as
intuitive to someone researching travel.
~
69
Temecula Valley Convention and Visitors Bureau
Strategic MarkeUng Plan
. Test and fix all pages that do not render correctly in all browsers including Firefox and Netscape.
· Consider streamlining the booking process with fewer options. If the goal is to encourage visitors to book a trio to
Temecula Valley, consider having one option only and include lodging, cars and flights within the booking engine.
Similarly, instead of offering multiple links (get a room, get some wheels) to the same booking engine, it may be less
confusing for the user to simply offer the links to hotels, attractions, car, packages and deals that are currently on top of
the ARES booking engine.
· Revamp ad units on home page to feature one or two larger units that rotate. This provides greater value to the
advertiser, potentially attracting more and should result in a cleaner look.
. Set up an email capture system on every page in the navigation bar above the fold. Include a more in-depth system that
allows the user to request a guide, provide geographic information and indicate email newsletter interests for
segmentation purposes.
'; · Investigate developing specialized newsletters and customized email updates based on interests (i.e. wine, recreation,
meetings, groups, weddings, entertainment, events, lodging specials & packages).
. Create a monthly online newsletter for all travelers to promote year-round activities and special events to the visitor
database in order to encourage repeat visits, especially during the slower seasons.
a. Include the TVCVB brand, key positioning message points and links to the BID members and attractions.
b. Include a "forward newsletter" option to encourage new sign ups as a viral marketing tactic.
c. Ensure the newsletter is of the highest quality before sending to the database. Make sure it is formatted
correctly for HTML, text and AOL users and for different browsers. Make sure all the links work and that the
copy has been edited for readability, spelling errors and relevant content for the specific visitor segment.
Test the format before it is sent to the database.
d. Ensure newsletter copy is free of spam alert words, i.e., Free, Spam, any words in all CAPITALS, etc.
e. To ensure the newsletter complies with federal law (CAN-SPAM act), include an unsubscribe link and the
TVCVB physical address and contact information in every newsletter.
· Measure the newsletter based upon opened emails.click-throughstospecificTVCVBwebsitepages.click-throughs to
featured links, and increased user sessions on the TVCVB website.
· Develop an online marketing strategy including search engine optimization, paid search, online advertising and email
marketing campaigns.
· Improve exposure for BID members on the lodging section (Places to Stay and Sleep) and improve usability for the end
user by including a photo, copy and direct link to each properly under each category like the Book Online page.
· Assist meeting planners and provide better exposure for BID members and tourism businesses by improving the
Conventions/Conferences section by including listing of each meeting facility with a link similar to Book Online page.
· Update overall copy including current events, specials, promotions, etc. on an ongoing basis to provide continual updated
information for new and repeat users.
· Upgrade the Visitor's Guide and Meeting Planner's Guide Order forms to including brief survey questions about how the
user found out about the website in order to track effectiveness of marketing efforts. Include a note next the email field
that user will be added to monthly online newsletter database.
~
70
Temecula Valley Convention and Visitors Bureau
Strategic Marketing Pian
· Implement a reciprocal link strategy with BID members, attractions and businesses in Temecula Valley as well as outside
of the area where it makes sense to improve search engine optimization and to build visitor database for ongoing visitor
relationship programs.
. Measure monthly user sessions, traffic to specific pages, referrers, page views, desired actions (i.e. email sign ups, guide
orders) and exit links (click- throughs) to BID members and strategic partners in order to continually improve the site's
usefulness and efficiency.
· Conduct a thorough review of the website measurements compared to website layout/navigation system in order to
determine if current website organization is achieving identified goals, i.e., links to BID members, bookings, etc.
· Develop an online promotion to give away a trip to Temecula Valley for those visitors who participate in an Internet survey
designed to gather emails, track advertising and brand building efforts and to develop a visitor profile study.
E. Media Planning/Advertising
Short Term:
· Research and develop a print media plan to reach leisure travelers with targeted publications in specific Southern
California regions such as Orange County and Los Angeles, and publications that cover the southwest and state of
California.
· Advertise in Southwest Airlines in-flight magazine and as a Featured Destination on southwest.com in order to reach air
passengers into Ontario Airport and other Southern California airports.
· Develop local media plan including print and broadcast to promote year-round specials events to the local and
surrounding areas ofTemecula Valley.
· Develop print ad creative that integrates the Temecula Valley brand, key message points and the appropriate call to
action based upon target market segment and co-op participation.
· Print ad call to action should include sales contact information, free guide, specific website landing pages and 888#.
· Investigate signage and Visitor's Guide distribution at the Ontario Airport.
· Research online advertising options (banner ads) for leisure and group markets based upon number of impressions.
Mid Term:
· Develop a print and online media plan to reach group and business travelers with publications/websites that cover the
southwestern region of the United States and Califomia.
· Negotiate value-added programs including free editorial, material distribution and website exposure such as free banner
ads or online newsletter editorial as part of print media buys.
· Research email newsletter sponsorships, advertorial and promotional opportunities with activity-specific websites such as
golf, wine, meetings, etc. in order to reach targeted online audiences and to build TVCVB email database.
· Develop an online geo-targeted ad program by selecting certain IP addresses based upon a predetermined geographic
region, i.e., Orange County.
~
71
iemecula Vaney Convention and Visitors Bureau
Strategic Marketing Plan
. To leverage TVCVB's print budget, consider developing co-op print ads with lodging properties and attractions for leading
leisure magazines such as Sunset Magazine.
. For meetings and group ads consider including testimonials from highly recognized decision makers to help legitimize the
appeal and qualifications of Temecula Valley to meetings/groups/business travelers.
. Develop a measurement system for print and online ads including generated sales leads, collected emails.888#s.guide
orders, etc. in order to track ROI and areas of improvement.
. Implement a website conversion study to determine the number of users who click-through to the TVCVB website from the
various online marketing efforts including newsletters and online ads.
F. Public Relations
1. Out.of.Market
Short Term:
. Develop (or hire a professional public relations firm/professional to develop) a comprehensive public relations program
including print and online activities in order to maintain ongoing media relationships and to pitch story ideas.
. Update online and traditional press kit and photography to ensure Temecula Valley brand and key message points are
included and fully represented.
. Develop segmented media lists and talking points, inCluding blog copy, for specific travel audiences: meetings, business,
golf, wine, special events, gaming, etc.
. Develop unique story ideas that capture the essence of Temecula Valley. Story angles could include the following:
o Wine
o Old Town
o Gaming
o Golf
o Special Events
o Outdoor Activities
o Meetings
o Value
. Target appropriate media sources in Southem California (Los Angeles, Orange County) primarily and Northem Califomia
and outside Califomia secondarily. Specifically target the following types of publications:
o Newspapers
o Lifestyle & Epicurean Publications
o Wine Publications
o Wine Blogs
o Wine Sections in Newspapers
o Wire Services
o Freelance Journalists
o Travel Writers
o Radio & TV
o Guide Books
o Online Travel Sites
o Online Meeting Sites
o Online "Lifestyle" Sites such as wine and golf
~
72
Temecula Vaney Convention and Visitors Bureau
strategic Marketing Plan
. Distribute information to meetings and conference planner publications to position Temecula Valley as a viable meeting
and conference destination.
. Communicate with the Califomia Travel and Tourism Commission (CTTC) and provide press kit and ongoing releases for
possible inclusion in their press kit stories or marketing materials.
. Create and manage monthly online traveler's newsletter to opt-in subscribers.
. Write and distribute monthly press releases to targeted media. Include new releases on media website pages and update
site pages on an ongoing basis.
. Implement targeted media FAM trips with qualified travel writers to encourage coverage of Temecula Valley.
. Attend media events such as the CTTC Media Reception and Marketplace in San Francisco.
Mid Term:
. Work with other visitor and convention bureaus in Southem California on appropriate cooperative programs that bring in
travel writers who want to visit the entire area.
. Develop a proactive public relations disaster plan in case of emergencies that could hinder travelers.
. Measure public relations activities and program results based upon generated coverage, ad equivalency and press clips.
. Targeted promotions to locals to create awareness and education for tourism within Temecula
2. In-Market
Short Term:
. DevelOp an ongoing email communication tool/system for BID members, City of Temecula, Chamber of Commerce and
tourism business community to provide ongoing updates about public relations and marketing efforts and results.
. Solicit ongoing information from BID members and local tourism businesses to obtain newsworthy information to feature
in out-of-market press releases and the online monthly newsletter.
Mid Term:
. Deveiop a comprehensive plan to communicate with the local and regional media. Develop and distribute press releases
about TVCVB marketing activities in order to increase awareness and support for tourism marketing efforts in Temecula
Valley. Meet with local and regional media as needed to gain coverage and support of TVCVB tourism promotion efforts
that can be reported and broadcast on a regular basis.
. Develop power point presentation for funding partners that includes a review of marketing program, results and ROI
measurement.
~
73
Temecula Valley Convention and Visitors Bureau
Strategic Marl<eung Plan
G. Visitor Information
Short Term:
. Continue to enhance the Temecula Valley Visitor's Guide, Meeting Planner's Guide, brochures and CD as sales tools for
the entire region as new capital investments are added in order to continue to promote a sophisticated and unified
destination.
. Develop a comprehensive distribution plan for the Visitor's Guide to include corporate locations throughout California and
possibly the southwest, and in select Califomia Welcome Centers utilizing Certified Folder distribution channels to reach
leisure travelers.
. Research distribution plan for the Meeting Planner's Guide in order to reach group/meetings/business decision makers.
. Track distribution of guides by orders via 888#, online order forms, print ad leads, newsletter links, selected Califomia
Welcome Centers, corporate locations and trade shows.
. Investigate distribution of the Visitor's Guide at Ontario and Orange County airports.
Mid Term:
. Develop integrated destination wide information system using kiosk technology (pictured below) designed to educate
visitors, extend their stays and increase their spending while in Temecula Valley.
. Investigate costs to create Visitor Centers in the wine country and Old Town that could either be staffed or include kiosks.
. Measure the effectiveness and appeal of Temecula Valley printed and online visitor information with a visitor survey in
order to identify necessary improvements or changes.
H. Special Events/Promotions
Short Term:
. Create quarterly special event seasons that tie together all of the various events occurring during the 3 month period to
create a larger attraction and to help cross-sell events such as the Winter Special Events Promotion featuring the Winter
Barrel Tasting, Good Old Days Car Show and the Bluegrass Festival.
~
74
Temecula Valley Convention and Visitors Bureau
Strategic Marketing Plan
. Support the development of a "Foodie" promotion that includes all of the restaurants, agricultural partners, wineries,
farmer's markets, etc. to showcase the local and regional agriculture and cuisines. (Similar in nature to the Thursday
evening street fair in San Luis Obispo.)
. Feature quarterly Special Events and "Foodie" promotions on the website, in the online newsletter, press releases and ads.
A great example is a weekly farmers market that brings together local farm produce with wines and local restaurant sand
chefs.
Mid Term:
. Create "Foodie' Lodging Packages with all partners in order to encourage overnight visits during slower season.
. Create quarterly Special Events Packages that include events, attractions, retailers and lodging properties in order to
stimulate ovemight visits during each quarter.
. Measure promotional efforts by number of room nights generated, travel spending, attendance at featured seasonal
events and attractions, collected visitor information, leads, requests for specific information and website visits and click-
throughs.
I. Strategic Partnerships
Short Term:
. Maintain strong partnerships with the City of Temecula and the Temecula Valley Winegrowers.
. Investigate partnership with Southwest Airlines in order to reach air passengers traveling into the Ontario Airport and to
develop a comprehensive travel partnership program that includes promotions, air packages, advertising, online
exposure, sales programs, etc.
. Investigate partnership opportunities with the CTTC in order to enhance Temecula Valley's exposure in its marketing
efforts such as a location for filming or to participate in cooperative programs that reach out-of-state visitors.
Mid Term:
. Measure partner programs based upon website activity, generated visitor information, generated sales leads, guide
distribution, bookings and travel spending impacts to determine effectiveness and ROI.
~
75
Temecula Valley Convention and Visitors Bureau
Strategic Marketing Plan
J. Research and Measurement
In order to determine if the Temecula Valley marketing program is achieving long-term goals and objectives, it is imperative
that the TVCVB creates a comprehensive system to measure the effectiveness of all marketing efforts.
Temecula Valley marketing efforts have two levels of measurement. One measurement includes computing the performance
and Return on Investment (ROI) of the TVCVB marketing efforts. Efforts can be measured through website usage and various
costs per analysis of specific activities, as well as tracking the leads sent to BID lodging properties and attractions. The other
measurement includes calculating the ROI to the business community generated through travel spending. T emecula Valley
lodging properties can measure revenues generated from tourism through the analysis of their T.O. T. collection reports.
It should be noted that not all ofthe marketing efforts can have a designated ROI such as ads and public relations that are
designed to build brand awareness. Building brand awareness is just as critical to long-term success as specific marketing
efforts designed to drive a particular response that can be tracked. Brand building can be measured, however, through the
monthly user sessions on the TVCVB website in which all Temecula Valley marketing efforts are designed to feed into.
Short Term:
· Establish an annual budget for a comprehensive research and measurement program in order to develop a baseline for
measuring the results of specific marketing efforts, as well as areas of refinement and overall ROI.
· Review annual increases in Temecula Valley T.O.T. collections, ADR, room nights sold, occupancy rates and travel
spending In order to determine the impact of TVCVB marketing program on the local economy.
· Conduct ongoing measurement of all marketing efforts to determine if programs are increasing visitations to the TVCVB
website, links to BID lodging properties and ovemight bookings.
· Invest in a comprehensive website reporting system in order to understand the website user's behavior and to identify
areas of improvement. The report should track user sessions, site paths, page views, top exit and entry pages, as well as
the links (click throughs) from the TVCVB website to the BID lodging properties, attractions and partners.
. Develop a special events survey in order to gather precise information about the economic impact of events.
· Develop a visitor profile study in order to understand the visitor's perception, behavior and motivations as well as
demographic data. Use the study findings to refine marketing messages and to better target marketing efforts to more
efficiently reach the most lucrative visitor segments.
· Encourage each tourism related business including wineries, lodging properties, attractions, special event promoters, etc.,
to collect visitor demographic information whenever possible in order to understand the Temecula Valley visitor
demographics and economic impact.
Mid Term:
· Survey the tourism business community in order to understand their perception of the TVCVB marketing strategy and
program in order to make refinements to specific efforts, and to identify if business levels have improved due to TCVCB
efforts.
· Establish benchmarks for measuring the ROI for each marketing effort such as a Cost Per Inquiry, Cost Per Visitor
Contact/Sales Lead, Cost per Click-Through, Cost per Visitor Guide, etc.
· Utilize and share the information with BID members and tourism business community in order to stimulate change and
innovation for overall tourism efforts.
~
76
Temecula VaHey Convention and Visitors Bureau
strategic Mail<eting Plan
. Once a visitor database has reached a critical mass, develop and implement an online survey to determine if the print ads
and other marketing efforts increased visits to the TVCVB website.
~
77
Attachment 0
{ !
TEMECULA
VALLEY
-
Convention and Visitors Bureau
Temecula Valley
Convention & Visitors Bureau
2007- 2008 City Marketing Tourism
July 1, 2007-June 30, 2008
Tour~sm Rack Brochure $25,000
Trade Show $ 8,000
FAM Tours $ 3,000
Ad Design/Out of Film $ 8,000
Advertising $24,500
Co-op Advertising $10,000
Rack Service $11 ,500
CD Rom $ 4,000
Southwest $ 15,000
Co-op Advertising Billboard $ 11 ,000
Total Tourism
$120,000
For the 2007-2008 Budget Period the Temecula Valley
Convention & Visitors will maintain the programs developed by
the City of Temecula.
Tourism Rack Brochures
Expense $25,000
1. Reprint tourism rack brochures for Temecula
2. Distribute brochure through rack service in SD, Orange County, LA
County, Palm Springs. Hand out at Trade Show and in Temecula CVB
Press Kits
Trade Show
Expense $8,000
1. Participate in tourism trade shows focusing on the leisure markets
2. Efforts will be made in the San Diego and LA Markets (at6tend Lad Travel
Show and SD Travel Show)
FAM Tours
Expense $ 3,000
1. Develop and support FAM tours for Media, Meeting Planners, Tour and
Trade.
2. Partner with the community to establish itinerary for hotels, restaurants,
wineries, golf, ballooning and old town
Ad Design/Out of Film
Expense $ 8,000
1. Re-Design City ads to meet layout specifications
Advertising
Expense $24,500 Co-op Advertising Expense $10,000
1. Pursue media co-operative advertising buys with other area organization
and tourism business, San Diego Convis, Orange County Convis, Inland
Empire, and the Temecula Valley Wine Growers Association to leverage
Temecula's advertising budget
2. Place ads in tourism industry trade publications, guide books, magazines
and special selections, and internet
Rack Service
Expense $11,500
1. Rack service distribution through San Diego and Orange Counties, Palm
Springs, San Diego Corporate and Phoenix, AZ Corporate. Position
Temecula with the Temecula Valley Winegrowers rack brochure in
designated areas
CD Rom Expense $4,000
1. Update and reprint current Temecula CD
SouthWest Airlines Expense $15,000
1. Event, hotel and airline packing
Co-op Advertising Billboard Expense $ 11,000
1. Event, hotel market
Total Tourism Marketing $120.000
Attachment E
AGREEMENT BETWEEN THE CITY OF TEMECULA
AND
TEMECULA VALLEY CONVENTION & VISITORS BUREAU
This Agreement, made in triplicate, this 14th day of August, 2007, by and between
the CITY OF TEMECULA, a Municipal Corporation, duly organized and existing under
and by virtue of the laws of the State of California, (hereinafter referred to as "City"), and
the TEMECULA VALLEY CONVENTION & VISITORS BUREAU, a California nonprofit
corporation (hereinafter referred to as "TVCVB") with reference to the following facts
which are acknowledged by each party as true and correct:
I. RECITALS
A. The City is desirous of promoting its advantages as a business, industrial,
tourist and residential 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.
II. AGREEMENT
NOW, THEREFORE, it is agreed by and between the parties as follows:
A. TVCVB shall undertake, during the 2007-2008 fisc",' 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. 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 tourist
industry, tourist advantages and opportunities in the City of Temecula, and to
disseminate tourist information by correspondence, newspaper public Agency and
personal contacts favorably advertising such advantages and opportunities.
3. Participate in tourism trade shows focusing on the leisure markets.
4. Reprint tourism rack brochure and distribute through rack service.
The TVCVB shall supply City with rack brochures to include in City's business attraction
efforts at no cost to City.
5. Develop and support FAM (Familiarization) Tours for media,
meeting planners, tour and trade.
6. Pursue media co-operative advertising buys with other area
organizations and tourism businesses such as San Diego CONVIS, Orange County
CONVIS, and the Temecula Valley Winegrowers Association to leverage Temecula's
advertising budget.
7. Place advertising in tourism industry trade publications, guide books,
magazines and special selections, billboard and internet.
8. Respond to travel visitor inquiries through travel publications,
Westways and CVB partners.
9. Update and reprint the visitor guide that represents all of the
tourism aspects of Temecula. The guide includes a special section for Old Town
Temecula. Tpe TVCVB shall supply City with guides to include in City's business
attraction efforts at no cost to City.
10. Prepare quarterly calendar of events and mail to media.
11. 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 less than eight hours a day, except Saturdays, Sundays, and holidays.
TVCVB shall employ a full time Executive Director, a portion of whose duties shall be to
promote the welfare and activities of the City of Temecula; its tourist industries, tourist
activities and opportunities.
12. Maintain and update TVCVB web site.
13. Update and reprint Temecula CD. The TVCVB shall supply City
with CDs to include in City's business attraction efforts at no cost to City.
14.
handout to media.
Maintain press kits and provide during familiarization tours and as
15.
Partner with SouthWest Airlines to promote Temecula Valley.
B. That in consideration of the services to be performed by TVCVB for City,
as set forth in paragraph 1 and Attachment A hereof, City hereby agrees to pay TVCVB,
during the term of this Agreement, the sum of One Hundred Twenty Thousand Dollars
and No Cents ($120,000) for the fiscal year 2007-08. This shall be considered a
payment for services rendered from July 1, 2007 through June 30, 2008.
C. In the event the City of Temecula should desire any additional service,
TVCVB shall, upon request of City, furnish a proposal including an itemized statement of
the estimated cost thereof, and the City of Temecula may modify or alter the proposal in
its sole discretion or may direct the submission of a new proposal which may be
accepted, altered or rejected. Upon the final approval of any such proposal and
execution thereof, by the City of Temecula and the TVCVB, as herein provided, the City
will pay to TVCVB the cost thereof, and theTVCVB shall perform the work. All money
due for carrying_out said plan or proposal shall be supported by a detailed statement of
TVCVB showing the basis of said claims, and certified by proper officers of TVCVB.
TVCVB shall not be entitled to receive any compensation for its normal services or
expenses.
D. The Executive Director of the TVCVB shall provide to the City Manager
and Assistant City Manager a copy of the monthly written report that is submitted to the
TVCVB Board of Directors showing actual expenditures under each budget heading,
together with a comparison against budget and commentaries on significant variances.
The Executive Director of the TVCVB shall also provide to the City Manager and
Assistant City Manager a copy of the activities monthly report submitted to the TVCVB
Board of Directors. Said reports are requested by the second Wednesday of each
month.
E. TVCVB agrees that it will defend, indemnify and hold the City, Temecula
Community Services District, Redevelopment Agency and their respective elected
officials, officers, agents, and employees free and harmless from all claims for damage
to persons or property by reason of TVCVB's acts or omissions or those of TVCVB's
employees, officers, agents or invitees in connection with their services rendered
hereunder to the maximum extent allowed by law.
F. TVCVB shall secure from a good and responsible company or companies
doing insurance business in the State of California, pay for and maintain in full force and
effect for the duration of this Agreement a policy of comprehensive automobile and
workers' compensation and employees' Liability Insurance in which the City of Temecula
is the named insured or is named as an additional insured with the TVCVB and shall
furnish a Certificate of Liability Insurance to the City of Temecula. Notwithstanding any
inconsistent statement in the policy or any subsequent endorsement attached thereto,
the protection offered by the policy shall;
1. Include the City of Temecula as the insured or named as an additional
insured covering the services to be performed under this Agreement against all claims
arising out of, or in connection with, the Agreement.
2. Include the City of Temecula, its officers, employees and agents while
acting within the scope of their duties under this Agreement against all claims arising out
of, or in connection with, the Agreement.
3. Provide the following minimum limits:
A. General Liability: $1,000,000 combined single limit per
occurrence for bodily injury, personal injury and property
damage.
B. Automobile Liability: $1,000,000 combined single limit per
accident for bodily injury and property damage.
C. Workers' Compensation and Employers Liability: Workers'
Compensation limits as required by the Labor Code of the
State of California and Employers' Liability limits of
$1,000,000 per accident.
4. The insurer shall agree to waive all rights of subrogation against the
Agency, its officers, officials, employees and volunteers for losses arising from work
performed by the Contractor for the City.
5. Each insurance policy required by this agreement shall be endorsed to
state: should the policy be cancelled 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 cancelled 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.
7. Any deductible or self-insured retention must be declared to and
approved by the City of Temecula. At the option of the City, either the insurer shall
reduce or eliminate such deductible or self-insured retention as respects the City, its
officers, officials and employees; or the Chamber shall procure a bond guaranteeing
payment of losses and related investigation claim administration and defense expenses.
G. Should any litigation be commenced between the parties hereto
concerning the provisions of this Agreement, the prevailing party in such litigation shall
be entitled to reasonable attorney's fees, in addition any other relief to which it may be
entitled.
H. This Agreement shall be effective for the fiscal year commencing July 1,
2007, and terminating June 30,2008.
I. This Agreement may be terminated by either party upon thirty (30) days
written notice with any sums due and payable hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
TEMECULA VALLEY
CONVENTION & VISITORS
BUREAU
Chuck Washington, Mayor
Denis Ferguson
Chairman of the Board
Doug Leiber
Co-Chairman of the Board
ATTEST:
Susan W. Jones, MMC, City Clerk
Kimberly Adams
Executive Director
APPROVED AS TO FORM:
Melody Brunsting
Secretary
Peter M. Thorson, City Attorney
Katherine Bailey
Treasurer
Aoencv Information
Temecula Valley
Convention & Visitors
Bureau
26790 Ynez Court, Suite A
Temecula, CA 92591
(951) 676-5090
Attachment A
J '
TEMECULA
VALLEY
~
Convention and Visitors Bureau
Temecula Valley
Convention & Visitors Bureau
2007- 2008 City Marketing Tourism
July 1, 2007-June 30, 2008
Tourism Rack Brochure $25,000
Trade Show $ 8,000
FAM Tours $ 3,000
Ad Design/Out of Film $ 8,000
Advertising $24,500
Co-op Advertising $10,000
Rack Service $11,500
CD Rom $ 4,000
Southwest $ 15,000
Co-op Advertising Billboard $11,000
Total Tourism
$120,000
\
For the 2007-2008 Budget Period the Temecula Valley
Convention & Visitors will maintain the programs developed by
the City of Temecula.
Tourism Rack Brochures
Expense $25,000
1. Reprint tOl,Jrism rack brochures for Temecula
2. Distribute brochure through rack service in SO, Orange County, LA
County, Palm Springs. Hand out at Trade Show and in Temecula CVB
Press Kits
Trade Show
Expense $8,000
1. Participate in tourism trade shows focusing on the leisure markets
2. Efforts will be made in the San Diego and LA Markets (at6tend Lad Travel
Show and SO Travel Show)
FAM Tours
Expense $ 3,000
1. Develop and support FAM tours for Media, Meeting Planners, Tour and
Trade.
2. Partner with the community to establish itinerary for hotels, restaurants,
wineries, golf, ballooning and old town
Ad Design/Out of Film
Expense $ 8,000
1. Re-Design City ads to meet layout specifications
Advertising
Expense $24,500 Co-op Advertising Expense $10,000
1. Pursue media co-operative advertising buys with other area organization
and tourism business, San Diego Convis, Orange County Convis, Inland
Empire, and the Temecula Valley Wine Growers Association to leverage
Temecula's advertising budget
2. Place ads in tourism industry trade publications, guide books, magazines
and special selections, and internet
Rack Service
Expense $11,500
1. Rack service distribution throl,Jgh San Diego and Orange Counties, Palm
Springs, San Diego Corporate and Phoenix, AZ Corporate. Position
Temecula with the Temecula Valley Winegrowers rack brochure in
designated areas
CD Rom Expense $4,000
1. Update and reprint current Temecula CD
SouthWest Airlines Expense $15,000
1. Event, hotel and airline packing
Co-op Advertising Billboard Expense $ 11,000
1. Event, hotel market
Total Tourism Marketing $120.000
Ii
-
I.
ITEM NO.1 0
I
I
APPROVAL
CITY ATTORNEY ~
DIRECTOR OF FINANCE_i7' _
CITY MANAGER J;:;::;--
CITY OF TEMECULA
AGENDA REPORT
TO: City Manager/City Council
FROM: Tim Thorson, Director of Information Systems
DATE: August14,2007
SUBJECT: Procurement of Panasonic Toughbook Tablet PCs
RECOMMENDATION: That the City Council authorize the purchase of ten (10) Panasonic
Toughbook Tablet PCs from GTSI Corp for the total amount of $47,771.26
DISCUSSION: Four years ago the City's Field Inspectors and Fire Department implemented
wireless technologies with live database access for permit and mapping applications. These
devices were integrated into field inspector and emergency fire response vehicles. All these
vehicles have tablet computers with Accela Wireless and digital mapping capabilities and the ability
to access pre-plan/floor plan images stored within the computer.
In order to adhere to the City's mobile computer inventory amortization schedules, this procurement
of ten tablet computers will be replacing older systems in order to stagger the rate of replacement
and ensure that new equipment is entered into field/emergency vehicles on a consistent basis.
Panasonic Tablet PCs are available on a US Communities approved agreement. The competitively
quoted price is provided by an authorized US Communities contractor. Under this agreement it
would be within the City's discretion to take advantage of the pricing on another governmental entity
contract. The contract is made available for use by State of California agencies and any city, county,
or local governmental agency empowered to expend public funds. Therefore, this purchase is
exempt from competitive bidding requirements. Staff's research has determined that the US
Communities price is the most competitive. Also, it has been determined that the US Communities
program is consistent with the City's procurement policies and regulations and that it is used by
many cities as an industry standard.
FISCAL IMPACT: Adequate funds were appropriated in the 2007-08 Fiscal Year Budget for the
Information Services Capital fund.
Attachment: Quote Provided by GTSI Corp.
iSf.
GTSI Corp.
Sales Quotation
3901 Stonecroft Boulevard
Chantilly, VA 20151-1010
1-800-999-GTSI
customerorders@gtsi.com
www.gtsi.com
To:
CITY OF TEMECULA
CUSTOMER #: 20068019
Reference No:
Gov!. Contract #: RQ03-605674-16A
Ship Via: GROUND
Quotation #: QUT2185418
Date: 25-JUN-2007
Sales Rep.: BRAD EDELEN
Phone: 703/502-2674
FAX: 703/222-5202
# GTSI pin Manufacturer Item Description Unit Price Quantity Extended Price
CLIN Mfgp/n Contract Vehicle WvCd
270660 PANASONIC "Intel Core Duo Processor U2400
001 1.06Ghz (Centrino) 10.4'''' XGA with
Digitizer 80GB 512MB JnteI802.11a+b+g
Dual pass through WIN XP Tablet $3,437.93 6 $20,627.56
TPM 1.2BluetoothSprint EVDO No Optical"
CF-19CDBAAVM RQ03-605674-16A
270664 PANASONIC "Intel Core Duo Processor U2400
002 1.06Ghz (Centrino) 10.4"" XGA with
Digitizer 80GB 512MB InteI802.11a+b+g
Dual pass through WIN XP Tablet
TPM1.2GPSSprint EVDO BluetoothNo $3,806.66 $15,226.64
Optical" 4
CF-19CDBCAVM RQ03-605674-16A
270172 PANASONIC Stylus Pen for CF-18/19 digitizer
003 (replacement of CF-VNP008U) 10psc in
a box $24.16 10 $241.60
CF-VNP010U RQ03-605674-16A
497-1327998 LIND
004 ELECTRONICS 12 V POWER ADAPTER F/PANASONIC TB
CF-18 CF28 CF29 $107.82 10 $1,076.20
PA 1555-655 RQ03-605674-16A
275189 PANASONIC AC ADAPTOR FOR CF-Y5/CF-19 $55.06 10 $550.60
00:
CF-AA1633AM RQ03-605674.16A
2661-2003403 SURCHARGE DISPOSAL FEE FOR COVERED ELECTRONIC
006 DEVICE WITH A $6.00 10 $60.00
CAlFEE6 RQ03-605674-16A
195003 US MODULAR 512MB Module PC2-4200 DDR2 SDRAM
007 SODIMMs for Panasonic Toughbooks 18,
29. 51, and 73 $59.89 10 $598.90
CF-WMBA5512-US RQ03-605674-16A
925-1706746 GTSI
008 INTEGRATION
SERVICES INTEGRATION AND CONFIG OF INDIVIDUAL
HARDWARE COMP $20.00 10 $200.00
NONE RQ03-605674-16A
377129 GAMBER-JOHNSON,
009 llC DUAL RF PASS THROUGH DOCKING STATION
FOR CF-19(NO INTERNAL POWER SUPPLY) $762.92 6 $4,577.52
7160-0021-02 RQ03-605674-16A
Quote Nbr QUT2185416 PaQe 1 of 2
This quotation is submitted .in confidence and contains trade secrets or confidential commercial and financial information exempt from disclosure by exemption 3 and 4 of the
Freedom of Information Act (FOIA) and the Trade Secrets Act. 5 U.S.C.A. Section 552(b)(3) and (4). 18 U.S.C.A.Section 1905.
Do not copy or distribute any portion of this quotation to others without notification to GTSI Corp. pursuant to executive o~~er 12600.
is(
GTSI Corp.
Sales Quotation
3901 Stonecroft Boulevard
Chantilly, VA 20151-1010
1-800-999-GTSI
customerorders@gtsi.com
www.gtsi.com
SHIP-IO-INFORMATION
TEMECULA, CA - 92590
TAX:
$43,161.02
$4;610.24
$47,771.26
SUBTOTALS:
United States
TOTAL :
******
ATTENTION CONTRACTING ******
Unless otherwise specified within this quote or agreed to by GTSlln writing, full payment for order Is due within 30 days of receipt of equipment or services.
*************
* The prices in this quote are valid for 30 calendar days following the Quotation date.
* This quote is only valid in its entirety and POs placed for partial items in a quote may be rejected.
* All orders are subject to availability.
* Any quotes containing items with GTSI Part Numbers SKU TBD or 000-000 are considered budgetary quotes with estimated prices, which are not binding. Please
contact your GTSI Sales Representative for an updated and final quote before placing an order.
* Unless otherwise stated, pricing shown for maintenance/support requires payment in full within 30 days of the GTSI invoice date.
* All orders are subject to GTSI Return Policy:http:/~.g~l.comlselVlces/returnpollcy.aspx
* Electronic and information technology (EiT) listed on this quotation shall be capable, at the time of its delivery, when used in accordance with the contractor's
associated documents, and other written information provided to the government. of providing comparable access to Individuals with disabilities consistent with the
terms and conditions applicable to this contract at the time of award, provided that any assistive technologies used with the listed EIT properly interoperates with
it and other asslstlve technologies.
,
ACH or Electronic Funds Transfer (EFT)
Payment by Check
SUNTRUST BANK
Baltimore. MD
ABNROUTING #061000104
ACCOUNT # :202969894
GTSI Corp.
P.O. Box 79296
For questions related to ACH
enrollment or EFT, please
contact Del-Spade
By FAX 703/222-5215
By Email deJ.spade@gtsi.com
Baltimore, MD ~ 21279-0296
Please reference the following on your purchase order:
Quote# QUT2185418
Contract # RQ03-605674-16A
Payment Terms: NET 30 DAYS
(Pending Credit ApprovaJ)
Duns#: 10793-9357
Tax ID #: 54-1248422
CAGE Code: 8Y261
Quote Nbr QUT2185418 PaQe2 of 2
This quotation is submitted in confidence and contains trade secrets or confidential commercial and financial information exempt from disclosure by exemption 3 and 4 of the
Freedom of Information Act (FOIA) and the Trade Secrets Act. 5 U.S.C.A. Section 552(b)(3) and (4). 18 U.S.CASection 1905.
06 not copy or distribute any portion of this quotation to others without notification to GTSI Corp. pursuant to executive orper 12600.
Ii
-
I.
ITEM NO. 11
I
I
Approvals
City Attorney
Director of Finance
City Manager
~r-
~
CJo.--
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Tim Thorson, Director of Information Systems
DATE:
August 14, 2007
SUBJECT:
Procurement of Computerized Maintenance Management Software
RECOMMENDATION: That the City Council:
1. Approve the purchase of a Computerized Maintenance Management System
(CMMS) in agreement with GBA Masters, Inc. in the amount of $53,895.00.
2. Allocate a 10% contingency in the amount of $5,389.50.
BACKGROUND: The City uses a myriad of databases and spreadsheets to document
preventative maintenance activities and to track maintenance work orders submitted by Citizens
and City Staff. The disparate systems do not meet the department's needs for an efficient method
for scheduling and tracking maintenance resources. The City recently completed a Request for
Qualification (RFQ) for the purpose of selecting the most qualified vendor to provide an enterprise
application that can automate the service order request and maintenance management processes
across multiple departments. A total of four proposals were received and reviewed. The vendor
submittals are included in the following matrix:
Vendor Name Cost Rating System Name
( 1 = Lowest)
GBA Masters, Inc. 1 GBA Masters
Weston Solutions, Inc. 3 Cityworks
Carteqraph 2 Cartegraph
eCIFM 4 ririga
DISCUSSION: A Computerized Maintenance Management Subcommittee was formed and
received vendor presentations and reviewed the RFQ submittals. The G BA Masters product was
ultimately selected because of its module based architecture that enabled unique functions for
facility and traffic systems maintenance as well as a web based module for Citizen service request
tracking. The application is based on the Microsoft SQL database standard which is used by the
City's IS Division, which supports existing City software and employee skill sets.
FISCAL IMPACT: Adequate funds are appropriated in the 2007-08 Fiscal Year Budget from the
Information Systems Capital fund.
Attachment: Software Purchase Agreement
SOFTWARE INSTALLATION, LICENSING AND MAINTENANCE AGREEMENT
BETWEEN
GBA Master Series Inc. AND THE CITY OF TEMECULA
THIS AGREEMENT is made and effective as of August 14, 2007, between the
City of Temecula, a municipal corporation ("City") and GBA Master Series, Inc. (gbaMS) .
In consideration of the mutual covenants and conditions set forth herein, the
parties agree as follows:
1. TERM. The effective date of this Agreement shall be August 14, 2007,
and, with respect to deliverables to be provided and software installation and training, this
Agreement shall remain and continue in effect until all deliverables have been received and all
installation and training services have been completed to City's reasonable satisfaction, but no
later than August 14, 2010, unless sooner terminated pursuant to the provisions of this
Agreement. The term of any software licenses purchased hereunder by the City, as identified
in the Software Cost Quotation, Exhibit D hereto, and as conveyed pursuant to the document
entitled Software License Agreement, Exhibit E hereto, and further including any third party
software provided by Vendor, shall be perpetual so long as City complies with all license terms
and conditions including full payment of all fees associated with purchase of the software
licenses. The term of software maintenance and support, as reflected in Exhibit C hereto, shall
be as set forth in said Exhibit provided, however, that the term of the Software Support and
Maintenance obligations contained in Exhibit C shall not commence until expiration of the ninety
(90) day warranty set forth in Section 6 hereof. Notwithstanding any other provision herein, the
City may terminate all or any portion of this Agreement at any time and for any reason. In such
event Vendor shall be paid for all unpaid services rendered to the date of termination, provided
Vendor is not then in breach. So long as City is not then in breach of this Agreement, City shall
be authorized to continue to utilize any or all of the Software for which license fees have been
paid.
2. SERVICES. Vendor shall perform the services and tasks described and
set forth in the Scope of Work, Exhibit A, attached hereto. Vendor's services hereunder shall
further include, but are not limited to, providing a complete, integrated municipal maintenance
management system ("the System"), which includes provision, perpetual licensing and
installation of Vendor's software ("the Software"), system analysis and functionality, reliability
and acceptance testing, hardware configuration, and training. Vendor shall complete the tasks
according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE. Vendor shall at all times faithfully, competently and to
the best of his or her ability, experience, and talent, perform all tasks described herein. Vendor
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Vendor hereunder in meeting its
obligations under this Agreement.
4. PREVAILING WAGES. If work required to be performed by the Vendor
is subject to prevailing wage laws, then pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the City Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Vendor Agreement from the Director
of the Department of Industrial Relations. These rates are on file with the City Clerk. Copies
may be obtained at cost at the City Clerk's office of Temecula. Consultant shall provide a copy
of prevailing wage rates to any staff or sub-Vendor hired, and shall pay the adopted prevailing
wage rates as a minimum. Consultant shall comply with the provisions of Sections 1773.8,
1775, 1776, 1777.5, 1777.6, and 1813 of the Labor Code. Pursuant to the provisions of 1775 of
the Labor Code, Consultant shall forfeit to the City, as a penalty, the sum of $25.00 for each
calendar day, or portion thereof, for each laborer, worker, or mechanic employed, paid less than
the stipulated prevailing rates for any work done under this Agreement, by him or by any sub
Vendor under him, in violation of the provisions of the Agreement.
5. PAYMENT.
a. Subject to the retention amount(s) specified herein, the City agrees to pay Vendor, in
accordance with the payment rates and terms and the schedule of payment as set forth in
Exhibit B, Payment Schedule, . The total payment for all of Vendor's the services required by
this Agreement, including all travel and other expenses, shall not exceed Fifty Three
Thousand Eight Hundred Ninety Five Dollars ($53,895.00), unless additional payment is
approved as provided in this Agreement. The City Manager may approve additional work up to
ten percent (10%) of the amount of the Agreement but in no event shall the total sum of the
agreement exceed sixty thousand dollars ($60,000.00) or the amount approved by City Council.
Any additional work in excess of this amount shall be approved by the City Council.
Notwithstanding any other provision of this Agreement, final payment, as specified in Exhibit "B"
hereto, shall not occur unless and until the City has finally accepted all work performed by the
Vendor. For purposes of this Agreement, including Exhibit B, the term "Final Acceptance" shall
mean that all of the components and modules of the Software and the System are performing
as an integrated system and as specified in all published documentation, and that the Vendor
has completed tests satisfactory to the City, successfully demonstrating the System's
functionality and reliability, and that the Vendor has cured any and all errors and/or malfunctions
in the Software and/or System that adversely affect functionality or reliability, or substantially
interfere with or prevent City's full and complete use of the Software as an integrated system.
Final Acceptance shall not be deemed to have occurred unless and until the System has
operated reliably for thirty (30) consecutive days after Vendor has completed all work required
by this Agreement. During said thirty (30) day period, the System must properly and fully
operate as described above and in full compliance with the Warranty. If the System fails to so
operate, then upon the City providing written notice to Vendor, Vendor shall promptly repair or
correct the problem and a new thirty (30) consecutive day reliability testing period shall
commence.
b. Vendor will submit invoices for actual services performed, when
authorized pursuant to Exhibit B. 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 Vendor's fees it shall give
written notice to Vendor within 15 days of receipt of a invoice of any disputed fees set forth on
the invoice.
6. WARRANTY.
Subject to the requirements and limitations in this section, Vendor warrants
that the Software and System will conform to the functional specifications set out in a written
System Description satisfactory to the City and made a part of, and attached to, Exhibit A, the
Scope of Work, the user documentation accompanying the Software, and Vendor's proposal for
the System, for ninety (90) days from Final Acceptance. Vendor's obligation and liability
hereunder with respect to any failure to so perform during the warranty period, will be to use
commercially reasonable efforts to remedy any malfunction, non-conformity or failure, which is
reported to Vendor in writing by City, within three (3) business days for a malfunction, non-
conformity or failure that prevents use of a substantial or critical component of the System, or
ten (10) business days for any other malfunction, non-conformity or failure, except as otherwise
agreed to by the City. In the event Vendor is unable to remedy such malfunction, non-
conformity or failure within the foregoing periods using reasonable efforts, Vendor shall refund
2
to City all paid license fees pertaining to the Software, and a pro-rata portion of any prepaid
support and maintenance fees, and this Agreement will be automatically terminated.
Disclaimer. Except as otherwise expressly stated, provided and warranted in this section 6: All
software, materials and deliverables provided by Vendor hereunder are provided "as is" and
City's use thereof is at its own risk. To the maximum extent permitted by applicable law, Vendor
does not make, and hereby disclaims, any and all other warranties or conditions, express,
implied, statutory or otherwise, including, without limitation, any and all implied warranties of
fitness for a particular purpose, merchantability, and any warranties arising from a course of
dealing, usage or trade practice. Vendor makes no warranty that any Vendor provided
software, materials or deliverables will meet City's specific requirements other than as expressly
provided herein, that use of Vendor's software will be uninterrupted, timely, secure, or error free;
nor does Vendor make any warranty as to the results that may be obtained from the use of the
software or as to the accuracy or reliability of any information obtained through the software to
the maximum extent permitted by applicable law.
7. DEFAULT OF VENDOR.
a. The Vendor's failure to comply with any of the provIsions of this
Agreement shall constitute a default. If such failure by the Vendor to make progress in the
performance of work hereunder arises due to causes beyond the Vendor's control, and without
fault or negligence of the Vendor, it shall not be considered a default.
b. If the City Manager or his delegate determines that the Vendor is in
default in the performance of any of the terms or conditions of this Agreement, the Vendor
shall be served with written notice of the default, setting forth with reasonable specificity, a
description of the basis for the claimed default. Except as provided in Section 6 with respect to
warranty claims, the Vendor shall have fourteen (14) days after service upon it of said notice in
which to cure the default by rendering satisfactory performance or providing a written correction
plan acceptable to the City. In the event that the Vendor 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.
c. At City's request, Vendor will execute a three-party escrow agreement
between the Vendor, the City and an escrow provider to be mutually agreed upon by the Vendor
and the City, whereby the Vendor will put the Software source code in a "source code escrow"
at the City's expense. The Vendor shall regularly update the source code as new versions of
the Software (not minor updates and patches) are released. The escrow shall provide that the
City shall be entitled to the source code if the Vendor files for bankruptcy, or is acquired and/or
otherwise discontinues licensing, supporting or maintaining the Software or any derivation,
modification or portion thereof.
8. RECORDS AND OWNERSHIP OF DOCUMENTS.
a. Vendor 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. Vendor 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. Vendor shall: (i) provide free access to the representatives of
City or its designees at reasonable times, not to exceed two (2) times in any calendar year,; (ii)
3
give City the right to examine and audit said books and records; (iii) shall permit City to make
transcripts there from as necessary; and (iv)
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. Except as otherwise provided herein, upon completion of, or in the event
of termination or suspension of this Agreement, without fault of City, and upon payment by City
to Vendor of all accrued fees, all original documents, designs, drawings, maps, models, work,
surveys, notes, and other documents prepared exclusively and specifically for the City, 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 Vendor.
c. Nothing in this Section is intended by the parties or will be construed to
convey ownership of copyrighted or copyrightable works, including proprietary software, owned
or controlled by Vendor prior to the effective date of this Agreement ("Pre-Existing Works"),
works created after the effective date of this Agreement for customers other than the City, or
works created for the City which are derivative of Vendor's Pre-Existing Works or are intended
to be available to other clients of Vendor.
9. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect
and hold harmless the City, its officers, officials, employees and volunteers from and against
any and all claims, demands, losses, defense costs or expenses, including payment of
reasonable attorney fees awarded, with respect to claims, liabilities and actions of any kind or
nature which may be asserted or alleged against the City, its officers, agents and/or employees,
or which may be imposed upon them for injury to or death of any person, or damage to property,
arising out of or relating to the acts or omissions of Vendor, Vendor's employees, contractors
and/or agents, excepting to the extent any such claims and liabilities arising out of the active
negligence of the City. Vendor's liability for claims pursuant to this Section shall not be limited
by any other provision of this Agreement or any Exhibit or attachment hereto.
Vendor's obligation to defend and indemnify the City as to claims of infringement
of any proprietary and/or intellectual property rights, as set forth in the Software License, Exhibit
E, shall apply to any and all software provided by Vendor pursuant to this Agreement, and shall
apply to any and all claims alleging infringement of any proprietary or intellectual property right
wherever such right is recognized.
DESPITE ANY OTHER PROVISION OF THIS AGREEMENT, INCLUDING WITHOUT
LIMITATION ANY AND AI. EXHIBITS, ATTACHM ENTS, AND AMENDMENTS:
In no event whatsoever will Vendor be liable to the City or to any other party for indirect
damages or losses (in contract or tort), including, but not limited to, damages for lost
profits, lost savings, or incidental, consequential or special damages, arising from the
City's use of the Software or System.
The aggregate liability of Vendor for all damages and liability incurred by the City in
connection with City's use of the products and services provided hereunder will be
4
limited to an amount equal to the amount paid to Vendor hereunder for such products
and services. The foregoing limitations on Vendor's aggregate liability for damages
shall not apply with respect to (i) claims, damages or liability arising out of Vendor's
gross negligence or willful misconduct; (ii) claims, damages or liability arising out of
death or injuries to third parties caused by or attributable to acts or omissions of Vendor
or any of its employees, authorized contractors or authorized agents; or (iii) claims and
liabilities for alleged infringement of proprietary or intellectual property rights.
10. INSURANCE REQUIREMENTS. Vendor shall procure and maintain for
the duration of this Agreement, including the term of any maintenance and support obligations
pursuant to Exhibit C, insurance against claims for injuries to persons or damage to property,
which may arise from or be connected with the performance of the work hereunder by the
Vendor, its agents, representatives, employees, and/or subcontractors.
a. Minimum Scooe of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form
No. CG 0001 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 Vendor 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 Vendor has no employees while performing
under this Agreement, worker's compensation insurance is not required, but Vendor shall
execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Vendor shall maintain limits no less than:
(1) General Liability: $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: $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 must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers; or the Vendor shall
procure a bond guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
5
(1) The City, its 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 Vendor; products and completed operations of the Vendor; premises owned, occupied or
used by the Vendor; or automobiles owned, leased, hired or borrowed by the Vendor. The
coverage shall contain no special limitations on the scope of protection afforded to the City, its
officers, officials, employees or volunteers.
(2) For any claims related to this project, the Vendor's insurance
coverage shall be primary insurance as respects the City, its officers, officials, employees and
volunteers. Any insurance or self-insured maintained by the City, its officers, officials,
employees or volunteers shall be excess of the Vendor's insurance and shall not contribute with
it. The amount of coverage provided in this section shall not be limited by any indemnity in this
Agreement.
(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, its
officers, officials, employees or volunteers.
(4) The Vendor'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 Contract shall be
endorsed to state: should the policy be cancelled 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 cancelled or, reduced in coverage or in
limits the Consultant shall within two (2) business days of notice from insurer phone, fax, and/or
notify the City via certified mail, return receipt requested of the changes to or cancellation of
the policy.
e. Acceotabilitv of Insurers. Insurance is to be placed with insurers with a
current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Self
insurance shall not be considered to comply with these insurance requirements.
f. Verification of Coveraae. Vendor 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 Vendor's insurer may
provide complete, certified copies of all required insurance policies, including endorsements
effecting the coverage required by these specifications.
6
11. INDEPENDENT CONTRACTOR.
a. Vendor 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 Vendor
shall at all times be under Vendor's exclusive direction and control. Neither City nor any of its
officers, employees, agents, or volunteers shall have control over the conduct of Vendor or any
of Vendor's officers, employees, or agents except as set forth in this Agreement. Vendor 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. Vendor 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 Vendor in connection with the
performance of this Agreement. Except for the fees paid to Vendor as provided in the
Agreement, City shall not pay salaries, wages, or other compensation to Vendor for performing
services hereunder for City. City shall not be liable for compensation or indemnification to
Vendor for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Vendor 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 Vendor 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 Vendor to comply with this section.
13. RELEASE OF INFORMATION.
a. All information gained by either party in performance of this Agreement
shall be considered confidential and shall not be released by such party without the other party's
prior written authorization, except as otherwise provided by law. Vendor, 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
Vendor gives City notice of such court order or subpoena.
b. Vendor shall promptly notify City should Vendor, 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 Vendor and/or be present at any deposition,
hearing or similar proceeding. Vendor agrees to cooperate fully with City and to provide City
with the opportunity to review any response to discovery requests provided by Vendor.
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
7
of the party as set forth below or at any other address as that party may later designate by
Notice. Notice shall be effective upon delivery to the addresses specified below or on the third
business day following deposit with the document delivery service or United States Mail as
provided above.
To City:
City of Temecula
Mailing Address:
P.O. Box 9033
Temecula, California 92589-9033
43200 Business Park Drive
Temecula, California 92590
Attention: City Manager
To Vendor:
GBA Master Series, Inc.
10561 Barkley
Suite 500
Overland Park, KS 66212
15. ASSIGNMENT AND SUBCONTRACTING. The Vendor shall not assign
or subcontract the performance of this Agreement, nor any part thereof, nor assign any monies
due hereunder, without prior written consent of the City. Unless specifically amended, modified,
or supplemented by this document, upon assignment agreed to by the City, all terms and
conditions of prior written agreements between the parties shall remain unchanged and in full
force and effect. Notwithstanding the foregoing, Vendor may assign its interests in this
Agreement for purposes of financing.
16. LICENSES. At all times during the term of this Agreement, Vendor shall
have in full force and effect, all licenses, permits and any and all other governmental or
proprietary approvals required of it by law for the performance of the services described in this
Agreement.
17. GOVERNING LAW. The City and Vendor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Agreement and also govern the interpretation of this Agreement. Any litigation
concerning this Agreement shall take place in the municipal, superior, or federal district court
with geographic jurisdiction over the City of Temecula.
18. PROHIBITED INTEREST., No officer, or employee of the City of
Temecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds
thereof, the Vendor, or Vendor's subcontractors for this project, during his/her tenure or for one
year thereafter. The Vendor hereby warrants and represents to the City that no officer or
employee of the City of Temecula has any interest, whether contractual, non-contractual,
financial or otherwise, in this transaction, or in the business of the Vendor or Vendor's
subcontractors on this project. Vendor 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. DOCUMENTS COMPRISING THIS AGREEMENT. The parties agree
that this Agreement consists of this document entitled "Software Installation, Licensing and
Maintenance Agreement", attached Exhibits A, B, C, D and E, all of which are hereby
incorporated by reference as part of this Agreement. Both parties understand and agree that
8
although some or all of said attachments may each be designated or entitled "agreement", they
need not be signed and are attached solely for the convenience of the parties and are not
intended to constitute any form of separate agreement. It is further agreed, however, that
said attachments do contain additional terms specific to the general substance of the
attachment (e.g., software licensing, maintenance, etc.), and shall supplement, where the
context permits, provisions of this Agreement. In all cases, the provisions of this Agreement
shall govern over any inconsistent provisions contained in any Attachment.
This Agreement, as defined above, constitutes the entire agreement between the parties with
respect to the subject matter expressly stated herein, and supersedes all prior and
contemporaneous agreements, whether written or oral. No representation or promise, whether
express or implied, verbal or written, that is not set forth herein shall be binding or of any force
or effect.
20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons
executing this Agreement on behalf of Vendor warrants and represents that he or she has the
authority to execute this Agreement on behalf of the Vendor and has the authority to bind
Vendor to the performance of its obligations hereunder.
21. ATTORNEYS FEES. The prevailing party in any action for breach of this
Agreement, or to enforce any provision hereof, shall be entitled to recover its reasonable
attorneys' fee, experts' costs, and all other costs of suit.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
GBA Master Series, Inc
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, CMC
City Clerk
(two corporate signatures required)
Approved As to Form:
Peter M. Thorson, City Attorney
9
10
TEMECULA SCOPE OF WORK
EXHIBIT A
Phase 1 - Kick Off Workshop
Resources: Temecula IS, Business Users, and GBA Master Series, Inc. (gbaMS)
Objectives:
D Project Plan Development
D Software Functionality Overview
D Hardware Requirement Review
D Temecula Reviews Current Process Flow Diagrams
Phase 2 - Systems Analysis
Resources: Temecula IS and Business Users
Objectives:
D Map Future Process Flows
Phase 3 - Hardware Configuration
Resources: Temecula IS
Objectives:
D Server Configuration
Phase 4 - Installation and Configuration
Resources: Temecula IS and gbaMS
Objectives:
D Database Installation
D Server Side Software Installation
D Client Side Installation On One Machine (Test *.msiPush)
D Configure Application
Phase 5 - Training
Resources: Temecula IS and gbaMS
Objectives:
D System Administration Training
11
PAYMENT SCHEDULE
EXHIBIT B
Payment Schedule
I Payment
Number
I
I
I
Schedule
1
Upon execution of
the Agreement
Upon completion of
installation
Upon Final
Acceptance
2
3
Amount
Description
$26947.50
50% payment
$13473.75
25% payment
$13473.75
Remaining 25%
12
EXHIBIT "C"
Software Support and Maintenance Provisions
Under this Agreement gbaMS will provide technical support and software
maintenance services, at the level described below, for a period of one (1) year
following installation of the programs.
GBA Work Master@
GBA Request Manager™
GBA Sign Master™
GBA Signal Master™
GBA Facility Master™
5
Site
1
2
2
$16,800.00
$10,000.00
$3,000.00
$5,400.00
$5,400.00
$3,360.00
$2,000.00
$600.00
$1,080.00
$1,080.00
$8,120.00
Total - Support & Maintenance Fees.
'The annual fee for a given program is twenty percent (20%) of the software license fee.
Support and maintenance services are renewable annually by mutual agreement.
The CLIENT shall remit payments to gbaMS for technical support and software
maintenance services as per the following schedule:
D The term of the initial year Annual Support & Maintenance Package Cost will
commence upon expiration of ninety (90) day warranty set forth in Section 6
hereof.
D The Annual Support & Maintenance Package Cost will subsequently be
invoiced annually, approximately sixty (60) days prior to the Support
Package's expiration date.
The support and maintenance services to be provided for the products
summarized in the attached exhibit titled "TECHNICAL SUPPORT AND
SERVICES".
Page lof2
EXHIBIT "c"
Software Support and Maintenance Provisions
TECHNICAL SUPPORT AND SERVICES ~ gbaMS
Technical Support and Software Maintenance Services
Clients Only Web site
Users have 2417/365 access to OLJ Help Desk support resources
through the "Clients Only" section of our Web site
(www.gbaMS.com). In addition to servlng as a portal by which
clients can submit requests and track their resolution status, the
Clients Only Web site provides a knowledge base, software
downloads, discussion boards, FAQs, user group information and
more.
Tolf-free Telephone Support
gbaMS support staff is available to respond to inQJiries Monday
through Friday (i.e., business days) from 8;00 a.m. to 5:00 p.m.,
Central Standard Time.
Web Support Technology
We are abLe to provide the highest level of software support via
the Web. This technology (WebEx) enabtes us to "see" your
computer, allowing us to troubleshoot the problem in your
environment and easily deliver a solution. In addition, this
technology provides additional training capabilities for new
users, refresher courses, etc.
User Conferences
Subscribers to our Annual Support & Maintenance (ASMJ Program
receive discounted fees to our Annual Conference & Training
(ACT) event. The ACT provides you wi th an ideal place to
complete training courses, network with co-users, work with Oll'"
staff and explore additional resources we may have to offer.
Software Patches
We continually refine our applications. from problem resolution
to minor enhancements, we always strive to strengthen the
software. As an ASM subscriber, you wiU be provided with these
patches for the supported program(s) as they become available.
Software Upgrades I New Releases
We are constantly improving aU of our products. We incorporate
new functionality and new tools to help you get the roost out of
the GBA Master S~iE'S@ software. This Program ~ovides you
with upgrades (new releases) of the support program(s) as they
become avai lable.
Documentation and Help Tutorials
Electronic Help Manuals
Users can access a database of help through the Electronic Help
Manuals within GBA Masrer Series applications. These how-to
guides give users an overview of applications, modules. functions
and features. Users can search for information by table of
contents. index or search.
Release Notes
With every new software release, gbaMS provides a list of new
additions. Release notes explain how the software has changed,
including added functions and features or corrected software
issues.
Tutorial Videos
To illustrate the software functionality in a visual format, the
Clients Only Web site has a tutorial Library of downloadable
Webex videos. The tutorial videos can be used to train new
personnel how the software works or teach seasoned users new
tricks.
inVision e-Newsletter
Our newsletter is distributed via e-mail in an online format,
allowing us to provide a wealth of information in a timely
manner. The inVision newsletter is distributed to keep users up-
to.date on software news (new releases. software patches, etc.),
industry happenings and additional resources.
Page 2 of2
July 19, 2007 4gbi
City ofTemecula,CA
JessicaRoss SOFTWARE COSl
(SQL Server Datab:
Quote #
Product Unit Costs
GBA Work Master $4000 for the 1 st seat ($3200 ea. Add'l seat)
GBA Request Master $10,000
GBA Sign Master $3000 for the 1 st ($2400 ea. Add'/)
GBA Signal Master $3000 for the 1 st ($2400 ea. Add'/)
GBA Facility Master $3000 for the 1 st ($2400 ea. Add'/)
Discount - GBA
L
Annual Support & Main!. Package (20% of Subtotal)
Services Unit Costs
Kick-off Workshop and Installation $1,500 per day
Configuration $1,500 per day
System Administration Training $1,500 per day
Project Management3 I Lump sum
Subtotal c
Estimated Direct Expenses2 Unit Costs
Air Travel $450 per trip
Onsite Expenses $250 per day
Subtotal of E
L
Annual Support/Mainte
E
T
vides for unlimited seats.
ts only and will be billed at actual.
~Projecl
nagemE
j<:;;'J
I
7MS
[
r QUOTATION
~sePlatform)
81917 - R
Quantity Cost
5 $16,800
Site1 $10,000
1 $3,000
2 $5,400
2 $5,400
Subtotal $40,600
Request Master -$10,000
Icense Fee Total $30,600
$8,120
Total1 $38,720
Quantity
1
3
3
1
1'1 Training Fees1
Cost
$1,500
$4,500
$4,500
$1,575
$12,075
Quantity Cost
3 $1.350
7 $1,750
stimated Directs $3,100
Icense Fee Total
nance Fee Total
Services
:stimated Directs
lotallntial Cost1
$30,600
$8,120
$12,075
$3,100
$53,895
Note: Recommended training days are estimates only. GBA Master Series vvill work with each prospective client
individually to determine actual training days necessary for their specific needs.
Purchase Terms (as applicable)
1. Above quoted prices are good for sixty (60) days from date of quote.
2.
^h""o
3.
^h"""
4. GBA
GIS
Manaae
5.
Invoice
terms
6. Shipping and Handling is included.
7.
Product
that are
Unless otherwise noted all
rams are re istered trademarks of GBA Master Series Inc.
Please address questions nd concerns to:
GBA M ster Series, Inc.
c/o AI ison Tuttle, P.E.
10561 arkley, Suite 500
Overlan Park, KS 66212
(800)492-2468
Fax: (913) 341-3128
IMPORT ANT - READ CARE FULL Y BEFORE INSTALLATION
GBA Alaster Series@ Software License Agreement
This software is subject to acceptance of the GBA Master Series, Inc.
(gbaMS) license agreement. gbaMS is willing to license the enclosed
software to you only upon the condition that you accept all of the terms and
conditions contained in the gbaMS license agreement. If you do not agree
with the tenns and conditions as stated, please rerum the lll10pened media
package, the disks, and all accompanying printed materials to gbaMS, its
distributor, or reseller for a full reflll1d of the license fees.
T:m:: h+REEl:v1ENT (,~4greemenf') is between GBA Master Series, Inc., a
Kansas corporation with its principal place of business at 10561 Barkley,
Suite 500, Overland Park, KS 66212 ("gbaMS'), and Ikensee with its
software programs accessing databases residing at IkensedSite.
RECITALS
WHEREA:, gbaMS owns certain software programs that are licensed as
individual program titles which are known collectively as the "GBA
~fasterSeries":
WHEREA::, Licensee would like to use, and gbaMS would like to grant
Licensee the right to use, those software programs, while protecting the
copyrights, trade secrets, confidential information, and other valuable
intellectual property they contain.
n,w, THEREF'RE, gbaMS and Licensee agree as follows:
1. DEFINITIONS.
"Program(s)" means the object code versions of the computer software
programs, databases, and related documentation.
"Seat~' means the number of concurrent users (i.e., the number of persons
using a Program at onetime) pennitted to use a Program.
"Client~' means the number of individual database setups that can be
accessed by a Program.
"Linnsed Site" means the location at which the Licensee will be pennitted
to store the databases used by the Program(s).
2. LICENSE GRANT.
(a) License. Subject to the terms and conditions ofthis Agreement, gbaMS
grants Licensee a fee-bearing nonexclusive license to use the object code
versions of the Program(s) for its internal purposes during the tenn of this
Agreement; provided, however, that (i) the number of concurrent users of
each Program, including all users authorized to use any Program( s) pursuant
to Section 2(b) below, shall not exceed the number of Seats for each such
Program, (ii) the number of individual database setups that can be accessed
by each Program shall not exceed the number of Clients for each such
Program, and (iii) the location at which the databases accessed by the
Program( s) reside shall be the Licensed Site designated herein.
(b) Sublicense. For information on granting sublicense rights, please
contact gbaMS.
(c) Limited Transfer. For information on transferring the location of the
Licensed Site, please contact gbaMS.
(d) CODving. Licensee may make only as many copies of each Program as
are necessary for Licensee to utilize the total Seats for each such Program.
(e) Future Licenses. gbaMS and Licensee may, by mutual agreement,
include furure licenses of the Program(s) lll1der this Agreement by
exchanging documents (i.e., a purchase order from Licensee and
acknowledgment from gbaMS) referencing this Agreement and the
Program(s) to be licensed. Such future Program(s) shall be included as
Program( s) lll1der this Agreement. The parties agree that such purchase
orders and acknowledgment~ shall have no effect on the terms and
conditions of this Agreement, lll1derwhich such Program(s) are licensed.
(f) Limited Grant. Except as expressly provided in this Section 2, gbaMS
grants and Licensee receives no right, title or interest in or to the Programs or
any other deliverables provided by gbaMS in connection with this
Agreement and gbaMS reserves and retains all such right, title, and interest.
3. LICENSE RESTRICTIONS.
(a) No Reverse Engineering. Licensee agrees not to disassemble, decompile,
reverse analyze, or reverse engineer the Program( s).
(b) No Modification. Licensee agrees not to modifY the Program(s).
(c) No C'oovjng. Licensee agrees not to copy the Program(s), in whole or in
part, except for a reasonable number of back-up copies, and as may be
necessary to utilize the total Seats for a given Program.
(d) No Third Partv Use. Licensee will not use the Program(s) in any manner
to provide computer services to third parties, except as may be necessary to
implement a sublicense (please call us for details).
(e) Training. Licensee will not use the Program(s) lll1til its personnel have
received sufficient training in the use of the Program(s) to generate accurate
data from the operation ofthe Program( s).
4. PROPRIETARY RIGHTS.
(a) p-h;JMS'~ PronPTiv The Program(s), in whole and in part and all copies
thereof, are and will remain the sole and exclusive property of gbaMS.
(b) T ,icemee'~ Proo.ertv. Any and all information provided by Licensee, as
well as any and all information generated by Licensee's use of the Programs
(specifically excluding Program code), shall remain the sole and exclusive
property of Licensee.
(c) Proprietary Notices. Licensee will not delete or alter any copyright,
trademark, and other proprietary rights notices of gbaMS and its licensors
appearing on the Program(s). Licensee agrees to reproduce such notices on
all copies it makes of the Program(s).
5. DELIVERY.
gbaMS will deliver the Program(s) to Licensee, or Licensee's designated
representative, within a reasonable time of execution of this Agreement by
both parties.
6. FEES AND T A:X"ES.
(a) T.i('PIl~p Fpp As consideration for the rights granted to Licensee lll1der
the Agreement set forth in Section 2 of this Agreement, Licensee shall remit
payment to gbaMS, or gbaMS's designated representative, the License Fee
within thirty (30) days of the Shipping Date. Late payment~ will be subject
to a late fee of one and one-half percent (1-1/2%)) per month or the maximum
rate pennitted by applicable law, whichever is less. gbaMS may publish
revised fee schedules from time to time, and any fees for future licenses for
the Program(s) included under this Agreement shall be detennined by
gbaMS's then-current fee schedule.
(b) Taxes. Fees due lll1der this Agreement do not include any taxes.
Licensee will be responsible for, and will promptly pay, all taxes of whatever
nature (including but not limited to sales and use taxes) resulting from or
othenvise associated with this Agreement or Licensee's receipt or use of the
Program(s), except income taxes based on gbaMS's income. In lieu of
payment of such taxes, Licensee shall provide gbaMS, or gbaMS's
designated representative, with proof of Licensee's tax exempt status.
7. WARRANTIES.
(a) Wmnntv. gbaMS warrants that during the ninety (90) days following
delivery to the Licensee:
(i) the Program(s) will be capable of performing in the manner described
in all the documentation in all material respects: and
(ii) the storage media containing the Program(s) will be free from defects
in materials and workmanship.
(b) Exc1mive Remedv. In the event that the Program(s) or storage media fail
to conform to such warranty, as Licensee's sole and exclusive remedy for
such failure gbaMS will, at its option and without charge to Licensee, repair
or replace the Program(s) or storage media or refund to Licensee the License
Fee paid, provided that the nonconforming item is returned to gbaMS within
the 90-day warranty period.
(c) Disclaimer. The Warranties provided in this Section are in lieu of all
other warranties, eXlJress and implied, including but not limited to any
implied warranties of Merchantability, and Fitness for a Particular Purpose.
(d) Year 2000 C'om1)liance "Year 2000 Compliant" means that the
Program(s), when used in accordance with its associated documentation, will
(a) initiate and operate, (b) correctly store, represent, and process dates, and
(c) not cause or result in abnormal tennination or ending, when processing
data containing dates in the year 2000 and in any preceding and following
years, provided that all third party applications that exchange date data with
the program do so properly and accurately in a form and format compatible
with the program. The Program(s) provided by gbaMS lll1der this agreement
process dates only to the extent that the Program(s) use date data provided by
the host or target operating system for date representations used in internal
processes, such as file modifications. Any Year 2000 Compliance issues
resulting from the operation of the Program(s) are therefore necessarily
subject to the Year 2000 Compliance of the relevant host or target operating
system. The preceding does not apply, however, and gbaMS does not assume
any liability for, the performance of any applications that authorized
licensees may create through use of the Program(sl, nor for any Year 2000
Compliance issues that may arise from the use of the Program(s) with any
third party products, including hardware, software or firmware. Except as
expressly provided in this Section, gbaMS makes no Year 2000 related
representations or warranties for the Program(sl, and any such warranties,
including any implied warranties, are hereby disclaimed.
8. INDElVINITY.
(a) Dutv to TndemnifV.andDefend
(i) gbaMS will defend or settle at gbaMS's own expense, any action or
other proceeding brought against Licensee to the extent that it is based on
a claim that the use of the Program( s) as licensed in this Agreement
Page 1 of 2
GBA Alaster Series™ Software License Agreement
infringes any u.s. copyright or that the Program(s) incorporates any
misappropriated trade secrets.
(ii) gbaMS will pay any and all cosh;, damages, and expenses (including
but not limited to reasonable attorneys' fees) Licensee becomes obligated
to pay in any such action or proceeding attributable to any such claim.
(iii) gbaMS will have no obligation lll1der this Section as to any action,
proceeding, or claim unless: (A) gbaMS is notified of it promptly; eEl
gbaMS has sole control of its defense and settlement; and (Cl Licensee
provides gbaMS with reasonable assistance in its defense and settlement.
(b) Inilll1ctions. If Licensee's use of any Program(s) lll1der the tenns of this
Agreement is, or in gbaMS's opinion is likely to be, enjoined due to the type
of infringement or misappropriation specified in Section 8(aHi), then gbaMS
may, at its sole option and expense, either:
(i) procure for Licensee the right to continue using such Program(s)
under the terms of this Agreement;
(ii) replace or modifY such Program(s) so that it is noninfringing and
substantially equivalent in flll1ction to the enjoined Program(s): or
(iii) if options (i) and (ii) above cannot be accomplished despite the
reasonable efforts of gbaMS, then gbaMS may both:
(A) terminate Licensee's rights and gbaMS's obligations under this
Agreement with respect to such Program(s): and
(E) refund to Licensee the unamortized portion of the License Fee paid
based upon a 5 year straight-line depreciation, such depreciation to be
deemed to have commenced on the effective date of this Agreement.
(c) Exclmive Remerlv. The foregoing are gbaMS's sole and exclusive
obligations, and Licensee's sole and exclusive remedies, with respect to
infringement or misappropriation of intellecrual property rights. gbaMS
makes no separate warranty of non infringement lll1der or in connection with
this agreement.
(d) Excentions. gbaMS will have no obligations under this Section 8 with
respect to infringement or misappropriation arising from: (i) modifications to
the Program(s) that were not made by gbaMS (whether or not authorized by
gbaMSl; (ii) Program(s) specifications or modifications requested by
Licensee; or (iii) the use of Program(s) with produch; (including but not
limited to software) not provided by gbaMS.
9. CvnHJJ-",",uALINFORlVIATION.
(a) Definition. "COIifidellJiai Jliformation" refers to: (i) the Program(s),
including but not limited to their software source code, and any related
documentation or technical or design information related to the Program(s);
(ii) the business or technical information of gbaMS, including but not limited
to any information relating to gbaMS's product plans, designs, cosh;, product
prices and names, finances, marketing plans, business opporblnities,
personnel, research, development or know-how; (iii) any information
designated by gbaMS as "confidential" or "proprietary" or which, under the
circumstances taken as a whole, would reasonably be deemed to be
confidential; and (iv) the tenns and conditions and existence of this
Agreement.
(b) "Confidential Information" will not include information that:
(i) is in or enters the public domain without Licensee's breach of this
Agreement;
(ii) Licensee receives from a third party without restriction on disclosure
and without breach ofa nondisclosure obligation; or
(iii) Licensee party develops independently, which it can prove with clear
and convincing written evidence.
(c) Confirlentiali~ Ohligatiom. Licensee agrees to take all measures
reasonably required in order to maintain the confidentiality of all
Confidential Information in its possession or control, which will in no event
be less than the measures Licensee uses to maintain the confidentiality of its
own information of equal importance.
(d) Emnlovee Confidentialitv. Procedures. Licensee agrees to inform its
employees of their confidentiality obligations regarding the Program(s) and
other gbaMS Confidential Information. Licensee further agrees to ensure
that contract employees (including temporary employees) of Licensee agree
to confidentiality obligations similar to those of this Agreement.
10. MAINTENANCE AND SUPPORT.
gbaMS and Licensee may, by mutual agreement, include the maintenance
and support services described in the software's online help for the
Program( s) lll1der this Agreement by exchanging documents (i.e., a purchase
order from Licensee and acknowledgment from gbaMS) referencing this
Agreement and the Program(s) to be included under such services. The
parties agree that such purchase orders and acknowledgment~ shall have no
effect on the tenns and conditions of this Agreement, lll1der which such
Program(s) are licensed. Maintenance and support services are provided at a
rate and for a tenn as mutually detennined by gbaMS and Licensee for the
scope of services to be provided by gbaMS for the Program(s) to be included
under such services.
11. LIl\illTATIONSOFLIABILITY.
gbaMS's total liability lll1der this Agreement will be limited to the License
Fee. Licensee agrees that, as part of the material consideration for gbaMS
licensing the Programs to Licensee herelll1der, in no event will gbaMS be
liable to Licensee or any third party lll1der this Agreement for any Special,
Incidental, or Consequential Damages, whether based on breach of contract,
tort (including negligence), product liability, or otherwise, and whether or
not gbaMS has been advised of the possibility of such damage. Input and/or
edit~ of data by means other than the gbaMS standard Program( s) interface
may result in loss of data, and/or improper operation of the Program(s). The
Licensee agrees that in no event will gbaMS be liable to Licensee or any
third party lll1der this Agreement for costs necessary to recover data and/or
restore proper operation of the Program(s) resulting from said actions.
12. TERl\iI AND TERlVIINATION.
(a) Tenn. This Agreement will continue in full force and effect perperually,
except as follows:
(b) Tennination. gbaMS will have the right to terminate this Agreement if
Licensee breaches any material term or condition of this Agreement and fails
to cure such breach within thirty (30) days of written notice from gbaMS:
(c) Effect of Termination. If this Agreement is tenninated, Licensee will
immediately terminate any sublicenses then in effect, retrieve from
sublicensees all copies of the Program(s) in sublicensees' possession, and
then rerum to gbaMS, or gbaMS's designated representative, or (at gbaMS's
request) destroy all copies of the Program(s) in its possession or control, and
an officer of Licensee will certifY to gbaMS in writing that it has done so.
(d) Survival. The provisions of Sections 4 (Proprietary Rights), 6(b) (Taxes),
7(b) and (c) (Warranties Exclusive Remedy and Disclaimer), 8(c) and (d)
(Infringement Exclusive Remedy and Exceptions), 9 (Confidential
Information), and 11 (Limitations of Liability) will survive tennination of
this Agreement for any reason.
(e) Nonexclusive Remedv. The exercise by gbaMS of any remedies lll1der
this Agreement will be without prejudice to ih; other remedies under this
Agreement or othenvise.
13. GENERAL PROVISIONS.
(a) Audit Rights. Licensee agrees to allow gbaMS, or gbaMS's designated
representative, at gbaMS's sole expense, upon reasonable written notice, and
during Licensee's ordinary business houn;, to visit the facilities in which
Licensee uses the Program(s) and review Licensee's practices with regard to
the Program(s).
(b) A~~iQ1lment. This Agreement will bind and inure to the benefit of each
party's successors and assigns, provided that Licensee may not assign this
Agreement, in whole or in part, without gbaMS's written consent.
(c) Modifications. This Agreement may only be modified, or any rights
under it waived, by a written document executed by both parties.
(d) ('onf1irtino- TplTrN, Purchase orders or similar documents relating to the
Program(s) issued by Licensee will have no effect on the terms of this
Agreement.
(e) Notices. All notices under this Agreement will be deemed given when
delivered personally or sent by U.S. certified mail, return receipt requested,
to the address sho'Ml below or as may otherwise be specified by either party
to the other in accordance with this Section.
(f) Severahility. If any provision of this Agreement is found illegal or
unenforceable, it will be enforced to the maximum ex1ent pennissible, and
the legality and enforceability of the other provisions of this Agreement will
not be affected.
(g) Waiver. No failure of either party to exercise or enforce any of its rights
under this Agreement will act as a waiver of such rights.
(h) Entire AQfeement This Agreement is the complete and exclusive
agreement between the parties with respect to the subject matter hereof.
superseding and replacing any and all prior agreements, communications,
and understandings (both written and ora!) regarding such subject matter.
No purchase orders, acknowledgments, invoices, or other documents
exchanged in the ordinary course of business shall modifY or add to the
tenns and conditions of this Agreement
(i) Choice of Law. This Agreement will be governed by and construed in
accordance with the laws of the State of Kansas .
"'-,pyright <D 21111", 'tEA Ma:;ti'f :':~ri~:;, Iw All right:; r~:;i'f1,~d
Page 2 of2
Ii
-
I.
ITEM NO. 12
I
I
Approvals
City Attorney
Director of Finance
City Manager
JM.r
fir
(kL.
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
August 14, 2007
SUBJECT:
Grant of Easement and Bill of Sale to Verizon California, Inc. Associated with the
Maintenance Facility Field Operations Center - Phase II, Project No. PW 03-06
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
David McBride, Senior Engineer - CIP
RECOMMENDATION: That the City Council approve a Grant of Easement and Bill of Sale to
operate and maintain communication facilities on the City's Maintenance Facility (APN 921-020-
078), and authorize the City Manager to execute the aforementioned documents.
BACKGROUND: On July 25, 2006, City Council awarded a construction contract for the
project and since that time the work is progressing satisfactorily. As a requirement of the new
development and a prerequisite to obtaining telephone service, Verizon California, Inc. (Verizon)
requires the developer to execute a non-exclusive Grant of Easement and Bill of Sale associated
with the physical attributes of their system on the developed property such that they are able to
operate and maintain the system.
The Grant of Easement and Bill of Sale are now standard of all new developments and as stated
previously it allows Verizon to operate and maintain their facilities on the Maintenance Facility site.
The City Attorney and Staff do not perceive a negative impact by approval of the Easement and Bill
of Sale.
FISCAL IMPACT: The recommended action has no direct fiscal impact and a negative fiscal
impact is not perceived.
ATTACHMENTS:
Grant of Easement
Bill of Sale
~
I;; '.Il";'L'
RECORDING REQUESTED BY
VERIZON CALIFORNIA INC.
WHEN RECORDED MAIL TO
VERlZON CALIFORNIA INC.
Maria A. Kidd
Analystll~ight of Way
20 I Flynn Road -- CAM38NE2
Camarillo, CA 93012 - 8058
No Considcrnlion Valli(: l.cs,'!; '11llnl $100
Nt) DC~lnenWly Troo.ifer Tax Due By
VtriZOf\! Cahfomhl Inc:urpunUtd
R\~ht of W." A~"ll
GRANT OF EASEMENT
APN 921-010-078
CITY OF TEMECULA., hereinafter referred to as GRA"."...: hereby grants to VERI7.0N CALIFORNIA INC" a
Corpomtion, hereinafter referred to as GRANTEE, its successors and assigns, a Ilon-exclusive easement and right-of-way
tor the purposes of constructing, using, ma.intaining, operating,. altering, adding to, repairing, replacing, reconstructing,
inspecting and/or removing its facilities, consisting of but not limited to: cables. wires. amplifiers, underground conduits,
manholes, handholes, pedestals, above and below ground vaulls and enclosures, concrete pads. markers and other
appurtenances, fIXtures and/or facilities (hereinafter sometimes collectively called "equipment") necessary or useful for
the tmnsmission of electric energy for communications. telecommUllications, intelligence by eledrical means and/or other
purposes on, over, in, under, a~TOSS and along that certain n.-al properly situated in the City of Tcmecula, County of
Riverside, State of California, described as follows;
A strip of land 6,00 feet in width lying within tlmt portioo of Parcel 9 of Parcel Map No. 19580 in tbc City of
Temecula, as saiq parcel is shown on the map filed in Book 154 ofl'arcel Maps, Pages 92 through 96 thereof, records
of Riverside County, State of California as depicted in Work Order 573-3POAOFF, The centerline of said strip of land
being 3,0 feet on both side of grantees installed telecommunication facilities.
Also, an easement over any areas dedicated to Riverside County for Public Utility purposes or as Public Utility
Basements.
Legal description ~,,,>,...d by Verizon California Inc. pursuant to Section 873O(c) oftlle Business and Professions Code.
The Grantor further grants to the Grantee the right to assign to another public utility as it is defined in Section 216 of the
Calilornia Public Utilities Code an easement for electrical supply systems.
THE GRANTEE, its successors and assigns and their respective agents and employees. shall have the right of ingress to
and egreas from said easemellt and every part thereof, at all times, for the purpose of exercising the rights herein granted
and shall have the right to remove such growth as may endanger or interfere with the use of said easement. Such rights
shall be reasonably exercised and the Grantee shall be liable for any damage negligently done by it to the above-described
properly.
IN "".. l''I!.SS WHEREOF said Grantor(s) ha_ ellCCuted this Instrument IlIi5....__ day of
.
20_.
RW 61-573-07
W,Q 3POAOFF
PAGE I OF2
GRANT OF EASEMENT
APN 921-020-078
GRANTOR(s):
CITY OF TEMECULA
By:
By:
Its:
Its:
ALLPURPOSECERTIF~ATE
STATEOf'
COUNTY OF
.C
On this day of
Coonty and Stale. personally _....,;d
personally known to me (or proved to me 00 Ille basis of satisfactory evidence) to be the person(s) whose name(s) islare subsalbed 10 the wilh:in
instrumen~ and acknowledged III me Illat h:eIsheIll1ey executed Ille same in h:isnlerlll1eif autllOliZed capacity[Ie5), and Illat by h:isliler/lhe~
signature{a) 00 Ille instrument Ille person(S), or ll1e entity upon behalf of whidl tile peISO/l{s) acted, llXOOlled the instrument.
2007, before me,
. a Notary Public in and for said
WITNESS my hand and official seal.
NolllrYs Signature
FOR
NOTARY
SEAl
OR
STAMP
RW 61-57J-07
W.O 3POAOFF
PAGE20F2
\......:---
\_i~
Vemoo California Ine.
BILL OF SALE
CITY OF TEMECULA. , hereinafter referred to as Grantor(s), for value received, hereby sell(s) and
convey(s) toVERlZON CALIFORNIA INC., a California Cv...u...~:oll, its SI.."~""'~v..,and assigns, all right,
title and interest to telephone property lying within that portion of Parcel 9 of Parcel Map No. 19580 in the
City ofTemecula., as said parcel is shown on the map filed in Book 154 ofl'arcel Maps, Pages 92 through. 96
thereof, records of Riverside County, Stale of California. Said telephone t'.vl'....~1 is more particularly
illustrated on Drawings Work Order Number 057J..3POAOFF 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
ahove described property: undergrowld conduits, manholes, pull boxes, pedestals and appur\(.'1lances tor the
transmission of electric energy for communication purposes.
Said Grantor(s) hereby warrant(s) alltitie and interest herein conveyed, that said, CITY OF TEMECULA.
are the owners of the telephone facilities conveyed with full right to convey, that said telephone facilities are
free of encumbrances, and that VERlZON CALIFORNIA INC., shall have quiet enjoyment of said
telephone property.
IN WITNESS WHEREOF, said Grantor(s) haslhave caused this instrument to be executed on this_._
day of , 2007.
ACCEPTED:
GRANTOR:
VERIZON CALIFORNIA INC.
CITY OF TEMECULA
BY:
Maria Kidd
AnalystlRight of Way
Its:
(Nolllly Ackllowledgmenl(S) 81ll1Ched)
RW 61-573-07
W.O. 3POAOFF
Bill of Sale
ALL PURPOSE CERTIFICATE
STATE OF
COUNTY OF
On this _ day 01
County and Slate, personally appeared
.....Jl6rso11a11y known to me (or proved to me oolhe basis of slltisfOOlOfy evfdence) to be the p6fSOII(s) whose name(s)islllre subscribed to lIle
wilhln Ins1tument and acknowledged to me 1IIathelsllefll1ey executed 1IIe same in hislheri1l1elr au1ll0lized _"";::,;l8S), and that by llIsIhllri1l1elr
slgneture(s) on the Instrument, Ihe penlOn(s), or Ihe antily upon behalf of whi<:tllhe pen;on(s) aded, executed tile: ins1tumen\.
2007, before me,
, a Nolaly Public in and for said
WITNESS my hand and official seal.
Notary'S Signature
FOR
NOTARY
SEAl.
OR
STAMP
-~
-z
~
"7 Q
O~ftl u; ~
~:g_:: lll~-l;j ~!::'"
"7' _(1,10)- _CO') ....
~~g83~*-t~~~~~~~
~ .....OUll.....,.... ~....Mq}-..--"'".....
;~g~g~g~g~8~~~g8~~
'" ii!u,,; ~
"J-
~
::l
~1
;;;j
~
~l
s:~
---1
)'
/0
Q
;;;
- ;j;
lll~..~~~ (q
1,",2'. ;::~8" !:!gj.S
~~~::: ;o~:!;b
II. --",~!:j-"''''
_::€: .0 .~'N~
,,<B.!:!u 8ggfi
"
~
..,::;J
fii/WIIE ~< F
fi1fj:~
..:
Be
~L
e;-
~
I~
~ I
'" ""0. V, t:
~-...... <;:,
~ .:r:r""1b
, _~ri'
~,~i:i~~~
_\-c:!!J-..... ~
Jet~~
7A. ..,.f H~+
!<lJ
~ -0.1" c;;
"'""'''t::.... ~
CIa .......crr'"
;t .~~!c. ...;;:~
~Il-' ""....~
,c:::a,U -
_ /_U..l="'-O'
\J ~ r .~<:Q...Z::~"""
~ c&
'-
~
<8)
"
\\- ~
~~:=j
~~~
!:"'o'
!=r<.J
~I
~H
illi
oS
8<>;8
'"
::t:'
~
"'i
"'>..(
~
~ ~ ~ .~ ~; s ~
~!;; ~ ~-==-
"..11"- ~ '-I. ~ Hl'
:J:.>t:2 ,,~'" ~'1>i.
- f~ ~,~-
;:\ o~~~:-~i'Y<
!:i ~'" ~id ~
-~d~ ~",.
a ~~-~~!~
_.: ':1
'<1 ;t:;: .......
l~~ g ~
--Ddh,-
o
..----.--> ~
"'"l
~
~
Ii
-
I.
ITEM NO. 13
I
I
Approvals
City Attorney
Director of Finance
City Manager
p..f'
?f-
~
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G. Hughes, Director of Public Works
DATE:
August 14, 2007
SUBJECT:
Purchase and Sale Agreement for retaining wall and grading easements
necessary for planned street improvements to Butterfield Stage Road.
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
Carol A. Chiodo, Property Agent
RECOMMENDATION:
That the City Council:
1. Approve Purchase and Sale Agreement between the City of Temecula and Wayne and
Joyce Jones, for the purchase of retaining wall and grading easements for the widening of
Butterfield Stage Road north of Rancho California Road at a purchase price of $218,000
plus escrow fees.
2. Authorize an advance of General Fund Reserves in the amount of $223,000 to cover the
$218,000 cost of the easements plus the associated escrow fees not to exceed $5,000.
3. Authorize the City Manager to execute the Purchase and Sale Agreement, approve and
execute any necessary documents and to take all necessary actions to complete this
acquisition, including without limitation, all escrow instructions.
BACKGROUND: On August 25 2005, the City entered into an Acquisition Agreement
with Ashby USA, LLC, the developer of the Roripaugh Ranch Development, to acquire certain
property interests for the right of way to cover off-site public improvements on Butterfield Stage
Road. This Agreement required the Developer to pay all costs accrued by the City to acquire the
necessary right of way including all legal and appraisal costs as well as the land value, severance
value and relocation costs of the acquisitions. The Butterfield Stage Road improvements are
essential road improvements for the City, which the Developer agreed to pay for as part of the
Roripaugh Ranch Development Agreement.
Pursuant to City Council Resolution No. 06-75, the City Manager approved an appraisal report and
authorized the Director of Public Works to make offers and negotiate the acquisition of the retaining
wall and grading easements for the future construction of the Butterfield Stage improvements. On
September 7, 2006, the City delivered to Wayne and Joyce Jones an offer to purchase two
easements, a permanent grading easement of approximately 11,982 square feet and a retaining
wall easement of approximately 9,333 square feet on property commonly known as 41333 Armada
Place, Temecula, and identified as Riverside County Tax Assessor's Parcel Number 943-090-016.
The negotiations have successfully concluded and the attached Purchase and Sale Agreement
describes the details of the acquisition of the required easements to construct the Butterfield Stage
Road improvements. The purchase amount, $218,000, is the amount the City Council previously
authorized.
As reported in the Temecula Public Finance Authority Releases concerning the Roripaugh Ranch
CFD Bonds, the Developer is unable at this time to fulfill its obligations under the Development
Agreement and the Acquisition Agreement to pay for the acquisition of these easements.
The advance of general funds will secure the necessary easements, in the City's name, so that the
right way is available for eventual construction of these important public road improvements.
Ultimately, the advanced general fund reserves will be reimbursed from either Roripaugh Ranch
CFD Bond proceeds or a developer of the Roripaugh Ranch. If the development fails to move
forward the City could seek to fund a project utilizing TUMF funds from WRCOG.
FISCAL IMPACT: An advance of General Fund Reserves will be required in the amount of
$223,000, $218,000 plus associated escrow fees estimated not to exceed $5,000.00. Ultimately
the advanced general fund reserves will be reimbursed from either Roripaugh Ranch CFD Bond
proceeds or a developer of the Roripaugh Ranch. The City is also exploring an accelerated
reimbursement from WRCOG using TUMF funds.
ATTACHMENTS:
Purchase and Sale Agreement
PURCHASE AND SALE AGREEMENT AND JOINT
ESCROW INSTRUCTIONS BETWEEN CITY OF
TEMECULA AND WAYNE JONES AND JOYCE J.
JONES
(GRADING AND RETAINING WALL EASEMENTS
ASSESSOR'S PARCEL NUMBER 943-090-016)
THIS PURCHASE AND SALE AGREEMENT AND JOINT S ~~
ESCROW INSTRUCTIONS ("Agreement") is dated and "u~"~,,d into as of Aprilfi:"
2007 ("Effective Date") by and between WAYNE JONES AND JOYCE J. JONES . :;l:)--C)
(collectively "Seller"), and tl1e CITY OF TEMECULA, a municipal corporation ("CifY>( ~
and constitutes botl1 an agreement to purchase and sell real property between tl1e parties W-
and tl1e parties' escrow instructions directed to First American Title Company ("Escrow (!/ItJJ
Holder"). ~
RECITALS
A. Seller is tl1e sole fee owner and residents of tl1e property commonly known as
41333 Armada Place, Temecula, and identified as Riverside County Tax Assessor's
Parcel Number 943-090-016 ("Larger Parcel"). The Larger Parcel consists of2.354 acres
and is improved by a single-family residence (tl1e "House") and a shop (the "Shop").
B. The City wishes to purchase and Seller desires to grant to tl1e City a 9,333
square foot retaining wall easement and a I 1,982 square foot grading easement (2,649
square feet net of tl1e retaining wall easement) for public purposes, namely public street
purposes and all uses necessary or convenient tl1ereto in connection with tl1e City's
proposed improvements to and widening of Butterfield Stage Road. The 9,333 square
foot retaining wall easement and tl1e 11,982 square foot grading easement (2,649 square
feet net oftl1e retaining wall easement) are referred to below collectively as "Property".
The 11,982 square foot grading easement is described more particularly in Exhibit "A"
hereto and depicted on Exhibit "B" hereto. The 9,333 square foot retaining wall
easement is described more particularly in Exhibit "C" and depicted on Exhibit "D"
hereto. Exhibits "A" tirrough "D" are incv.pv~..~"d in this Agreement by this reference.
The easements will not require tl1e removal or modification of tl1e House or tl1e Shop.
C. The Property is located in tl1e unincv~!,v.~ted area oftl1e County of Riverside.
Accordingly, the City and County of Riverside ("County") entered into a City-County
Agreement for the Widening of and Improvements to Butterfield Stage Road ("City-
Coun.ty Cooperative Agreement"), which was approved by tl1e County on June 6, 2006
and by tl1e City on July 1 I, 2006. A copy of tl1e City-County Cooperative Agreement is
on file with tl1e Temecula City Clerk's office. Streets and Highways Code Section 1810
autl10rlzes tl1e acquisition by purchase or eminent domain of property outside of a city's
boundaries in tl1e unincorporated area of a county if such acquisition is necessary to
connect or widen tl1e existing streets of tl1e acquiring city and if tl1e county consents to
tl1e acquisition. As set forth in tl1e City-County Cooperative Agreement, tl1e County
1
fiiJ r;;t n rt11;" . " .; '\ n
~ul:iUWUUJL;'J~
t", '
concurred witl1 tl1e City's proposed acquisition of the Property pursuant to Streets and
Highways Code Section 1810.
D. On May 11, 2006, tl1e City had tl1e Larger Parcel appraised at $900,000 and
tl1e Property appraised at $100,000. On September 7, 2006, the City made a written offer
to purchase the Property for $100,000. Negotiation ensued, and this Agreement resulted.
E. Seller desires to sell and tl1e City desires to buy tl1e Property on the tef1llS and
conditions set forth herein.
NOW THEREFORE, in consideration oftl1e foregoing Recitals and tef1llS
and conditions set forth below, which are incv.l'v."ted herein by this reference, tl1e
parties hereto agree as follows:
1. Purchase and Sale.
On tl1e Close of Escrow (as defined below), Seller agrees to grant the
Property to the City, and tl1e City agrees to acquire tl1e Property from Seller, on tl1e terms
and conditions set forth below.
2. Ooeninl! and Closinl! of Escrow.
Within five (5) days after the Effective Date of this Agreement, City shall
deliver a fully-executed copy of this Agreement to Escrow Holder. For purposes of this
A&"''''ment, "Opening of Escrow" shall mean tl1e date on which Escrow Holder receives a
fully executed copy of this Agreement. The "Close of Escrow" shall occur ontl1e first
business day tl1at is tl1e later of: (a) fifteen (15) days after the Effective Date of this
Agreement; or (b) fuat date on which Escrow Holder is able to issue the title policy
referred to below in Section 4, in which tl1e City's easement interest in tl1e Property is (or
shall be) free and clear of all monetary liens or encumbrances. If within 90 days Seller is
unable to deliver title as required by this Agreement, eitl1er party may terminate this
Agreement by written notice to tl1e otl1er party and to Escrow Holder. City shall not be
responsible for tl1e Property until Close of Escrow. .
3. Purchase Price and Additional Consideration.
The total Purchase Price to be paid by tl1e City for tl1e P.vl''''.;f is the sum
of$218,OOO.OO (Two Hundred Eighteen Thousand Dollars) ("Purchase Price"), which
sum shall be paid to Seller in full in cash on the Close of Escrow. No attempt has been
made to assign value to any lesser interest in tl1e Property, including any leasehold estate.
The Purchase Price, tl1erefore, is tl1e total price for tl1e Property witl10ut distinction or
separation for various interests tl1at may be held in tl1e Property. Seller shall be
responsible for any apportionment or allocation oftl1e Purchase Price if required for any
separately held interests fuat may exist. Further, tl1e total Purchase Price includes
compensation for all improvements located on tl1e Property, including, but not limited to,
trees, fencing, gates, irrigation, landscaping, and relocation of the propane tank and tl1e
propane line. The parties agree tl1a! tl1e Purchase Price is reasonable in light of all tl1e
relevant facts and circumstances.
2
4. ,Title and Title Insurance.
Upon the Opening of Escrow, Escrow Holder shall obtain and issue a title
commitment for the Property. Escrow Holder shall also request two copies each of all
instruments identified as exceptions on said title commitment. Upon receipt of the
foregoing, Escrow Holder shall deliver these instruments and the title commitment to the
City and Seller.. The City's easement interests to the Property shall be insured at the
Close of Escrow by a CLTA Owner's Standard Coverage Policy of Title Insurance in the
amount of the Purchase Price (the "Policy"). The Policy of Title Insurance provided for
pursuant to this Section shall insure the City's easement interests in the Property free and
clear of all liens, encumbrances, and restrictions, subject only to the following permitted
conditions oftitle ("Permitted Title Exceptions"):
a. Real property taxes for the then current tax fiscal year, which are a
lien not then due and payable;
b. The applicable zoning, building and development regulations of
any municipality, county, state or federal jurisdiction affecting the Property;
c. The non-monetary exceptions identified on the litigation guarantee
obtained by the City dated August 31, 2006, a copy of which is attached hereto as Exhibit
"E" and incorporated herein by this reference. The City shall not accept any non-
monetary exceptions not identified on Exhibit "E" hereto. At the Close of Escrow, the
City's interests in the Property shall be free and clear of all monetary encumbrances.
This may be accomplished by Seller's current mortgage holder subordinating its first trust
deed lien on the F.vp".;Y to the purchased easements described in Recital B and Section
5 or doing a partial reconveyance of the Property. Seller represents that the Purchase
Price is insufficient to fully satisfy Seller' scurrent mortgage holder and that a release or
subordination will require negotiation with and cooperation by said mortgage holder.
Seller will nse Seller's best efforts to obtain the release or subordination but shall have no
liability and shall not be in breach of this Agreement if such efforts are unsuccessful or
untimely. Delinquent property taxes (and penalties and interest) for previous tax years
shall be paid current through Escrow at Close of Escrow.
5. Grants of Easement.
Seller covenants and agrees to deposit with Escrow Holder prior to the
Close of Escrow two Grants of Easement duly executed and acknowledged by Seller,
granting to the City the retaining wall easement and grading wall easement comprising
the Property. The Grants of Easement shall be in a form provided by the City and shall
be approved by the City prior to recording. The easements granted shall be nonexclusive
and shall be consistent with thi~ ~eement, including but not limited to the continuing
obligations set forth in Section)3 below. . /l 1 k. ) ~
11., 7&'19) ~ u
3
6.. ,Authorization to Record Documents and Disburse Funds.
Escrow Holder is hereby autl10rized to record tl1e documents and disburse
tl1e funds and documents called for hereunder upon tl1e Close of Escrow, provided each
of tl1e following conditions has tl1en been fulfilled:
a Escrow Holder can issue in favor of tl1e City tl1e Policy, showing
tl1e City's easement interests in the retaining wall easement and grading easement
comprising tl1e Property vested in tl1e City subject only to tl1e Pennitted Title Exceptions.
Escrow Holder shall use tl1e proceeds of tl1e Purchase Price to obtain a partial
reconveyance or subordination, if necessary, of any monetary liens encumbering tl1e
.. .
areas comprising tl1eProperty, so tl1at tl1e Property shall be free and clear of monetary
liens and encumbrances at tl1e Close of Escrow. Prior to disbursing any such proceeds to
tl1e holder(s) of any monetary liens encumbering tl1e Property, Escrow Holder shall
obtain final approval from Seller regarding tl1e amount of any such proceeds.
b. City shall have deposited witl1 Escrow Holder tl1e Purchase Price
and Escrow Charges, which shall constitute City's approval or satisfaction or waiver of
all oftl1e contingencies to tl1e City's obligations hereunder, as provided for in Section 14;
and
c. Seller shall have deposited witl1 Escrow Holder tl1e Grants of
Easement reqnired by Section 5.
Unless otl1erwise instructed in writing, Escrow Holder is autl10rized to
record at tl1e Close of Escrow any instrument delivered tirrough this Es.crow if necessary
or proper for issuance oftl1e Policy, including tl1e Grants of Easement.
7. ~scrow Charges and Prorations.
The City shall pay tl1e cost of tl1e CL T A Owner's Standard Coverage
Policy of Title Insurance, the Escrow fees and Escrow Holder's customary out-of-pocket
expenses for messenger services, long distance telephone, etc. The City shall pay any
fees or costs relating to recording oftl1e Grants of Easement witl1 tl1e Recorder's Office
oftl1e County of Riverside. City shall pay any documentary or other local transfer taxes,
and any otl1er recording fees. Taxes, assessments, penalties, interest charges, and
delinquency charges of every kind levied upon or assessed against tl1e Property, e~cept as
otl1erwise expressly set fortl1 herein, shall be paid by Seller tirrough Escrow to tl1e Close
of Escrow. If tl1e Escrow shall fail to close tirrough no fault of eitl1er party or the fault of
tl1e City, tl1e City shall pay all Escrow cancellation charges.
8. License to Enter.
Seller hereby grants to tl1e City and its autl10rized agents, contractors,
consultants, assigns, attorneys, accountants and otl1er representatives an irrevocable
license to enter upon tl1e Property during regular business hours for the limited purpose of
making inspections and otl1er examinations oftl1e Property, including, but not limited to,
tl1e right to perform soil and geological tests of tl1e Property and an environmental site
4
assessment thereof. The City shall give Seller ten (10) hours' prior written notice before
going on the Property. City acknowledges that the Larger Parcel, including a portion of
the Property, is fenced and that Seller has one or more guard dogs. The City does hereby
indemnify and forever save Seller, Seller's heirs, successors and assigns, and the
Property, free and harmless from and against any and all liability, loss, damages and costs
and expenses, demands, causes of action, claims or judgments, whether or not arising
from or occurring out of any damage to the Property as a result of any accident or other
occurrence at the Property which is in any way connected with the City's inspections or
non-permanent improvements involving entrance onto the Property pursuant to this
Section. The obligation of City to indemnify under this Section shall survive Close of
Escrow or termination of Escrow.
9. Warranties and Reoresentations of Seller. .
. Seller hereby represents and/or warrants to the City the following, it being
';'''p.,;,osly understood and agreed that all such representations and/or warranties are to be
true and correct as of the Close of Escrow and shall survive the Close of Escrow:
a. Seller hereby represents to the best of Seller's knowledge that (i)
on the Close of Escrow the Property shall be free and clear of any and all hazardous or
toxic substances, materials, and waste, including, but not limited to, asbestos; (ii) the
Property is in compliance with all applicable statutes and regulations, including
enviro1l1llentai, health and safety requirements; and (iii) Seller has no notice of any
pending or threatened action or proceeding arising out of the condition of the Property or
alleged violation of enviro1l1llentai, health or safety statutes, ordinance or regulations.
b. Seller hereby V,,,,u<unS and represents that neither this Agreement
nor anything provided to be done hereunder, including the transfer of the Property to the
City, shall at Close of Escrow violate any contract, agreement or instrument to which
Seller is a party, or which affects the Property, and the sale of the Property herein
contemplated does not require the consent of any party not a signatory hereto,.other than
Seller's current mortgage holder.
c. Seller hereby warrants and represents that there are no mechanics',
materialmen's or similar claims or liens presently claimed against the Property for work
performed or commenced prior to the date of this Agreement. Seller agrees to hold the
City harmless from all costs, ';'Ap';'uses, liabilities, losses, charges, fees, including attorney
fees, arising from or relating to any such lien or any similar lien claimed against ti1e
Property and arising from work performed or commenced prior to the Close of Escrow by
or on behalf of Seller.
d. Seller hereby warrants and represents that except as disclosed in
the title commitment, there are no written or oral leases or contractual right or option to
rent, lease, purchase, or otherwise enjoy possession, rights or interest of any nature in and
to the Property or any part thereof, and no persons other than Seller has any right of
possession to the Property or any part thereof.
5
, e. Seller hereby warrants and represents tl1at Seller has no knowledge
of any pending, threatened or potential litigation, action or proceeding against Seller or
any otl1er Party before any court or administrative tribunal tl1at is in any way related to
tl1e Property; otl1er tl1an (i) tl1e Notice of Trustee Sale of Seller's current mortgage holder;
and (ii) tl1e threat of condemnation by City and/or County which is resolved by this
Agreement.
f. Seller hereby represents tl1at to tl1e best of Seller's knowledge,
Seller is tl1e sole owner of the Property, free and clear of all liens, encumbrances,
easements, encroachments from adjacent properties, or rights of way of any nature, otl1er
tl1an those tl1at may appear of record in tl1e official records of tl1e Office of tl1e Recorder,
County of Riverside.
10. Reoresentations and Warranties of City.
City hereby represents and warrants to tl1e Seller tl1e following, it being
'expressly understood and agreed tl1at all such representations and warranties are to be
true and correct as oftl1e Close of Escrow and shall survive tl1e Close of Escrow:
a. City has taken all required action to permit it to execute, deliver,
and perform its obligations under this A"'..........ent.
.b. City has tl1e power and autl10rity to executl; and deliver this
Agreement and to carry out its obligations hereunder and consummate tl1e transaction
contemplated herein.
c. City acknowledges and agrees tl1at it is experienced in acquiring,
owning, and improving properties similar to tl1e r.vp....;j, iliat City will, duringtl1e
Escrow Period, tl1oroughly inspect, test, study, review, and investigate all aspects oftl1e
Property to its full satisfaction, and iliat City acknowledges and agrees tl1at it is relying
solely tl1ereon in making its decision to acquire tl1e Property. City further acknowledges
and agrees iliat except as otl1erwise specifically stated in this Agreement, Seller is not
making and hereby specifically disclaims making any warranty, guarantee, or
representation of any kind or character, whetl1er express, implied, statutory, or arising by
operation of law, oral or written, past, present, or future, of, as to, or concerning tl1e
Property, including witl10ut limitation tl1e physical and environmental nature and
condition oftl1e Property. Further, City'hereby expressly acknowledges and agrees tl1at
upon closing, City shall assume tl1e risk tl1at adverse matters, including, witl10ut
limitation adverse physical conditions, may exist witl1 respect to the Prqperty.
11. Full Payment of Oblilmtions of City.
a. It is understood and agreed between Seller and the City tl1at tl1e
payments made to Seller as set forth in this A"'..........ent represent an all inclusive
settlement and is full and complete payment of compensation for tl1e acquisition of tl1e
interests pertaining to tl1e Property and includes and satisfies any and all otl1er payments,
if any, tl1at may be required by law to be paid to Seller arising out oftl1e acquisition of
tl1e Property and displacement of the Seller and all persons residing on tl1e Property, and
6
specifically includes, but is not limited to, just compensation for the Property, including
the improvements pertaining to the realty which include, but are norlimited to, trees,
landscaping, irrigation pipes, fencing, gates, relocation of propane tank and gas lines,
claims for.severance and other damages, attorney's fees, interest, expenses oflitigation,
expert's fees; precondemnation damages, inverse condemnation, owner participation
rights under any Redevelopment Plan, relocation assistance and/or benefits under the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42
U.S.C. 4601, et seq.), if applicable, or under Title I, Division 7, Chapter I ofthe
Government Code of the State of California (Section 7260, et seq;); and loss of business
goodwill under the Eminent Domain Law, Code of Civil Procedure Section 1263.510, or
any other damages of every kind and nature suffered or to be suffered by Seller by reason
of the City's acquisition of the easements comprising the Property or the Project for
which the City is acquiring the Property.
b. The parties acknowledge that the payment of the Purchase Price
does not satisfy damages which Seller may suffer in the future as a result of the
construction ofthe improvements to and widening of Butterfield Stage'Road by City, the
County, or their contractors or agents, or any damages Seller may sUffer in the future,
including but not limited to those resulting from: (i) the failure of the contemplated
improvements in the Property area, (ii) the failure to maintain the contemplated
improvements in the Property area, as set forth in 12. a. or (iii) the failure of the design of
the retaining wall described in Exhibit "c" and depicted on Exhibit "D" hereto. This
specifically includes, but is not limited to death, person&! injury, and structural damage to
Seller's improvements as a result ofloss oflateral support. Further, the payment ofthe
Purchase Price does not include future damages for trespass or encroachment beyond the
scope delineated. by the two easements in the course of widening and improving
Butterfield Stage Road, or the inst&1lation of the retaining wall and grading on the
r ~vt'~~~f.
12. Continuinl! Oblil!ations.
a. City represents that the app<VJ..illJ.ate 9,333 square foot area
comprising the retaining wall easement described in Exhibit "C'; hereto and depicted on
Exhibit "D" hereto will be maintained by the County pursuant to the Joint Community
. Facilities Agreement (Street Improvements) by and among County of Riverside and City
of Temecula and Temecula Public Financing Authority and Ashby USA, LLC, a
California limited liability company, dated as of November I, 2004, Relating to
Temecula Public Financing Authority Community Facilities District No. 03-02
(Roripaugh Ranch). A copy of said Joint Community Facilities Agreement is on file with
the Temecula's City Clerk's Office. From and after Close of Escrow, City agrees to
indemnify and hold Seller harmless from any and all claims and causes of action by
reason of City's acquisition, improvement, maintenance, and operation of the Property.
b. The parties further acknowledge that City and the County shall not
be responsible for maintaining the approximate 2,649 square foot area of the grading
easement described in Exhibit "A" and depicted on Exhibit "B" hereto that does not
overlap the retaining wall easement area Seller thus acknowledges that Seller may not
7
hold the City or County or their successors liable for failure of the City and/or County to
maintain this 2,649 square foot area. Seller may but is not obligated to. maintain the
2,649 square foot grading easement and shall not be liable to the City or anyone for
failure to maintain or inadequately maintaining said grading easemenL
13. Releases.
a. This A&,,,"-,uent is a voluntary agreement and Seller, on behalf of
itself and its heirs, successors and assigns, hereby fully releases the City, its officials,
counsel, employees, and agents, from all claims and causes of action by reason of any
damage which has been sustained, or may'be sustained, as a result, of the City's efforts to
. acquire the Property or any preliminary steps thereto. Seller further releases anclagrees
to hold the City harmless from any and all claims and causes of action by reason of any
leasehold interest in the P'''p",;j.
b. Seller acknowledges that it may have sustaiIwdAllIDage, loss, costs
or expenses which are presently unknown and unsuspected, and such damage, loss, costs
or expense which may have been sustained, may give rise to additional damages, loss,
costs or expenses in the future. Nevertheless, Seller hereby acknowledges that this
Agreement has been negotiated and agreed upon in light of that situation, and hereby
expressly waives any and all rights which Seller may have under California Civil Code
Se.ction 1542, or under any statute or common law or equitable principle of similar effect.
California Civil Code Section 1542 provides as follows: .
. "A general release does not extend to claims which the
Creditor does not know or suspect to exist in his favor at .
the time of executing the release, which if known by him
must have materially affected his settlement with the
debtor." ~ ~
Seller's Initials 11.(/ Gal Citv's Initials ctt...
. r P?}J?"'
c. The City acknowledges that the waiver UJ;1der Code of Civil
Procedure Section 1542 above does not extend to any damages whicllSeller !Day suffer
in the future as a result of the construction of the improvements'to and Widening of
Butterfield Stage Road by City, the County, or their contractors or agents, or any
damages Seller may suffer in the future, including but not limited to those resulting from:
(i) the. failure of the contemplated improvements in the Property area, (ii) the failure to
maintain the contemplated improvements in the Property area, or (iii) the failure of the
design of the retaining wall described in Exhibit "c" and depicted on Exhibit "D" hereto.
This specifically includes, but is not limited to death, personal injury, and structural
damage to Seller's improvements as a result ofloss oflateral support. Further, the
releases herein made do not release any claims that Seller may have (i) for trespass or
encroachment beyond the scope delineated by the two easements in the course of
widening and improving Butterfield Stage Road, or the installation of the retaining wall
and grading on the Property, or (ii) against their title company under ally policy of title
insurance.
8
d. City acknowledges that it may sustain damage, loss, costs or
expenses in connection with the acquisition of the Property which are presently unknown
and unsuspected, and such damage, loss, costs or expense which may have been
sustained, may give rise to additional damages, loss, costs or expenses in the future.
Nevertheless, City hereby acknowledges that this Agreement has been negotiated and
agreed upon in light of that situation and possibility, and hereby "Ay,,,~sly waives any
and all rights which City may have under California Civil Code Section 1542, or under
any statute or .common law or equitable principle of similar effect. California Civil Code
Section 1542 provides as follows:
"A general release does not extend to claims which the
Creditor does not know or suspect to exist in his favor at
the time of executing the release, which ifknown by him
must have materially affected his settlement with the
debtor."
City's Initials cJ.. ~~ Seller's InitialS4
e. This Section 13 shall survive the Close of Escrow.
~
'/",7
14. Citv's Continl!encies and Satisfaction.
. For the benefit of the City, the Closing of Escrow 'and the City's obligation
to consummate the acquisition of the easements comprising the Property shall be
contingent upon and subject to the occurrence of all of the following (or the City's
satisfaction thereof, it being agreed that the City's deposit of the Purchase Price with
Escrow Holder shall constitute its satisfaction of conditions 14.a. and 14.d.) on or before
the Close of Escrow:
a, That as of the Close of Escrow the ,,,y,,,~entations and warranties
of Seller contained in this AI>' ""ment are all true and correct.
b. The deposit with Escrow Holder of the Grants of Easement
pursuant to Section 5 above.
c. Escrow Holder's connnitrnent to issue in favor of the City of a
CLTA Standard Coverage Owner's Policy of Title Insurance with liability equal to the
Purchase Price showing the City's easement interests in the Property subject only to the
Permitted Title Exceptions.
d. The City's approval prior to the Close of Escrow of any
enviromnental site assessment, soils or geological reports, or other physical inspections
of the Property or the underlying real property that the City might perform prior to the
Close of Escrow.
9
15. Evidence in Court Proceedinl!.
The parties agree that the tot&! compensation amount of $218,000.00, or
the $7.21 per square foot value requested. by Seller as the land value of the Property, and
the appraised value of the larger parcel and property described in Recit&! D abo.ve shall
not be admissible as evidence of the fair market value of the Property in any eminent
domain or other court proceeding.
16. Certification ofNon-Foreil!D Status.
Seller covenants to deliver to Escrow a certification of Non-Foreign Status
in accordance with I.R.C. Section 1445, and a similar notice pursuant to California
Revenue and Taxation Code Sections 18805 and 26131, prior to the Close <;>f Escrow.
17. Default.
In the event of a breach or default under this Agreement by either the City
or Seller, the non-defaulting party shall have, in addition to all rights available at law or
equity, the right to terminate this Agreement and the Escrow for the purchase and sale of
the Property, by delivering written notice thereof to the defaulting party and to Escrow
Holder, and if the City is the non-defaulting party, the City shall thereupon promptly
receive a refund of all prior deposits, if any. Such termination of the Escrow by a non-
defaultulgpartyshall be without prejudice to the non-defaulting party's rights and .
remedies at law or equity.
18. Notices.
All notices and demands shall be given in writing by certified mail,
postage prepaid, and return receipt requested, or by personal delivery. Notices shall be
considered given upon the earlier of (a) personal delivery, (b) two (2) business days
following deposit in the United States mail, postage prepaid, certified or registered, return
receipt requested, or (c) one (I) business day following deposit with an overnight carrier
service. A copy of all notices'shall be sent to Escrow Holder. Notices shall be addressed
as provided below for the respective party. The parties agree, however, that if any party
gives notice in writing of a change of name or address to the other party, notices to such
party shall thereafter be given as demanded in that notice:
CITY:
City ofTemecula
43200 Business Park Drive
Post Office Box 9033
Temecula, California 92589-9033
Attention: Shawn Nelson, City Manager
COPY TO:
Richards, Watson & Gershon
Attention: Peter M. Thorson, City Attorney
355 South Grand Avenue
40th Floor
Los Angeles, California 90071-310 I
10
SELLER:
Wayne and Joyce J. Jones
41333 Armada Place
Temecula, California 92591
COPY TO:
Jon H. Lieberg, Esq.
Jon H. Lieberg, A Professional Law Corporation
41911 Fifth Street, Suite 300
Temecula, California 92590
Tel. No. (951) 699-6600
Fax No. (951) 699-6616
Email: jon@iinet.com
. ESCROW
HOLDER:
First American Title Company
43385 Business Park Drive, Suite 200
Temecula, CA 92590
Tel. No. (951) 296-2941
Fax No. (951) 296-2957
19. Further Instructions.
Each party agrees to execute such other and further escrow instructions as
may be necessary or proper in order to consummate the transaction contemplated by this
A51.~"J.U.ent.
20. Amendments.
Any amendments to this Agreement shall be effective only when duly
executed by the City and Seller and deposited with Escrow Holder. .
21. Miscellaneous.
a. Applicable Law. This Agreement shall be construed and'
interpreted under, and governed and enforced according to the laws of the State of
California.
b. Entire Agreement. This Agreement supersedes any prior
agreement, oral or written, and together with the Exhibits hereto and any agreements
delivered pursuant hereto, contains the entire agreement between the City and Seller on
the subject matter hereof. No subsequent agreement, representation or promise made by
either party hereto, or by or to any employee, officer, agent or representative of either
party, shall be of any effect unless it is in writing and executed by the party to be bound
thereby. No person is authorized to make, and by execution hereof Seller and the City
acknowledge that no person has made, any representation, warranty, guaranty or promise
except as set forth herein; and no agreement, statement, representation or promise made
11
by any such person who is not contained herein shall be valid or binding on Seller or the
City.
,c. Successors and Assigns. This Agreement shall be binding upon
and inure to the benefit of the heirs, executors, administrators, successors and assigns of
the parties hereto.
d. Time of Essence. The parties acknowledge that time is of the
essence in this Agreement, notwithstanding anything to the contrary in the Escrow
company's general Escrow instructions.
,e. Remedies Not Exclusive and Waivers. No remedy conferred by
any of the specific provisions of this Agreement is intended to be exclusive of any other
remedy and each and every remedy shall be cumulative and shall beiI). ad,dition to every
. oilier remedy given hereunder or now or hereafter existing at law or'in equity or by
statute or otherwise. The election of anyone or more remedies shall not constitute a
waiver of the right to pursue other available remedies.
f. Interpretation and Construction. The parties agree that each party
has reviewed this AI>'""",ent and that each have had the opportunity to have their counsel
review and revise this agreement and that any rule of construction to the effect that
ambiguities are to be resolved against the drafting party shall not apply in the
interpretation of this Agreement or any amendments or Exhibits thereto. In this
Agreement the neuter gender includes the feminine and masculine, and singular number
includes the plural, and the words "person" and "party" include corporation, partnership,
firm, trust, or association wherever the context so requires. The recit&!s and captions of
the sections and subsections of this Agreement are for convenience and reference only,
and the words contained therein shall in no way be held to explain, modify, amplify or
aid in the interpretation, construction or meaning of the provisions of this Agreement.
22. Attornevs' Fees.
If either party hereto incurs attorneys' fees in order to enforce, defend or
interpret any of the terms, provisions or conditions of this Agreement or because of a
breach of this Agreement by the other party, the prevailing party shall be entitled to
recover reasonable attorneys' fees from the other party. .
23. Assil!nment.
The City may assign its rights under this Agreement oqnl\.Y desiguate a
nominee to acquire the Property, provided, however, that any such assigmnent or
designation shall not relieve the City of any of its obligations under this A~,,,",,uent.
24. Escrow Holder Need Not Be Concerned.
Escrow Holder is not to be concerned with Sections 8, 9, 10, II, 12, and
13 hereof, and the City and Seller release Escrow Holder from liability or obligation as to
Sections 8, 9, 10, II, 12, and 13 hereof.
12
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the day and year first written above.
SELLER
f11f~~
Wa ones
Jli.~ n/l
-- ~'~
oyc . 0 C/
Approved as trfoITf!: . .
~.W~
tf~ieberg, E~q'J '
CITY OF TEMECULA, a
~T:
~j; nes, City
Chuck Washington, May<iJ
~,
Peter M. Thorsen, City Attorney
13
'.
'. I
, .
,..
.
PIp 1 of2
"l....,I,,~.J;~:,' "A"
GBADING J!:ASEMBNT
That porIicm ofP~ 2 ofPan:el Map NO 10791 IS per map recorded In Book 57, Pages 97 and
98 ofPan:eI Maps In tho oftico of1ho CowIty R.."" J" ofHld County, being a portion of
RancIIo Pauba, in the City ofTemecula, COWlty of Riverside, Stafo of CalIfornia, described IS
follows:
, CI1Ii1111C1le1ag at the centerline In;...". "':lID ofBuItedieJd SflISo Road (1 10 teet wide) and
, ~Q"itornlaRoad (110 teet wide) IS shown Oil said map;
1bonce 1II0118the ..-,4e ofButterfl.cld Stage Road, Nodh 41040'12" West 576.99 teet to the
souL"".~:...Iy prol ",\~".1,,, of the lIOlIlh.."".J, Jino ofsald Pucel2;
1bonce "OBS sald southwester1y prolonption, North 58019'48" East 55.84 teet to the most
southerly comer of said Parcel 2, said point being OD the easlllne of said Butter.field Stege Road,
said point also being the True Polat .tBl=glnn1ng;'
Th_ aIoDg,the soulheastetJy Jino of said Parcel 2, North S8019'48" East 82.56 teet to a line
puaI1el with and 1I2.S6 feet nortbeuletIy of the ellStJino of said ButteJtie1d Stage Road; ,
Thenco IeavilIg said SOUlheasterIy line lIIong said paraIIelline, North 41040'12" West I3.S0feet;
Thence North 860$ 1'36" West 38. 14 feet;
Thence North 55046'43" West 39.1JS feet;
Th_ North 49052'IS" West lSO.1J4 teet;
Thence North 19043'08" West 32.48 feet to a line para1Iel withand 35.12 leeteasterly of the east
line ofsaid Butterlield Stage Road; .
Thence along said paralIelline, North 41040'12" West 9.81 feet;
TheJ1ce North 86"24'lS" West 20.81 feet;
Thence North 56'17'28" West 20.00 feet
Thence North 33003'06" West 38.75 feettothe northerly llneofSlli<l PlIrcel2;
Thence aIo~ said nOrtherly line South 51"21'28" West 21.26 feet to the east IIDe of said
Butterfield Stage Road;
Theileealong said east line South 41040'12" Basi 327.69 feet to the True Point ofBeghmlng;
P:\A\ASHBOOO5\DGN\PLATS\waJJ\GradIas .,;" .,,,; .~doc
Exhibit " A"
. .'
t
r
.
.
All.. shown on BxIu'blt "8" auached hcrtwltb md made a part hereof.
The .bove described parcel contains 11,982 square teet (0.275 acres), morel or ~s.
ThIs reel ",.,,_,y descrlptioIlhas been., ..".,..1 byme,
or UI1CIal' lilY dfrection.1ll .. J'...,,, ,,,..co with the Professional
.' Lanci Surveyors Act.
8emlIId s. Mclnally, P.LS.
Date:
.' p:\A\ASHBOOOS\OON\1'LATS\waII\GIHlDg easement.doc
Pep 2012
.,'.
<' ,..
I,';
;',', .
, ,.
'. t
...
, I
.
EXHIBIT "B"
PAGE I OF 2
LIMITS Of GRADING,
POINT OF COMMENCEMENT
TIllJE POINT OF IlEGINNlNG
AREA: 10,5\0 S.F.
'", ,
,,\
, ,
'\
,
<9", '\,
'/''\
~" .s!
'P,(\ '\,e:'> "of. '
, ~~'\. lb.
~O......\~~~
~'\
,
U';- '\ '6\
"'9:' Ill.
O"^ '\
," "
1>/\ .~~" ......
~ ," , OW/
<::> '\ ~ ~ /'
~ ' ~\ /'
",..t{, ~ ~ O~/.
"'a'~ 'I' ~\~
, ~i', c.~.
'~~o~
~~~/.
/'
. NO. . lEMING" 'I' 0I5T ANCE
L'i NOS:i9:.i"E 615.84'
LZ fiI'5!-1f'4J!"f; i2.58'
L3 1 N41- 40'1,(1,"W , 13.50'
L4 N88-SrJ6"W 38.14'
LS ~- 4G'4J"W , 38.ell'
L6 Nie- 52'f5"w I 151i,fW
L7 fits- 43'08"W , 32,49-
La Ni,' 40!~~W"I, '9.81:
L9 ' N86- Z4';S..W ',. 2O.ar,
LtG NIl8-,7'Z8"W, j ZO.OO'
Llt IQ3-03'Oli"W, 38.75'
LIZ 551-Z1'28"W I 21.28'
,:;.
SCALII ,'''OO(
PARCELZ
PARCEL MAP NO. 10791
p.M.B. 67191-98
LE.
L....J
P.o.c.
T.I".O.8.
PREPARED BY'
.DAVID WANa
-"a.OCIAT.a-.
800 NOIlh HavIll AY8/1ue, 8IiIlI300
Onl8Ilo Callbmld1784
Ta: (lIOlI}481.e60' FAX: (l109)481ol!767
DATE, FEBRUARY 09.2005
, .,
BERNARD J.Mo~LLY,PLS 7629
EXPIRES 12/31/2006
COUNTY OF RIVERSIDE
SECTIONS 28 AND 33
nS,R2W
LIMITS OF GRADING
Exhibit "B" ,
. .
r
-
I ,
f
EXHIBIT liB"
PAGE 2 OF 2
"
MURRIETA
HOT SPRINGS
I 8I'flINGS ROAD
MURRIETA ~
~I~
allii PROJECT
TEMECULA / LOCATION
~
NOT TO SCALE
~
VICINllY MAP
N.T.S.
PREPARED E1Y:
_AVID BVANS'
ANDA88oCIATI!S INO.
800 North HawnAwnue. SUI. aoo
Ontario California 91184
TEL: (909)481-6760. FAX: (909)481..&767
COUNTY OF RIV-ERSIOE
SECTION'S 28 AND 33
. T7S. R2W
LIMITS .OF GRADING
'.
...
. ).
.. .. t ,
.!
p... 1 of2
It;J'HIBlT"A''
RETAINING WALL EASEMENT
That JI9dlop, ofParce12 ofPareel Map NO 10791 as JlOI' map MOnled III Book 57, Pages 97 and
98 of PIl'CeI Maps III tho of6co oCtile County Reeorder of 88ld ColuIty, belD8 a portion of
,'Raacho hubs, in the City ofTomecula, Co\lllty ofRivClllide, Stale of CaUfomla, describeclas
NOM:
. (lo...~at~ ..",;.:\,.IIl;~,~..I:." ofBulterfield St8geRoad (110 feetwido) and
~ CaUfomia Road (110 feet Wide) as shown on .lIid map:
TIieI1cc along tho .... ".t~ ofBuUcrlield Stage RDad, NOJth 41040'12" West 576.99 feet to the
.1, '" L" "'.;.,~.. JlIOIODptlon of1he so~L.~~_1.' line ofsaldP_12;
Thei1cealong said... ,/~, resterly prolongatiOD, North 58019'48" Bast 55.84 feet 10 the most
, sOUthmy cornerof said Parccl2, said point belag on the east line of said Bl1tteriield Stage Road.
wd point also being the True Poflat of BeglDDlDg;
Thenco a1ong,the ~....L.....:_ry line ofsaid Parcel 2, Nort1I58019'48"East 82.55 feet to a line
plIt.8IleI with 1\I1!i. ~S feet ~,...1l.... ~-1.., of the east line of 88ld Butterfield Stage Road;
Tbeneeleaviog said ... "L,.,;..!.;11ne along said parallel line, North 41040'12" West 8.04 feet;
Thenco North .86051'36" West 44.90 feet;
Thence North 55046'43" West 39.95 feel;
ThenIlO North 49052'15" West 147.48 feet;
Thence North 19043'08" West 41.07 feet to a line paraI1el withand 34.02 feet _~;.J, of the east
line of said BUtterfield Stage Road;
ThCll1Ce a1cms saidparallellin~ North 41040'12" West 5.91 feet;
Thence South 48019'48" West 34.02 feet to the east line otsaid Butterfield Stage Road;
, " '.' . . .'
Thence !IlOl18 said east line South 41040'12" Bast 254,13 feet to the True Point of BeglnDflag;
All as shown on Exhibit ''B" attached herewith and made a part bereo!
PMlASlIllOm\DON\PLAT8IwoIlIRolIlnIngwd llISeII\OIII.doc
Exhibit "c"
I
I
!
The above descn'bed parcel COJrtain.s 9,333 BqIl81'e teet (0.214 acres), more or les..
i
;
,i
"
. . .
'. .
.' .
. .
r
'IbIs reel...".. ", ,;description has been"..." "."J by me,
,or uocl<< my dIROfIon, lu conf:,,,",,, "I., with the ProfossloD81
Land Surveyors Act.
5.,....,,: 1. McID8lIy, P.L.S.
Date:
P:\AIASlIIIOOorooN\PLAT8\waU\RotaIJIlnawall_Uoc
Pap %on
..
"
J .
.
.'
.
.'
EXHIBIT "B"
PAGE 'OF 2
NO. I BEARING 1
L1 N5i";gi4Si'[
L2 "!5^"1P~1fJ"'
L3 1141: 40'11"W I
L4 I N8S" 51'J6"W I
L5 N55.46'4J"W I
L6 I N49. 5Z'15"W I
. L7 I NI9.4J'06"W/
La I N41.40'12"W
L9 I 546. 19'48"W J
DISl ANCE ,
55.84'
82.55'
8.04'
44.90'
39.95' ,
(4/.4&'
41.07'
5.97'
~4.0Z'
~ f ~
LEGf;ND
LJ
P.O.C,
T.P.O.B.
,
"
, .
,
~~ '
/"..'
....~ '
'?.(' ~
./,L>.~. "'II'
'( ,,0 of> :0-. <(1
() '. "0.
of> " (:i~
V';- ,
1'(2" ~"..
~ ,'{I.
,
..pO 'r~' S)
'9'() ," ~O~./
,~ ~\~ ,/
""......"1-)... ~O~/,/
1I(;i'~ '? ~\~: '
~~ ',c.~,
.~O~
~~G ,/
'" /
/'
SCALEr '..'00'
PARCEL 2
PARCEL MAP NO. 10791
P.M.B. 57197.tJS
LIMITS OF EASEMENT
, POINT OF COMMENCEMENT
TRUE POINT OF BEGINNING
AREA: 9,333' S.F,
PREPARED BY'
. DAVID BYANe
-A8800IAT.e,INo.
800 Nol1h Hawn Avenue, SUlI8 300
Onl8rtD Call1omi. 91784
TEL: (909)481-6760" FAX: (909)481-5767 I
DAlE. FEBRUARY 09.,2005
COUNTY OF RIVERSIDE
SECTIONS 28 AND 33
17S. R2W
RETAINING WALL
EASEMENT
BERNARD J. MoINALLY. PLS 7629"
EXPIRES 12/3112006
ExJnoit "D"
I
).
J
,\', ,
.
. ~ ....
, ,,"
.
~
...,..
,~;
,
EXHIBIT "B"
MURRIETA
HOT SPRINGS
I SI'fIlNGS ROAD
Ml.IRRIe1'A \\01 " ~~
~i
" :1
jtiS PROJECT
TEMECULA /LOCATION,
!WJFoRNrA ROAD
:-.';
',<!
PREPARED, BY'
.'
DAVID IIVAN.
-A..oOIAT.. -
800 NCllth Hawn AV8hU8, SUlW 300
,Onllllfo CalIfornia 91764
TEL: (ll08)4810671iO' FAX: (1109)481-6767
VICINllY MAP
N.T.$.
COUNTY OF RIVERSIDE
SECTIONS 28, AND 33
T7S. R2W
RET~G WAlL
EASEMENT
PAGE 2 OF 2
I
.i
,.
I,
NOT TO SCALE
~', '
"
I
j
I
!
i
I
j
'.
, '
~
1?=
rn
., -z.
- <:
.
II
-
.::0
q+
.
.'
w
."
,.," 1\.'_
" .
1...:,1
SChAu ill..B B
Litigation Guarantee
YourR.cf: 943-090~016
Order No: 602084597
Defects, 1illDS, ." _, "I~".II1CCS or other malters alfectiag title:
Part I
A ;L. ,PROl?BRTY WAXES, INCLUDING ANY ASSESSMEN'1'S COUECTBD WITIl tAXES, TO BE
LBvIBD FOR TIlE FISCAx.'tBllR 2006-2007 'J:IIAT ARE A LIEN NOT Y1!;T DuE:
c
2. TIlE LIEN OF SUPPIJ;;MENTAL OR ESCAPBIl ASSBSSMIlNTS OF PR".._n ,TAXES, IF
ANY, Ml\DB PllRSUAN'l' TO TIlE PROVISIONS OF PART 0.5, CIlAPTER 3,.5 OR PART 2,
,~'3",ARTICLES 3 AIIP 4 _..<;...~.."'LY (C~..........,.>l WITH; SECTION 15,) Of
.m ~.........; AIIP TAXATION' ,CODE C!f TIlE STATB Of CAx........-....A AS A l!llS1lHT ,Of""
, TIlE nu.......... OF TITLB :ro TIlE VIlSTEB Ni!MEO IN SCllEDULE A; OR AS A llESULT
", ',' " -" - ,-' .. ,-'-,
pF CllANGES 'IN OWIII!RSHII' OR NEW wJ.....""...uoA. OCCURRING PRI\>R TO DATE Of '
.f POLICY.
B
3. COVJ!WINTS( ,CONDITIONS AIIP RESTRICTIONS BUT Ol........'" ANY "'........hNTS OR
'RESTRICTIONS, IF ANY, BASED UPON RACE; COLOR, RELIGION, SEX, SEXUJ\L .
ORIENTATION, FAMILIAL STATl1S, IIl\RITAL STATUS, DISJlBILITY,Hl\NDICAP,
NATIONAL 'ORIGIN, ,ANCBS1'RY, OR SOURCll 01' INCOME, AS SET FORTRIN, ", ' '
APPLrCAllLE STATE OR FEDERAL LAWS, EXCEPT'l'O TIlE ""........ 'J:IIATSAID ,Cli~,
, ORRESTRiclioN ISPBll,........ BY APPLICAllLE L1t.W AS SET fORTR 'IN:r1m i,
'1lOClIME!iT ",
RECORPh"D ,
DBClll4BER 20, J.9S6 AS ~\..........lENT NO. 121048, OFFICIAL
RECORDS
F NO'1'B l. IF YOU saOllLtl llEQUEST A COPY OF TIlE DOCUMBNT RE1!ERREP TO ABOVE,
'l':1if.~~F6~A G......~~.JENT 'cODBSBC'l'ION 12956.1 bw'''''''AOS THAT A' ........:...,,~.J..
'RE"",,,,,A&or~, TITLE INSURANCE .......f,..:.:..,...~.:, ESCROW COMPANY, REAL ESTATE BROKER,
REAL IlSTATE AGENT, OR ASSOCIATION 'J:IIAT PROVIDES A COPY 01' A DIlCLP.RATION,
GO"..........,'" DOClJI.lENT, OR DSED TO ANY PERSON SHALL PL1t.CE A: COVIlR PAGE: OR
STAMP ON TIlE FIRST PAGE 01' TIlE PREVIOtJSLY llECORDBD DOCOMENT OR DOCtlMEIITS
STATING, IN AT LI!1lST 14"POINT BOLDFACJ;: TYPIl, TIlE FOLLOWING'" ,
IF TRIS DOCtlMsm CONTAINS ANY Jll!STRICTION BASED ON RACE, COLOR,!UlLIOION,
SEX, FAI>lILI1lL STATl1S, MARITAL$'l'ATus" IlISABILtTY, NATIONAL ORIGIN, OR
~ANCESTRY, THAT llES~ICrION VIOL1t.TBS STATE AND FBDERAL FAIl!, ,ilOU,S:tNQ L1t.WS
AND IS YOm, >>if> MY Bll llEMOVBD PllRStJAm' TO SECTION 12956.1 OF 1m:
"w."",..JIlNT CODE. LAWPI1L llESTRICTIONS 'ONDER STATE AND l"IlDERAL tAW oN TIlE '
, AGll OF OCct1PANTS IN SENIOR AW........ 01l.' ROUSING FOR OLDER PERil6NSSHALL 'NOT
Bll COl....."...""" AS llES1'RICTIONS BASBD ON FAMILIAL STATUS.
Q SAID COVllNANTS, CONDITIONS AND RESTRICTIONS PROVIDE 'J:IIAT A VIOI,ATION
'TlIllREOF SHALL NOT DEFllAT TllIl LIEN 01' ANY MORTGAGIl OR DllBD OF 1'RUST Ml\llll
III GOOD FAITIl AND FOR VALUE.
H AMONG OTHER TIlINGS, SAID 00............, PROVIDES:
AN BASEMENT FOR SLOPrlS
.
ll11OlI-1O"""
CLTA GUARANTEE FORM NO. 1
Issued by
CHICAGO Tl'ILB INSURANCE COMPANY
.fcADLD.Lr DE"
J'
J
Page 2
Your Ref:
Order No:
SCHEDULE B
IJtigation Guarantee
(CoDtlaucdl
943-090-016
602084597 102
r, MOD:i:FICATIONCS) OF SAm COVENANTS, CONDITIONS AND RESTRICTIONS
RECOllDED :
AUGll'ST 9, 1967 AS INSTRUMENT NO. 69542 AND '..;"'.v....;.
18, 1967 AS INSTRUMENT NO. 91738','BOTII OF OFFICIAL
RECOllDS
'\ .J'''-'',:.
4. A DPCmIENT ,_.,udD "AGENCY AGR.,.",.....'. DATED MAY 9, 19'68 :EXECIlTED 'BY
. ",'" t,',.:.. "
RANCIIOCAI;IFORNIA WATIlR DISTRICT., SUBJECT '1'0 ALL TIIll TERMS~' 'PROVISIONS AND
CONDITIONS, .=.,iCONTAINED, RECORDED AUGUST 7, 1968 'AS t~STRllMBNT NO. '
76391, OFFICIAL RECORDS. "
K..
,5. TBB, FAr:r TllAT THE OWNERSHIP OF SAID Ll\NIl DOES NOT INCLOIlE RIGllTS OF ACCESS
'1'0 OR FROM TBB STREET, OR HIGHWAY A..v.....'" SAm LAND, WCIl RIGllTS HAVING
BBEN o;,l:iY.&i!1IU:o&.I FROM SAID LAm) BY THB D....~U.,~.. .
RE....It,;,I,Al.lc.lo<:-
DECEMBER 26, 1973 AS INSTRUMENT NO. 165'9S1, OFFICIAL
RECORDS
SAm LAND
AFFECTS.
'. :L 6. AN ~~~~,.i. :FOR -THB PURPOSE SHOWN BELOW .AND RIGHTS ~...",..."'&.IAI.".I.AL -"'-AAl\Q.l.O AS
SET FORTH IN A DOCUMENT
GI,Sl\NTED '1'0,
PURPOSE:
RECORDED.
GENERAL TELBPH~ COMPANY OF CALIFORNIA
PUBLIC UTILITIES
APRIL 10, 1979 As INSTRUMENT NO. 7lj13~ OFFICIAL
RECORDS
A PORTION OF SAID LAND
AFFEr:r1;l .
K lU:...",.....U> IS Ml\DE '1'0 SAID DOCllMENT FOIl, FULL PJlRTICOLARS.
N .7" A ...............w..".. ~,.........uBD' -ROAD MA...u...~~; AGR.a.:...u::.a...... n I DATED. MARCH 18, 1983'
..'''''''"v._ BY RICBllRD L. GBRFEN AND HEATHER L. GERFEN, sUB.mCT TO JiLL,"i'JiE,
TERMS, PROVISIONS AND CONDITIONS TIlBRilIN CONTAINED, RECoRDBD MARCH 22,1983
'AS INSTRUMENT NO., 52798, OPFICIAL RECORDS. " ,,,. " "
P 8. A ROMIlSTEAD DECLARATION
BAYNE JONES AND' JOCll J. JONES
J~Y 27, 2004
JANUJ\RY :28. 2004 AS INS'l.'RUMENT NO. 04-59628, OFFICIAL
RECOllDS
IlXECIlTED BY,
DATED.
REl..v~~:
Q THE EFFECT OF AN ABANIlONMENT OF HOMESTEAD EXBClITIlD BY WAYNE JONES AND JOYCE
J. JONES, RECORDED JANUJ\RY 31, 2005 AS ..."uw,oJENT NO. 05-84495, OFFICIAL
RECORDS .
.1. ..~
".ow '..." '.:...rA GUARANTEE FORM NO. 1
IssuccI by
CHICAGO TITLE INSURANCE COMPANY
p. 3
'Your Ref:
Order No:
SCHEDULE B
litigation Guarantee
(Continued)
943-090-016
602084597 102
lID END OF PART I OF SCllBDULE B
SAID 'mSTRllMBNT CO!l'1'AINS '1'IlE INCORRBCT ""'..v......ING .",.v",IATION;
n1GBC-10/83.frc
CLTA GUARANTEE FORM NO. 1
Issued by ,
,CHICAGO TITLE INSURANCE COMPANY
;,'.
",:.,.,','.1/
";" '
',1.'
.
SCHEDULE B PART n
Litigation Guarantee
Your Ref. 943 -090-016
Order No: 602084597 K32
~n .
'loB :1. A DEED OF TRUST TO SEClllUl AN IND.."...u....sS IN THE ORIGINAL AMOUNT SHOWN
BELOW
AMOUNT :
DATED I
&.I.\.v.:.~""'~;
$786,250.00
MARCH 6, 2006
WAYNE JONES AND JOYCE J. JONES, HUSIlAND AND WIFE, AS
JOINT TENANTS
TOWN AND COUNTY TITLE SERVJ:CES. INC.
l\llG1mT MORTGAGE COMPANY. LLC
MARCH 16. 2006 lIS INSTR1lMENT NO. 187675 OFFICIAL
RECORDS
TRUSTEE :
, BllNEFICIARY:
A..Q\"......ha;.oo..,:
ORIGINAL LOAN
NUMBER:
NOT SHT OUT
AF. j'2,'. JODGMENTS, BAi.1o,;:,"^v~"''''''''CiS AND OTHER MATTERS WHICH MAY AFFECT THE TITLE
UNLESS ELIINATSIl BY PROPER ...,,"".....FICATION OF WAYNE JONES AND JOYCE JONES.
JlQ END OF PART II OF SCIlEIlUI.E B
1I1Gll2.,oo/01_
CLTA GUARANTEE FORM NO. 1
Issued by
cmCAGO TITLE INSURANCE COMPANY
Ii
-
I.
ITEM NO. 14
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
?f-
(,l{v
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G, Hughes, Director of Public Works
DATE:
August 14, 2007
SUBJECT:
Approval of the Plans and Specifications and Authorization to Solicit
Construction Bids for the Traffic Signal Installation at Rancho California Road
and Business Park Drive, West - Project No, PW07-02
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
Scott Harvey, Associate Engineer
RECOMMENDATION: That the City Council approve the plans and specifications and
authorize the Department of Public Works to solicit construction bids for the Traffic Signal
Installation at Rancho California Road and Business Park Drive, West Project No, PW07-02,
BACKGROUND: This project will be installing an eight phase traffic signal @ the
intersection of Rancho California Road & Business Park Drive, west. There will also be a flashing
beacon installed west of the intersection to alert motorists of the traffic signal when traveling east on
Rancho California Road from the De Luz area, Due to long lead times & to help expedite the project,
staff is already in the process of obtaining the poles and controller equipment for this project.
The plans and specifications have been completed and the project is ready to be advertised for
construction bids, The contract documents are available for review in the City Engineer's office, The
Engineer's Construction Estimate for this project is $225,000,00,
FISCAL IMPACT: The Traffic Signal Installation at Rancho California Road and
Business Park Drive, West - Project PW07-02 is a Capital Improvement Project funded through
Development Impact Fees - Traffic Signals, Account No, 210-165-673-5804,
ATTACHMENTS:
1, Signal Location Map
2, Project Description
"
~ \ I
)T
ell
~
'Z
~
o
~
~
~
'" _,.,,0
z """"
"
o
u.
::i
'"
o
~
o
~
"
\
5
~
~
4-
~
'Z~
-Ul
a~
'Z .
Q~
eIlQ?,
00
[~
~<
1-0.
,~~
;.;
.;:l
.~
t-'
~
.,
'2
...
'"
..~~
.~..
,~.
;1
,.~
,l::l
t
~
~
....
-g-
~
il
~
'"
1l
"
.S
~
I::l
o
'"
~
~
go
Oi
.~
'"
~
~
oil
:@
.E!
"
,S
.0
U
" '"
~~
" I::l
].9
0Il1ij
" '"
] "
:; ~
5""
,~ ~
1ij oj
,,~
o "
';pe:
5""
.~ g
>,s
~ g
"''''
Oio-
6l,t"-
.~ "
"'"
" 0
.~ ~~
~~jg
P'iijlZl
0+"."'0
(jJjg
;;.;
~
o
Iil
~
~
U
I
Z
o
....
E-<
<:
g
lZl
~
:;J
~
....
lZl
U
s
i
j1Z
~
t:
'"
.-
E
~
~;,; =
'Q
'l:l
~.@'
'- "
Q' '"
.. '"
~~
b
U
1l
~
"
,.g
OIl
"
]
~
'"
]
'"
"
IE
g
"-<
o
5
,~
()
2
1;;
I::l
o
"
""
g
6l,
.~
'"
~
"
,s
~
.E!
"
JJ'S
....:::::
o '~
~~
0: 0
~ "
,;Q"cr
;z ~
I'l<./><
ij
'"
..,....;
. :0
l ..
.~
J~
, '"
· l>..
~ Q
'" "
~'"
>-
~
u
"
,s
I
~
I::l
o
'p
oj
]
'()
]
~
~
oj
'"
"
IE
g
~
8
.~
_ 0
~ 8.
'OlrJ
~t'--
.S' ~
~
, ""
.r.:
~
U
....
"
"
.-
f
~~
~ ~
~E-<
'"
Q ~
~-a
'" e
Q Q
Uu
0000
0000
0000
If)...o....ol.ri'
\O\Ol/)t'--
~N-l.()
('.f N
Y7 Y7 Y7 Y71
0000
Mecco
""'!oooo
~ 0.... 0" 0" 0
1"""4\000\001
<:> V) t"-
M "" "" """"
,
0000
'P""loooo
'70000
= 0"'0"00
......N\ONO
<:> '" '"
M
"" "" "" ""I
0000
=88g8
'70"0"00"
O'\N\ONO
g M ~
M
€17 €A €17 &9
0000
0\0000
~ ~n~"~"gl
<:> '" '"
~€I7ft7EA-V7
0000
000000
~o"ooo
t-- If) O"Ol()"
0"," 0 Mt"--
<:> '" '"
M
"" "" "" ""I
'" "
;;'Iii
~~
<t:e
l'i
o
.~ S
~ 'p
rJ) 0:
'S 2
'S ~ l3
.a 0 Q) 0
-<uOE-<
00
00
0,0
V) v)
t"- t"-
V) V)
N'" (':i"
"" ""
'"
1
.~
Vi
"
~
E-<
...
t-
>, '"
- "
- "
oj ~
j
II
g
S'
~ ..
~ on
8 iJ ~
0.8 Ci
V) l>.. ::l
NO ~
~-
.~ fJ
....o~
~'
,~'o;
\J'C
);j 5
oljlio<
o'S
~ 8
~ g
Iio<rLJ
Ii
-
I.
ITEM NO. 15
I
I
Approvals
City Attorney
Director of Finance
City Manager
~f'"
~
ao..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G, Hughes, Director of Public Works
DATE:
August 14, 2007
SUBJECT:
First Amendment to Professional Services Agreement
Santiago Detention Basin, Project No, PW06-12
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
Steven Beswick, Associate Engineer
RECOMMENDATION:
That the City Council:
1, Approve the First Amendmentwith Kimley-Horn and Associates, Inc, to provide professional
engineering and design services for the preparation of plans, specifications and estimates
for the construction of the Santiago Detention Basin, Project No, PW06-12, for an amount
not to exceed $81 ,810,00, and authorize the Mayor to execute the amendment.
2, Authorized the City Manager to approve extra work authorizations not to exceed the
contingency amount of 10% of the amendment ($8,181,00),
BACKGROUND: On March 6, 2007, council approved the professional services
Agreement with Kimley-Horn and Associates, Inc, (KHA) in the amount of $65,525,00 to perform
Phase 1 of 2 of the design, Phase 1 included various items (Le" surveying and mapping, data
collection, hydrology and hydraulics, preliminary environmental permitting, project coordination and
report preparation), Phase 2 will complete the design for the Santiago Detention Basin and includes
final design plans, technical specifications, cost estimates, drainage easements, WQMP plan and
environmental reports, KHA will utilize Tierra Environmental for services, which include: biological,
cultural resources and jurisdictional delineation reports and "focused" surveys, KHA will provide the
remaining design work, as described in the scope of work shown in Exhibit "A" of the attached
amendment.
FISCAL IMPACT: The Santiago Detention Basin project is funded with Capital Project
Reserves, Adequate funds are available in Account No, 210-165-666-5802 for this $81,810
amendment plus the contingency amount of $8,181,00,
ATTACHMENTS:
First Amendment with Kimley-Horn and Associates, Inc,
FIRST AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA
AND
KIMLEY-HORN AND ASSOCIATES, INC.
SANTIAGO DETENTION BASIN, PHASE II
PROJECT NO. PW06.12
THIS FIRST AMENDMENT is made and entered into as of August 14, 2007 by and
between the City of Temecula, a municipal corporation ("City") and Kimley-Horn and
Associates, Inc.: ("Consultant"). In consideration of the mutual covenants and conditions set
forth herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On March 6, 2007 the City and Consultant entered into that certain
agreement entitled "City of Temecula Agreement for engineering and design services for the
preparation of plans, specifications and estimates for construction ("Agreement") in the amount
of Sixty Five Thousand Five Hundred Twenty Five Dollars and No Cents ($65,525.00).
B. The parties now desire to increase the payment for additional engineering
and design services iri the amount of Eighty One Thousand Eight Hundred Ten Dollars and
No Cents ($81,810.00) and amend the Agreement as set forth in this Amendment.
2. Section 5. A. Pavment of the Agreement is hereby amended to read as follows:
a. The City agrees to pay Consultant monthly, in accordance with the
payment rates and schedules and terms set forth and incorporated herein
by this reference as though set forth in full. The First Amendment
amount shall not exceed Eighty One Thousand Eight Hundred Ten
Dollars and No Cents ($81,810.00) for additional engineering and
design services for a total agreement amount, of One Hundred Forty
Seven Three Hundred Thirty Five Dollars and No Cents
($147,335.00).
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:\CIP\Projects\PW06-12\Agreements\Kimley Horn Amend 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
Kimley-Horn and Associates, Inc.
517 fourth Ave., Suite 301
San Diego, CA 92101
(619) 234-9411
James R. Roberts, Senior Vice President
Charles R. Spinks, P.E, Vice President
(Two Signatures Required For Corporations)
Ii
-
I.
ITEM NO. 16
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
?Jr
Go..-
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G, Hughes, Director of Public Works
DATE:
August 14, 2007
SUBJECT:
Completion and Acceptance of the Old Town Civic Center - Site Demolition and
Preparation, Food Pantry and McLaughlin Buildings, Project No, PW06-07(1A)
PREPARED BY:
Greg Butler, Deputy Director of Public Works - CIP
Bill McAteer, Project Manager - CIP
RECOMMENDATION:
That the City Council:
1, Accept the project, Old Town Civic Center - Site Demolition and Preparation, Food Pantry
and Mclaughlin Buildings, Project No, PW06-07 (1A) as complete and
2, Direct the City Clerk to file and record the Notice of Completion,
BACKGROUND: On June 27, 2006 the City Council approved the master plan for phase 1 of the
Old Town Civic Center, which among other things included the demolition of various existing
buildings within the area of the proposed Civic Center. On March 27, 2007, the City Council awarded
a contract to Haz Mat Trans Inc, for the demolition of the Food Pantry building located at 41910
Main Street and the McLaughlin building located at 41934 Main Street.
The contractor has completed the work in accordance with the approved plans and specifications
and to the satisfaction of the Director of Public Works, The final contract amount is $89,386,18
which includes the original contract amount of $85,000,00 plus Contract Change Order #1 in the
amount of $4,386,18,
FISCAL IMPACT: The project is included in the FY07-11 CIP as the Old Town Infrastructure
Projects - Relocation of Existing Structure/Demolition & Grading and is funded with RDA - bond
proceeds, The total contract cost is $ 89,386,18, which includes the contract amount of $85,000 plus
Contract Change Order No, 1 in the amount of $4,386,18,
ATTACHMENTS:
1, Notice of Completion
2, Contractor's Affidavit and Final Release
RECORDING REQUESTED BY
AND RETURN TO,
CITY CLERK
CITY OF TEMECULA
P.O. Box 9033
43200 Business Park Drive
Temecula, CA 92589-9033
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The City of Temecula is the owner of the property hereinafter described.
2. The full address of the City of Temecula is 43200 Business Park Drive, Temecula,
California 92590.
3. The Nature of Interest is a Contract which was awarded by the City of Temecula to Haz
Mat Trans, Inc., P.O. Box 5129, San Bernardino, CA 92412 to perform the following work of
improvement:
OLD TOWN INFRASTRUCTURE PROJECTS
RELOCATION OF EXISTING STRUCTURE/DEMOLITION & GRADING
PROJECT NO. PW06-07(1A)
4. Said work was completed by said company according to plans and specifications and to
the satisfaction of the Director of Public Works of the City of Temecula and that said work was
accepted by the City Council of the City of Temecula at a regular meeting thereof held on August 14,
2007.
5. The property on which said work of improvement was completed is in the City of
Temecula, County of Riverside, State of California, and is described as follows:
OLD TOWN INFRASTRUCTURE PROJECTS
RELOCATION OF EXISTING STRUCTURE/DEMOLITION & GRADING
PROJECT NO. PW06-07(1A)
6. The location of said property is: 41910 & 41934 Main Street, Temecula, California
Dated at Temecula, California, this 14th day of August, 2007
City of Temecula
Susan W. Jones MMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss
CITY OF TEMECULA
I, Susan W. Jones CMC, City Clerk of the City of Temecula, California and do hereby certify under
penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said
NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County
Recorder of Riverside by said City Council.
Dated at Temecula, California, this 14th day of August, 2007.
City of Temecula
Susan W. Jones MMC, City Clerk
R:\CIP\PROJECTS\PW06\PW06-07-1A OTCC Site Demo_Prep\Agreements Contracts\COMPlETJON NOTE-Haz Mat Demo.docHaz Milt Demo
e7/24/2eere3:13 ge9SS4S955
OT/24>2iloT 14:17 FAl 9$1 694 6(15
HAZ~1AT: TRANS
C1TY OF TEllEClILA PUB \VKS
PAGE 02
\!1M2
CITY OF TEMECULA, PUBUC WORKS DEPARTMENT
CONTRACTOR'S AFFIDAVIT AND FINAL RELEASE'
PROOECT NO. PW06-07( lA)
Old Town Civic Center-Site Demolition and P"lparilltlon
!food Pantry and Mclaughlin Buildings
This is to certify that HlIz Mat Trans, Inc. (hereinafter the "CONTRACTOR")
declares to the CIty of Temecula, under oath, tI1at heJshe/it has paid In fl,lll for all
materials, supplies, labor, services, tools, equipment, and all other bills contracted
'for by the CONTRACTOR or by any of the CONTRACTOR's agents, employees or
subcontraLtors used or In contribution'to the execution of It's contract with the City
or Temecl.lla, with regard to the demolition and site preparation of certain wol1<. of
, , Improvement known as PROJECT NO. PW06-07(lA), Old Town Civic Center-
Site Damolltion and Preparation, situated In the City of Temecula, State of
California, more partlcularlv described as follows:
Demolition of the Food Pantry Bunding, 41910 Mlin St., ttt., McLaughlin
Building, 41934 Main st. and the site preparation.
The CONTRACTOR dedares that It knows of no unpaid debts or claims ariSing
out of said ,COntract which would constitute grounds for any third party to claim a Stop
Notice against of any unpaid sums OWing to the CONTRACfOR.
Further, in l:onnection with ItIIl final payment of the Contract, the CONTRACTOR
hereby disputes the foll<:wvlng amounts:
Description
Dollar Amount to Dispute
~
" ",- ':PurSuanfto Public Contract Code ~7100, the CONTRACTOR does hereby fully rEolease
"" -, ' and rlcqOit'the City Of TemecuJa and all agenbl and employees of the Citt', and each of
, the.'Yl"frorn any and all claims, debtS, demands, or cause of action which exist or might
. 'exist. irifavoi' of the CONTAAcrOR by reason of payrMnt by the City of Temeculllofany
, eontraetamount which the CONTRACTOR has not disputed llbove, '
CONTRACTOR
By: /'~ 7+6-~
Slgnature
ffir HoJA7<<.r - A.c..:T-r. J<A.c..
Print Name and Title
Dated: -- tj - :J.. 'f--<J 'J
Ii
-
I.
ITEM NO. 17
I
I
Approvals
City Attorney
Director of Finance
City Manager
JM.f"
~
JU.-.
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
Glenn Patterson, Fire Chief
DATE:
August 14, 2007
SUBJECT:
Air Cleaning Systems Agreement
RECOMMENDATION:
That the City Council:
1, Approve an agreement with Air Cleaning Systems in the amount of $46,960,45 for a
Plymovent diesel exhaust removal system to be installed at Fire Station 73;
2, Approve 10% contingency and allow the City Manager to execute change orders
BACKGROUND: The Plymovent exhaust system is a "source capture" removal
system, This type of system connects directly to the vehicle exhaust system the entire time the
vehicle is in the apparatus bay and thereby captures 100% of the toxic diesel exhaust. Without
this system the toxic diesel exhaust is released into the air and flows into the sleeping and living
areas of the Fire Station, Fire personnel are also exposed to the exhaust any time they are in the
apparatus bay and the vehicle is started, Both NIOSH and OSHA have declared diesel exhaust
exposure a potential occupational carcinogenic hazard,
This Plymovent system isthe same equipment being installed in new Riverside County Fire
Stations and has already been installed at two new City Fire Stations 92 and 95, The Plymovent
exhaust system requires adapters be in place for the apparatus to hook up and work properly,
Buying this same system for Fire Station 73 will maintain continuity within the City stations and
will allow for all City Fire Apparatus to utilize the system at any City Station without additional
cost. The Plymovent diesel exhaust system is currently being installed at all new Fire Stations
throughout the County and existing Stations are being accessed for retrofit. By adding this
system to Fire Station 73 we are providing the same level of protection for a safer working and
living environment for all our Fire Personnel.
FISCAL IMPACT: Currently $46,960,45, plus the 10% contingency of $4,696,05, for a
total of $51 ,656,50, exists in Fiscal Year 2007/08 Fire Department operating budget for this item,
ATTACHMENTS:
Air Cleaning Systems Agreement
PURCHASE AND INSTALLATION AGREEMENT
BETWEEN CITY OF TEMECULA AND
AIR CLEANING SYSTEMS
FOR PL YMOVENT DIESEL EXHAUST REMOVAL SYSTEM
FIRE STATION 73
This Purchase and Installation Agreement ("Agreement") is made and entered into as
of August 14, 2007, by and between the City of Temecula ("City) a municipal corporation, and Air
Cleaning Systems ("Vendor"), In consideration of the mutual covenants and promises contained
herein, the parties agree as follows:
1. Purchase and Sale of Eauio.rnent. On and subject to the terms and
conditions set forth in this Agreement and the Contract Documents, Vendor agrees to manufacture,
sell and deliver to the City a Plymovent Diesel Exhaust Removal System as more particularly
described in Exhibit A, Description of Equipment, attached hereto and incorporated herein as though
set forth in full (hereafter "Equipment"),
2. Purchase/Installation Price. The Purchase and Installation price which City
agrees to pay to Vendor for the Equipment and service is Forty Six Thousand Nine Hundred Sixty
Dollars and forty five cents ($46,960.45), The Purchase price is final and shall be paid by City to
Vendor upon completion and acceptance of work by the City of Temecula Fire Department and
within 30 days of receipt of an original invoice,
3. Chanae Orders The City Manager may approve additional payment up to ten
(10%) of the amount of the Contract. Change orders exceeding these limits shall be approved by the
City Council.
4. ScoRe of Work. Vendor shall manufacture and install the equipment as
described in the Scope of Work, attached hereto and incorporated herein as Exhibit A ("Work"),
Vendor shall provide and furnish all labor, materials, necessary tools, expendable equipment and all
utility and transportation services required for the Work, All of said Work to be performed and
materials to be furnished for the Work shall be in strict accordance with the specifications set forth in
the Scope of Work, The Work shall be completed within the time set forth in the Scope of Work,
Contractor shall not commence the Work until such time as directed by the City,
5. Reoresentations and Warranties of Vendor. Vendor makes the following
representations and warranties to City:
a, Authoritv and Consent~, Vendor has the right, power, legal capacity
and authority to enter into and perform its obligations under this Agreement. No approvals or
consents of any persons are necessary in connection with Vendor's execution, delivery, installation
and performance of this Agreement, except for such as have been obtained on or prior to the date
hereof, The execution, delivery, installation and performance of this Agreement by Vendor have
been duly authorized by all necessary action on the part of Vendor and constitute the legal, valid and
binding obligations of Vendor, enforceable against Vendor in accordance with their respective terms,
b, Title and OReratina Condition, Vendor has good and marketable title
to all of the Equipment manufactured and installed, All of the Equipment are free and clear of any
restrictions on or conditions to transfer or assignment, and City will acquire absolute title to all of the
Equipment free and clear of mortgages, liens, pledges, charges, encumbrances, equities, claims,
P"\Finance\Agreement Samples.2007\Purchase & Instal1.2007 1 Updated 6/28/07
covenants, conditions and restrictions except for such as may be created or granted by City, All of
the Equipment are in good operating condition, are free of any defects, and are in conformity with
the specifications, descriptions, representations and warranties set forth in the Contract Documents,
Vendor is aware the City is purchasing the Equipment for use as a Diesel Exhaust Removal System
and that City is relying on Vendor's warranties that the Equipment is fit for this purpose and the
ordinary purposes for which the Equipment is normally used,
c, Full Disclosure, None of the representations and warranties made by
Vendor in this Agreement contains or will contain any untrue statement of a material fact, or omits to
state a material fact necessary to make the statements made, in light of the circumstances under
which they were made, not misleading,
6. Performance. Vendor shall at all time faithfully, competently and to the
best of his or her ability, experience, and talent perform all tasks described herein, Vendor shall
employ, at a minimum, generally accepted standards and practices utilized by persons engaged in
providing similar services as are required of Vendor hereunder in meeting its obligations under this
Agreement.
7. City Aooroval. All labor, materials, tools, equipment, and services shall
be furnished and work performed and completed subject to the approval of the City or its authorized
representatives, and the quality of the workmanship shall be guaranteed for one year from date of
acceptance, City shall inspect the Equipment at the time and place of delivery, Such inspection may
include reasonable tests and use of the Equipment by City, If, in the determination of City, the
Equipment fails to conform to the Agreement IN ANY MANNER OR RESPECT, City shall so notify
Vendor within ten (10) days of delivery of the Equipment to City, Failing such notice, the Equipment
shall be deemed accepted by City as of the date of receipt.
8. Time of Deliverv..
on or before October 1, 2007,
The date and time of delivery of the Equipment shall be
9. Place of Delivery. The Equipment shall be delivered to this location: Fire
Station 73 located at 27415 Enterprise Circle West, Temecula CA 92590,
10. Reiection. In the event of such notice of non-conformity by City pursuant
to Section 6, City may, at its option, (1) reject the whole of the Equipment and Installation, (2) accept
the whole of the Equipment and Installation, or (3) accept any commercial unit or units of the
Equipment and reject the remainder or the Installation, The exercise of any of the above options
shall be "without prejudice" and with full reservation of any rights and remedies of City attendant
upon a breach, In the event of such notice and election by City, City agrees to comply with all
reasonable instructions of Vendor and, in the event that expenses are incurred by City in following
such instructions, Vendor shall indemnify City in full for such expenses,
11. No Re,?lacements of Cure. This Agreement calls for strict compliance,
Vendor expressly agrees that both the Equipment and Installation tendered and the tender itself will
conform fully to the terms and conditions of the Agreement on the original tender. I n the event of
rejection by City of the whole of the Equipment or any part thereof pursuant to Section 8, City may,
but is not required to, accept any substitute performance from Vendor or engage in subsequent
efforts to effect a cure of the original tender by Vendor.
12. Indemnification. Vendor agrees to defend, indemnify, protect and hold
harmless the City, its officers, officials, employees, agents and volunteers from and against any and
all claims, demands, losses, damages, costs and liability of any kind or nature which the City, its
P"\Finance\Agreement Samples.2007\Purchase & Install.2007
2
Updated 6/28/07
officers, officials, employees, agents 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 or from the
Equipment or Vendor's maintenance thereof, excepting only liability arising out of the sole
negligence of the City,
13. Contract Documents.
a, This Agreement includes the following documents, which are by this
reference incorporated herein and made a part hereof: (1) Equipment Description and/or Scope of
Work, attached hereto as Exhibit A; (2) Vendor's quote, attached hereto as Exhibit B,
b, In the event any term or condition of the Contract Documents conflicts
with or is contradictory to any term or condition of the Agreement, the terms and conditions of this
Agreement are controlling,
14. Default of Vendor.
a, The Vendor's failure to comply with the provisions of this Agreement shall
constitute a default. In the event the Vendor is in default for cause under the terms of this
Agreement, the City shall have no obligation or duty to continue compensating Vendor for any work
performed after the date of default and can terminate this Agreement immediately by written notice
to the Vendor. If such failure by the Vendor to make progress in the performance of work hereunder
arises out of causes beyond the Vendor's control, and without fault or negligence of the Vendor, it
shall not be considered a default.
b, If the City Manager or his delegate determines the Vendor is in default in the
performance of any of the terms or conditions of this Agreement, it shall service the Vendor with
written notice of the default. The Vendor shall have ten (10) days after service upon it of said notice
in which to cure the default by rendering a satisfactory performance, I n the event the Vendor 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.
15. Insurance Reauirements. Vendor 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 Vendor, its
agents, representatives, or employees,
a, Minimum Scooe of Insurance, Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liabilityform No, CG
00 01 11 85 or 88,
(2) Insurance Services Office Business Auto Coverage form number CA
00 01 06 92 covering Automobile Liability, code 1 (any auto), If
Vendor 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 Vendor has no
employees while performing under this Agreement, worker's
P"\Finance\Agreement Samples.2007\Purchase & Install.2007
3
Updated 6/28/07
compensation insurance is not required, but Vendor shall execute a
declaration that it has not employees,
(4) Professional Liability Insurance shall be written on a policy form
providing professional liability for the Vendor's profession,
b, Minimum Limits of Insurance, Vendor 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) Workers Compensation: as required by the State of California;
Employers Liability: One million ($1,000,000) per accident for bodily
injury or disease,
c, Deductibles and Self-Insured Retentions, Any deductibles or self-insured
retentions must be declared to and approved by the City Manager. At the option of the City
Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as
respects the City, its officers, officials, employees and volunteers; or the Vendor shall procure a
bond guaranteeing payment of losses and related investigations, claim administration and defense
expenses,
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, its 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 Vendor; products and completed
operations of the Vendor; premises owned, occupied or used by the
Vendor; or automobiles owned, leased, hired or borrowed by the
Vendor. The coverage shall contain no special limitations on the
scope of protection afforded to the City, its officers, officials,
employees or volunteers,
(2) For any claims related to this project, the Vendor's insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees and volunteers, Any insurance or self-insured
maintained by the City, its officers, officials, employees or volunteers
shall be excess of the Vendor's insurance and shall not contribute
with it.
(3) Anyfailure to comply with reporting or other provisions of the policies
including breaches of warranties shall not affect coverage provided to
the City, its officers, officials, employees or volunteers,
P"\Finance\Agreement Samples.2007\Purchase & Install.2007
4
Updated 6/28/07
(4) The Vendor'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 Vendor 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, Acceotabilitv of Insurers, Insurance is to be placed with insurers with a
current A,M, Best's rating of no less than AVII, unless otherwise acceptable to the City,
f, Verification of Covera<;le, Vendor shall furnish the City with original
endorsements effecting coverage required by this clause, The endorsements are to be signed bya
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 Vendor's insurer may provide complete,
certified copies of all required insurance policies, including endorsements effecting the coverage
required by these specifications,
16. Survival of Reoresentations and Warranties. All representations,
warranties, covenants and agreements of the parties contained in this Agreement shall survive the
execution, delivery, installation and performance of this Agreement.
17. Leaal Resoonsibilities. The Vendor shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Agreement. The Vendor shall at all times
observe and comply with all such laws and regulations, The City, and its officers and employees,
shall not be liable at law or in equity occasioned byfailure of the Vendor to comply with this section,
18. Prohibited Interest. No officer, or employee of the City of Temecula shall
have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the
Contractor, or Contractor's sub-contractors for this project, during his/her tenure or for one year
thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of
the City of Temecula has any interest, whether contractual, non-contractual, financial or otherwise,
in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this
project. Contractor further agrees to notify the City in the event any such interest is discovered
whether or not such interest is prohibited by law or this Agreement.
19. Indeoendent Contractor. Vendor 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 the Vendor shall at all times be under the Vendor's exclusive direction and control.
Neither the City nor any of its officers, employees, agents or volunteers shall have control over the
conduct of the Vendor or any of the Vendor's officers, employees, agents or volunteers except as
set forth in this Agreement. Vendor 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 of
P"\Finance\Agreement Samples.2007\Purchase & Install.2007
5
Updated 6/28/07
Temecula, Vendor shall not incur or have the power to incur any debt, obligation or liabilitywhatever
against the City, or bind the City in any manner.
20. PrevailinQ WaQes. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the District Council has obtained the general prevailing rate of per
diem wages and the general rate for holiday and overtime work in this locality for each craft,
classification, or type of workman needed to execute this Contractor from the Director of the
Department of Industrial Relations, Copies may be obtained from the California Department of
Industrial Relations Internet website http://www.dir.ca.Qov Vendor shall post a copy of such wage
rates at the job site and shall pay the adopted prevailing wage rates as a minimum, Contractor shall
comply with the provisions of Sections 1773,8,1775,1776,1777,5,1777,6, and 1813 of the Labor
Code, Pursuant to the provisions of 1775 of the Labor Code, Contractor shall forfeit to the District,
as a penalty, the sum of $50,00 for each calendar day, or portion thereof, for each laborer, worker,
or mechanic employed, paid less than the stipulated prevailing rates for any work done under this
contract, by him or by any subcontractor under him, in violation of the provisions of the Contract.
21. AssiQnment. The Vendor shall not assign the performance of this
Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the
City,
22. 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:
To City via U.S. Mail:
City of Temecula
POBox 9033
Temecula, CA 92589-9033
To City via Courier Service: 43200 Business Park Drive
Temecula, California 92590
Attn: City Manager
To Vendor:
Air Cleaning Systems
1966W, Holt Avenue
Pomona, CA 91768
23. GoverninQ Law. The City and Vendor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties
to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this
P:\Finance\Agreement Samples.2007\Purchase & Instal1.2007 6 Updated 6/28/07
Agreement shall take place in the municipal, superior or federal district court with geographical
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 forthe relief granted,
24. Entire Apreement. 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 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.
25. Authoritv To Execute This Aareement. The person or persons executing
this Agreement on behalf of Vendor warrants and represents that he or she has the authority to
execute this Agreement on behalf of the Vendor and has the authority to bind Vendor to the
performance of its obligations hereunder.
P"\Finance\Agreement Samples.2007\Purchase & Install.2007
7
Updated 6/28/07
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in on the day and year first above written,
CITY OF TEMECULA
Chuck Washington, Mayor
ATTEST:
Susan W, Jones, MMC, City Clerk
APPROVED AS TO FORM:
Peter M, Thorson, City Attorney
Vendor
Air Cleaning Systems
1966 W. Holt Avenue
Pomona, CA 91768
Phone: 800-998-1974
Fax: 909-629-3236
jim@acs-cal.com
By:
Name:
Title:
P"\Finance\Agreement Samples.2007\Purchase & Install.2007
8
Updated 6/28/07
EXHIBIT A
DESCRIPTION OF EQUIPMENT/SCOPE OF WORK
See attached scope of work,
P"\Finance\Agreement Samples.2007\Purchase & Install.2007
9
Updated 6/28/07
EXHIBIT B
PAYMENT RATES/PROPOSAL
See attached Proposal dated July 3,2007,
P"\Finance\Agreement Samples.2007\Purchase & Install.2007
10
Updated 6/28/07
AIR CLEANING SYSTEMS'
AIel
CoN1R.<\CTORSUCENSE: C_I7n5ElOSNovadll.._''''M
1_W. HOlT AV8IIUE. POMONA. CA 9l:ul8
1'""""'.... (600)998-1974 Fax 19D9)fl29.32:36
E-mail: itrnea)acs-catcom.
EngineB1lng De$i/1fl sates Installation P8rl$ SeMCe
~II tile 'L 01 bl . ..I.tal
To:- Capt. Todd Hoover
Company: Riverside C.oun\y FD (Temecula
'-FOStatieII 3'13)
Fax: 951-1.99-4517
Date:
July 3, 2007
rhaRe:. '.151 G99 0J51
Re: Revised Quotation for Station
#Tj
Pagas:
3
From: Jim Cleary
o Urgent 0 For Review 0 PleaseOomment 0 Please Reply 0 Please::,._. ,),
NaIliIs:
AUached is the QuolatiOn lbr provi::Iirg ard ~......:..:.-.:, iIlstalf'qJ the PIymovent system at
Fire Slatioll # 73 In TemecuIa.
This qu.,;..;;...,. il1dOOei the &i gallon CI)I11j)leS$tX' wfth 2 regulaltlrs and romplelri!ly
inslalling 1hat _......~ in yourS\8tion. The other parts oflheqlJClal1On ........:.,..J the
~.
Our network. is down right now and I cannot emai this ilfo!mation to yotI, but will do so
tooight In addition, I Wilt emaiI tile~.....nfiralio(l !p 'IOU whiCh is lhe_
SfJflCllicaliol1 beif]g U5E'rlfur all olhEr hVt!rSlCJe Coor't!f liffl sIilllCJnS indUding \he 0f'i!S
anedUjr 11lS&i1ll:!U. " , -
-
If you have any ql.~~.., regarding lI1is lnlbnnallon, please \No........ me at your earliest
(XJI't\.....I,..,....;:..
Replyby Phl>ne:_
PLYMOVF#NT':'
f~YOU/)r
/~?L
\ '< '
J '/~
/ I
r:. i
Reply by !"ax:_
O~I...~I......r,_
- -of.
2
PLYMOVENl'Material
:Puctwork, lnstaJlaflo.. Hardware, & misc. pal1s
$19,851.00
$ 2,000.00
SUBTOTAL (Material)
SALES TAX@7.75%
LIFTS AND v . .....R MISC. EXPENSES
S Zl,8S1.00
$ 1,693.45
$ %,500.00
Lot INSTALLA nON COMl'LEl'E. 'including Plymovent System, ducting, support>;.
eleetric.al hook up & connection to adequate POC, and labor @ PRJ:V ~II.ING
WAvE ~~ Any modification to the above proposal as ""lubed by
llIuniGipali~ will be a1 an additional cbarge, Includes silencer on blower,
INSTALLATION LABOR@PREVAILING'!\ATE $ 2.0,916.00
FREIGHT IS INCLUDED
TOTAL COST
>!.At ~M nON DATE: 60 day. fTom date on qU(M
C46i960~
EXCWSION!Y.
. Tailpipe moditicBtions
. Pennit fees'ofany'Jcind
. Bonds (can ~ added ifrequired)
. Blocking & painting of any kind
. Engineering fees of any kind inCluding Structural Cal.mlations or any labor or
material resulting from any sl:lUctural C1\lwlations
. Engineered drawings if required:
Thank you for the -r"" ,_,,:;' J to be a part of this project. If you bave any questions regarding this
h'form - Plea7ctmeatyour .....,....:ooc...
/ / Cor
, i~ds, (
L-~ ~/ .~
teetl) 909.720-7064- ,
!
J
'l
..~_ AIR CLEANING SYSTEMS
~ ......''" """".'-"",, ,-.. """",""
.. :."..-.-. '~'.::.-':.~='...".:._ -.:"',-l">_'::
'.:+.~';'J~.: jO:;}f;"'21CS-CiL,:;.m',
1;;::-": w. :...~._:. .~~:..:.. ?'):.;..::: '.. ::. .: : ,'':
'('._ :: ::::: ::'."::. s::..;~ ~.~;":. :',(1.::; ;:-:<?-.::.1;, r.!'J' :-::'10;
i;::.r.:. :;'f..~-l.';;'!'., ,,;-.;~ ;7J~2: ~~:'~-:'''::-:
July 3,2007
'.~\<'~ C":'-"" ;", -.' ~,,"; ;r..::::-: x:}~ .~::.:,::
RlVERSIDE-COUNTY ..JiH<EDEPARTMENT,
I Each
2 Each
1 Each
I Each
1 Each
" EOUIPMENTL':;S111'fG & OUOTA:lIUi~"
Plv.moVent DIESEL,EXHAUST REMOVAL SYSTEM
TEMECULA FIRE STA'flON'#i3
PL YMOVENT MODEJ, STRA-6S-1 Strajght Rail for door to door drive tbroup
eapabifity' includes 6Y of exttuded alUnlllUlnl rail for each system, End Shock, eQ(;b
with crab assy,> mag""in" pack, 100' l>fcoiled airline & 25' of4" diametecl!el!ow &
black hose, "G~BER" Nozzle, Swivel Safety Disconnect, Manual Fill Valve, a.,nd
complete pnenmatic circuit lor passive release, Also includes all necessary suppllrl
legs, braces and brackels, filler/dryer regulatur, &. one (I) twl pipe adapter for
Lailpipes. (One hose drop on one Straight Rail) AccGmmodates 1 vehicle (T-73),
PL YMOVENT MODEL SBTA 2.l-B S1idinll Balancer Traek for U.... In
capability: includes (1) 20' t~ack'per vehicle. with 2$' of 4" diameter yellow &. black
hose, saddle, trolleylbalancer, end slOp w/ semrily boIlS, ,i_ bracket, uncoupling
valve assembly, 6,,25" "GRABBER" Nozzle, Swivel Safety DiscomlectJ Mam,lII fLll
Valve, and complete pneumatic circuit for passive release_ Also includes all nece...ary
support legs. side braces and brackets, One (I) tailpiPe ada.,pter for each vehicle,
Accummodates one vehicle for each track (B-73 &. :Rescue),
PLYI\lOVENT TEV-SS9-60 Radial Exhaust Fan I 5 hp, three phase rated@2000
CFM@ S" w.g. at3450 rpm. Includes inlet and outlet vjbration, isolator and fan
mounting vibration isolators, and sguare to round outlet for hOUSing,
NOTE: Tile flut sir.e will allow for a total offour (4) drops,
PLYMOVENT MODEL 08-5 UL Listed Control Operating System"
AIR COMPRESSOR with sa gallon storage tank, 5 HP motor &. capable of 175 psi
dedicated to the Plymovent system as well as for use by the station per$Ollllel for
normal stalion requirements, Includes two (2) regulators, auto drain and initial 2 quart
oil requirem~t"
:' ..-..:;" .:."' ~ .,. .::
. "_co _ : '. ......;.l~.
. ..- . _._~
.....
.. '..t:" >~~.: " .:7"1.
Ii
-
I.
ITEM NO. 18
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
~
llo--
CITY OF TEMECULA
AGENDA REPORT
TO:
City Manager/City Council
FROM:
William G, Hughes, Director of Public Works
DATE:
August 14, 2007
SUBJECT:
Authorize Temporary Street Closure of Main Street between Old Town Front Street
and Pujol Street for the "Temecula-On-Stage" event scheduled for September 1,
2007 and Delegate Authority to Issue a Special Events/Street Closures Permit to
the Director of Public Works
PREPARED BY:
Daniel York, Deputy Director of Public Works/City Engineer
Steve Charette, Associate Engineer
RECOMMENDATION:
That the City Council:
1, Adopt a resolution entitled:
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA, AUTHORIZING TEMPORARY STREET CLOSURE OF
MAIN STREET BETWEEN OLD TOWN FRONT STREET AND
PUJOL STREET FOR THE "TEMECULA-ON-STAGE" EVENT
SCHEDULED FOR SEPTEMBER 1,2007 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS/CITY ENGINEER TO ISSUE A
SPECIAL EVENTS PERMIT INCLUDING STREET CLOSURES
BACKGROUND: The "Temecula-On-Stage" event is scheduled for Saturday, September 1,
2007 from 6:00 PM to 11 :00 PM with the actual street closure scheduled between 6:00 AM to
Midnight. This first-class event will showcase the area's top chefs and wineries along with a variety
of performance arts including local musicians, vocalists, actors and dancers, This event will be the
focal point of the Labor Day weekend in which visitors will enjoy all that Temecula Valley has to offer
at a discount, by purchasing a special passport provided by local businesses who partner with the
event. This event will serve as a fundraiser for the resident companies of the Old Town Temecula
Community Theater and is expected to draw 500 guests,
The event will require the closure of Main Street between Old Town Front Street and Pujol Street.
The event will require assistance from the Public Works Department by providing support services
for the street closure, public safety monitoring, and the permit process, Provisions have been
included in the encroachment permit to insure public access and public parking at the Children's
Museum during the road closure,
Under Vehicular 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 necessaryforthe safety and protection of persons who are to use that portion of the street
during the temporary closing",
The City Council adopted Resolution No, 91-96 on September 10,1991, which provided standards
and procedures for special events on public streets, highways, sidewalks, or public right of way,
While a process was established for reviews and approvals, no mechanism was provided for
delegating authority to temporarily close streets, or portions of streets, for these special events,
The subject resolution delegates the authority to approve temporary street closures for this specific
event, "Temecula-On-Stage", to the Director of Public Works, All other special events requiring
temporary street closures, construction-related closures, etc, shall remain subjectto the approval of
the City Council subject to rules and regulations established by the City Council. These rules and
regulations shall also be adopted by resolution in accordance with California Vehicular Code Section
21101,
FISCAL IMPACT: The costs of police services, and for provision, placement, and
retrieval of necessary warning and advisory devices by the Public Works Department are included in
budgetary items,
ATTACHMENTS:
1,
2,
Resolution No, 2007-
Vicinity Map
RESOLUTION NO. 07-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AUTHORIZING TEMPORARY STREET
CLOSURE OF MAIN STREET BETWEEN OLD TOWN
FRONT STREET AND PUJOL STREET FOR THE
"TEMECULA-ON-STAGE" EVENT SCHEDULED FOR
SEPTEMBER 1, 2007 AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO ISSUE A SPECIAL
EVENTS PERMIT INCLUDING STREET CLOSURES
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, the California State Vehicular Code provides for the promulgation of
rules and regulations for the temporary closure of public streets by local authorities by
Resolution; and
WHEREAS, the City Council desires to establish rules and regulations for the
temporary closure of public streets in the interest of promoting safety and protection;
and
WHEREAS, the City of Temecula sponsors the "Temecula-On-Stage" event, for
which such temporary street closure on Main Street between Old Town Front Street and
Pujol Street promote the safety and protection of persons using or proposing to use that
street for the special event; and
WHEREAS, the City Council desires to facilitate the issuance of permission to
temporarily close Main Street for the "Temecula-On-Stage" event scheduled for
September 1, 2007; and,
NOW, WHEREAS, the City Council desires to authorize the Director of Public
Works to approve the temporary street closure of Main Street for the "Temecula-On-
Stage" event, and to establish the general rule that all other proposed temporary street
closures shall be reviewed and approved subject to conditions, or disapproved, by the
City Council; and
THEREFORE, BE IT RESOLVED, that the City Council of the City of Temecula,
hereby authorizes the Director of Public Works/City Engineer to permit the temporary
street closure of Main Street for the "Temecula-On-Stage" event scheduled for
September 1, 2007, and affirms the general rule that all other temporary public street
closures shall be approved or denied approval by the City Council.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 14th day of August, 2007.
Chuck Washington, 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. 07- was duly and regularly adopted by the City Council of
the City of Temecula at a meeting thereof held on the 14th day of August, 2007, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
, Susan W. Jones, MMC
City Clerk
, If"1 ,-~ 0
;s.l - ." !!.g ~i": ,~ ~~.DD 0 . I I r ~
h.H..p~ n .
H 0 .
I~ . . . .
~~!!::;~-;H'" ! !
i':' ;rl~~~~!,fr! 0 ",f(' '"
If ~ ~"&= <l:" '8 ",..~ (J) " ;j; -n (J) <Xl " <Xl s: '" " <Xl ~~ v,{j ~
", HHl"n~; or '" 0 or ~ !!l <Xl ~" H '"
l~ ~ ". <a " " 0 <' '" 0 0 !!!. ,r ::
i!3H~!~;~ A '" '0 it ~ '"
I. 1: .,X,. m 0 m c. S' '" ,;' S' m '" if
dHin!~g w m (; ~ :.. S?r is'
,. )> G1 .. '" '" m (J) 0- C ~ <::
." or c. ;jj " ;;;'
g1 ":~.h;:>~~ iil <Xl )> " m or '0 ~ ~~ <:>
H a:l~~HH w m iil S' ~ ;;;' 0- C' ~-~
0 '" w < '" ;< " " ::
HH~:HI~ m '" " 0 ~'"
~! ;;;' !!1 m '" [ 0' '" V,
1'2 fig ~ !i'g-fl ill w ;< 5' " C' :g ~
," ~[H~HHi 0' <a " w '" ~
! ~ " m ill v" " ~
i~IfH~,\Iiig .' 0 w " :..
~ lil <:: ~
......'
~~{!,':.f;
, ~'-%i;J1; ~
.o.-",-,{~
, ~~:i~~1'}! -.'
'.,",
;.<;f
bo
-
.
"2
~
~
H
I~~
II ....
U~
fo::
c
r". j
~
~...
",.II
.II~
~...
il
I'll. I j ~,~
j ; :R j ! II J oa M J rild~
j f I ! III j f J ~ J j:t<j~~~
· · · III 0 DDI~~
o
18
III~ ~
nlJII 111,11
II ,I I
JII1",I" ,
II
II
~
Ii
-
I.
ITEM NO. 19
I
I
ORDINANCE NO. 07-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, AMENDING SECTION 10.28.01(D) OF
THE TEMECULA MUNICIPAL CODE REGARDING PRIMA
FACIE SPEED LIMITS ON CERTAIN STREETS
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1, Section 10,28,010(0) of the Temecula Municipal Code is hereby
amended as follows to modify the declared prima facie speed limits only on the
following streets:
Name of Street and
Portion Affected
Declared Prima
Facie Speed Limit
jVliles Per Hour
Amarita Way -
Pio Pico Road to McCabe Drive
40
Avenida De Missiones
Route 79 South to Via Rio Temecula Road
35
Business Park Drive
Rancho California Road (E) to Rancho California Road (W)
35
Cabrillo Avenue
Jedediah Smith Road to Vallejo Avenue
30
Campanula Way
De Portola Road (E) to Meadows Parkway
40
Campanula Way
Meadows Parkway to De Portola Road 0N)
30
Channel Street
Butterfield Stage Road to Chaote Street
30
Country Glen Way
Route 79 South to Via Rio Temecula Road
35
Date Street
Ynez Road to Lakeview Road
50
R:/Ords 2007/0rds 07-08
Date Street
Lakeview Road to Margarita Road 45
Date Street
Margarita Road to East City Limit 40
Del Rey Road
Via Norte to Avenida Del Reposo 35
Del Rio Road
Jefferson Avenue to Via Montezuma 35
First Street
Old Town Front Street to Pujol Street 30
Harveston Drive
Harveston Way to Lakeview Road 35
Harveston Drive
Lakeview Road to Harveston School Road 30
Harveston Drive
Harveston School Road to Township Road 25
Harveston School Road
Harveston Drive to Margarita Road 25
Harveston Way
Harveston Drive to Margarita Road 35
Jedediah Smith Road
Route 79 South to Ynez Road 35
Jedediah Smith Road
Ynez Road to Margarita Road 40
La Paz Street
Route 79 South to Ynez Road 35
Lakeview Road
Harveston Drive to Date Street 30
Leena Way
Montelegro Way to Campanula Way 40
R:/Ords 2007/0rds 07-08
2
Mira Loma Drive
Rancho Vista Road (E) to Rancho Vista Road 0N)
25
Montelegro Way
Pio Pico Road to McCabe Drive
40
North General Kearney Road
Margarita Road to Calle Pina Colada
40
Nicolas Road
Winchester Road to Calle Medusa
45
Nicolas Road
Calle Medusa to Calle Girasol
40
Pauba Road
Ynez Road to Margarita Road
45
Pio Pico Road
De Portola Road to Margarita Road
30
Pio Pico Road
Margarita Road to Amarita Way
35
Preece Lane
Ynez Road (N) to Ynez Road (S)
30
Rainbow Canyon Road
Pechanga Parkway to South City Limits
40
Roripaugh Road
Winchester Road to Nicolas Road
25
Royal Crest Place
Butterfield Stage Road to Crowne Hill Drive
35
Santiago Road
Margarita Road to Amarita Way
35
Santiago Road
Old Town Front Street to Ynez Road
35
R:/Ords 2007/0rds 07-08
3
Solana Way
Ynez Road to Margarita Road
40
Solana Way
Margarita Road to Del Rey Road
45
Township Road
Harveston Drive to Village Road
25
Vallejo Avenue
La Paz Street to Santiago Road
35
Vallejo Avenue
La Paz Street to Cabrillo Avenue
30
Via Montezuma
Jefferson Avenue to Del Rio Road
30
Via Norte
Solana Way to Avenida Del Reposo
35
Via Rio Temecula
Avenida De Missions to Redhawk Parkway
40
Village Road
Township Road to Harveston Way
25
Wallaby Way
Wolf Valley Road to Seagull Way
30
Wolf Valley Road
Pechanga Parkway to Redhawk Parkway
45
Ynez Road
Equity Drive to Date Street
45
Section 2, Severabilitv, The City Council hereby declares that the provisions
of this Ordinance are severable and if for any reason a court of competent jurisdiction
shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such
decision shall not affect the validity of the remaining parts of this Ordinance,
Section 3, The City Council shall certify to the adoption of this Ordinance and
shall cause the same to be published as required by law,
R:/Ords 2007/0rds 07-08
4
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 14th day of August, 2007,
Chuck Washington, Mayor
ATTEST:
Susan W, Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W, Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No, 07-08 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 24th day of July, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 14th day of August, 2007, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W, Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-08
5
Ii
-
I.
ITEM NO. 20
I
I
ORDINANCE NO. 07-09
AN ORDINANCE OF THE CITY OF TEMECULA
AMENDING CHAPTER 5.12 ("CABLE, VIDEO, AND
TELECOMMUNICATIONS SERVICE PROVIDERS") OF
TITLE 5 OF THE TEMECULA MUNICIPAL CODE BY
ADDING A NEW ARTICLE 8
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 5.12 of Title 5 ("Cable, Video, and
Telecommunications Service Providers") of the Temecula Municipal Code is
amended by adding a new Article 8 to read as follows:
ARTICLE 8. SPECIAL PROVISIONS APPLICABLE TO HOLDER OF STATE VIDEO
FRANCHISES
5.12.200.
Fee for Suooort of PEG Access Facilities and Activities
A. A fee paid to the City is hereby established for the support of public,
educational, and governmental access facilities and activities within the City, which fee
shall be paid by any new City-franchised cable operator and by state video franchise
holders operating within the City, Unless a higher percentage is authorized by
applicable state or federal law, this fee shall be one percent (1 %) of a franchisee's gross
revenues derived from the provision of video services within the City, The term "gross
revenues" shall be defined as set forth in California Public Utilities Code section 5860,
B, The fee established by this section shall be remitted quarterly to the City
Treasurer and must be received not later than 45 days after the end of the preceding
calendar quarter. The fee payment shall be accompanied by a summary that describes
all sources of the gross revenues upon which the fee is based, which summary must be
verified by a responsible financial officer or employee of the video service provider.
5.12.210
Franchise Fee
A state video franchise holder operating in the City shall pay to the City a
franchise fee that is equal to five percent (5%) of the gross revenues of that state video
franchise holder. The term "gross revenues" shall be defined as set forth in Public
Utilities Code section 5860,
5.12.220
Audit Authoritv
Not more than once annually, the City may examine and perform an audit of the
business records of a holder of a state video franchise to ensure compliance with all
applicable statutes and regulations related to the computation and payment of franchise
fees,
l1086-0068\976521vl doc
5.12.230
Customer Service Penalties Under State Video Franchises
A. The holder of a state video franchise shall comply with all applicable state
and federal customer service and protection standards pertaining to the provision of
video service,
B, The City shall monitor a state video franchise holder's compliance with
state and federal customer service and protection standards, The City will provide to
the state video franchise holder written notice of any material breaches of applicable
customer service and protection standards, and will allow the state video franchise
holder 30 days from receipt of the notice to remedy the specified material breach,
Material breaches not remedied within the 30-day time period will be subject to the
following monetary penalties to be imposed by the City in accordance with state law:
1, For the first occurrence of a violation, a monetary penalty of $500
shall be imposed for each day the violation remains in effect, not to exceed $1,500 for
each violation,
2, For a second violation of the same nature within 12 months, a
monetary penalty of $1,000 shall be imposed for each day the violation remains in
effect, not to exceed $3,000 for each violation,
3, For a third or further violation of the same nature within 12 months,
a monetary penalty of $2,500 shall be imposed for each day the violation remains in
effect, not to exceed $7,500 for each violation,
C, A state video franchise holder may appeal a monetary penalty assessed
by the City within 60 days, After relevant evidence and testimony is received, and staff
reports are submitted, the City Council will vote to either uphold or vacate the monetary
penalty, The City Council's decision on the imposition of a monetary penalty shall be
final.
5.12.240
Citv Resoonse to State Video Franchise Aoolications
A. Applicants for state video franchises within the boundaries of the City must
concurrently provide to the City complete copies of any application or amendments to
applications filed with the California Public Utilities Commission, One complete copy
must be provided to the City Clerk,
B, The City will provide any appropriate comments to the California Public
Utilities Commission regarding an application or an amendment to an application for a
state video franchise,
5.12.250
PEG Access Channel Caoacitv
A. A state video franchise holder that uses the public rights-of-way shall
designate sufficient capacity on its network to enable the carriage of at least three
public, educational, or governmental (PEG) access channels,
R:/Ords 2007/0rds 07-09
2
B, Additional requirements relating to PEG access channels are as follows:
1, A state video franchise holder is subject to payment of the PEG
support fee specified above in Section 5,20,510,
2, PEG access channels shall be for the exclusive use of the City or
its designees to provide public, educational, or governmental programming,
3, Advertising, underwriting, or sponsorship recognition may be
carried on the PEG access channels for the purpose of funding PEG-related activities,
4, The PEG access channels shall be carried on the basic service tier.
5, To the extent feasible, the PEG access channels shall not be
separated numerically from other channels carried on the basic service tier, and the
channel numbers for the PEG access channels shall be the same channel numbers
used by the incumbent cable operator unless prohibited by federal law,
6, After the initial designation of PEG access channel numbers, the
channel numbers shall not be changed without the prior written consent of the City,
unless the change is required by federal law,
7, Each PEG access channel shall be capable of carrying a National
Television System Committee (NTSC) television signal.
5.12.260
Interconnection
Where technically feasible, a state video franchise holder and incumbent cable
operator shall negotiate in good faith to interconnect their networks for the purpose of
providing PEG access channel programming, Interconnection may be accomplished by
direct cable, microwave link, satellite, or other reasonable method of connection, State
video franchise holders and incumbent cable operators shall provide interconnection of
the PEG access channels on reasonable terms and conditions and may not withhold the
interconnection, If a state video franchise holder and an incumbent cable operator
cannot reach a mutually acceptable interconnection agreement, the City may require
the incumbent cable operator to allow the state video franchise holder to interconnect its
network with the incumbent's network at a technically feasible point on the holder's
network as identified by the holder. If no technically feasible point for interconnection is
available, the state video franchise holder shall make an interconnection available to the
channel originator and shall provide the facilities necessary for the interconnection, The
cost of any interconnection shall be borne by the state video franchise holder requesting
the interconnection unless otherwise agreed to by the parties,
5.12.270
Emeraencv Alert Svstem and Emeraencv Overrides
A state video franchise holder must comply with the Emergency Alert System
requirements of the Federal Communications Commission in order that emergency
messages may be distributed over the holder's network, Provisions in City-issued
R:/Ords 2007/0rds 07-09
3
franchises authorizing the City to provide local emergency notifications shall remain in
effect, and shall apply to all state video franchise holders in the City for the duration of
the City-issued franchise, or until the term of the franchise would have expired had it not
been terminated pursuant to subdivision (m) of Section 5840 of the California Public
Utilities Code, or until January 1,2009, whichever is later.
5.12.280
Encroachment Permit Aoolications
A. As used in this section, the term "encroachment permit" means any permit
issued by the City relating to construction or operation of facilities by the holder of a
state video franchise,
B, The City shall either approve or deny an application from a holder of a
state video franchise for an encroachment permit within 60 days of receiving a
completed application,
C, If the City denies an application for an encroachment permit, the City shall,
at the time of notifying the applicant of the denial, furnish to the applicant a detailed
explanation of the reason for the denial. An applicant may appeal the City's denial of an
encroachment permit application to the City Council in accordance with the provisions of
Chapter 2,26 of Title 2 of this Code,
SECTION 3. Severability.
If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held to be invalid or unconstitutional by any court of competent
jurisdiction, such decision shall not affect the validity of the remainder of the Ordinance,
The City Council hereby declares that it would have adopted this Ordinance, and each
section subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact
that anyone or more sections, subsections, sentences, clauses, phrases, or portions be
declared invalid or unconstitutional.
SECTION 4. Effective Date.
This ordinance shall become effective thirty (30) days after its adoption,
SECTION 5. Publication.
The City Clerk is directed to certify to the adoption of this ordinance and to cause
this ordinance to be published or posted as required by law,
R:/Ords 2007/0rds 07-09
4
PASSED, APPROVED, AND ADOPTED by the City Council of the City of
Temecula this 14th day of August, 2007,
Chuck Washington, Mayor
ATTEST:
Susan W, Jones, MMC
City Clerk
[SEAL]
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W, Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No, 07-09 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 24th day of July, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 14th day of August, 2007, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W, Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-09
5
Ii
-
I.
ITEM NO. 21
I
I
ORDINANCE NO. 07-11
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA AMENDING SECTIONS 8.36.020,
8.36.030, AND 17.30.020 OF THE TEMECULA MUNICIPAL
CODE PERTAINING TO SMOKING
THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1, Section 8,36,020 of the Temecula Municipal Code is hereby amended
to read as follows:
"8,36,020, Definitions
For the purposes of this Chapter the following definitions shall govern unless the
context clearly requires otherwise:
"Business" means any sole proprietorship, partnership, joint venture, corporation,
association, or other entity formed for profit-making purposes or that has an employee,
as defined in this Section,
"Dining Area" means any area available to or customarily used by the general
public that is designed, established, or regularly used for consuming food or drink,
"Employee" means any person who is employed; retained as an independent
contractor by any employer, as defined in this section; or any person who volunteers his
or her services for an employer, association, nonprofit, or volunteer entity,
"Employer" means any person, partnership, corporation, association, nonprofit or
other entity who employs or retains the service of one or more persons, or supervises
volunteers,
"Enclosed" means:
1, Any covered or partially covered space having more than 50% of its
perimeter area walled in or otherwise closed to the outside such as, for example, a
covered porch with more than two walls; or
2, Any space open to the sky (hereinafter "uncovered") having more than
75% of its perimeter area walled in or otherwise closed to the outside such as, for
example, a courtyard; except that an uncovered space of three thousand (3000) square
feet or more is not enclosed, such as, for example, a field in an open-air arena,
"Nonprofit Entity" means any entity that meets the requirements of Section 5003
of the California Corporations Code as well as any corporation, unincorporated
association, or other entity created for charitable, religious, philanthropic, educational,
political, social, or similar purposes, the net proceeds of which are committed to the
R:/Ords 2007/0rds 07-11
promotion of the objectives or purposes of the entity and not to private gain, A public
agency is not a nonprofit entity within the meaning of this section,
"Park" means any community park, neighborhood park, special use, or any other
recreational facility maintained by the City of Temecula,
"Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity,
"Place of Employment" means any area under the legal or de facto control of an
employer, business, or nonprofit entity that an employee or the general public may have
cause to enter in the normal course of operations, but regardless of the hours of
operation; including, for example, indoor and outdoor work areas, construction sites,
taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities,
long-term health facilities, and warehouses,
"Playground" means any park or recreational area designed in part to be used by
children that has play or sports equipment installed or has been designated or
landscaped for play or sports activities, or any similar facility located on public or private
school grounds, or on City grounds,
"Public Place" means any place, public or private, open to the general public
regardless of any fee or age requirement; including, for example, bars, restaurants,
clubs, stores, shopping centers, stadiums, parks, playgrounds, taxis, and buses,
"Public Plaza" means any unenclosed public place other than a sidewalk that is
paved and permanently set aside for pedestrian use; including, for example, courtyards,
plazas, and promenades,
"Reasonable Distance" means a distance of twenty-five (25) feet in any direction
from an area in which smoking is prohibited, This distance is reasonably sufficient to
make it unlikely that secondhand smoke will enter non-smoking areas,
"Recreational Area" means any area, public or private, open to the public for
recreational purposes regardless of any fee requirement, including, for example, parks,
gardens, sporting facilities, stadiums, and playgrounds,
"Service Area" means any area designed to be or regularly used by one or more
persons to receive or wait to receive a service, enter a public place, or make a
transaction whether or not such service includes the exchange of money; including, for
example, automated teller machines ("ATMs"), bank teller windows, telephones, ticket
lines, bus stops, and cab stands,
"Significant Tobacco Retailer" means any tobacco retailer that derives seventy-
five percent (75%) or more of gross sales receipts from the sale or exchange of tobacco
products and tobacco paraphernalia,
R:/Ords 2007/0rds 07-11
2
"Smoking" or to "Smoke" means holding or possessing a lighted tobacco product
or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted
cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of
which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia,
or any other weed or plant the smoke of which is commonly inhaled,"
Section 2, Section 8,36,030 of the Temecula Municipal Code is hereby amended
to read as follows:
"8,36,030, Prohibition of Smoking in Public Places, Places of Employment,
and Other Areas,
A. Enclosed Places, Smoking is prohibited in the following enclosed places
except in places listed in subsection 8,36,030(C) below, and except in such places in
which smoking is already prohibited by State or Federal law:
1, Public Places;
2, Places of Employment;
3, Enclosed areas that are adjacent to an enclosed area in which
smoking is prohibited by any other provision of this Chapter, State law, or Federal law
and have a common or shared air space; such as, without limitation, openings, cracks,
air ventilation systems, doorways, hallways, and stairways, For these purposes, the
fact that smoke enters one enclosed area from another enclosed area is conclusive
proof that the areas share a common or shared air space;
4, Enclosed areas that have common or shared ventilation, air
conditioning, or heating system with an enclosed area in which smoking is prohibited,
Notwithstanding any other provision, the fact that smoke enters one enclosed area from
another enclosed area is conclusive proof that the areas share a common or shared air
space,
B, Unenclosed Places, Smoking is prohibited in the following unenclosed
places except in places listed in subsection 8,36,030(C) below, and except in such
places in which smoking is already prohibited by State or Federal law in which case the
State or Federal law applies:
1, Places of Employment;
2, Service Areas;
3, Dining Areas;
4, Parks, Playgrounds, and Recreational areas;
5, Ticket, Boarding, and Waiting Areas of Transit Depots;
R:/Ords 2007/0rds 07-11 3
6, Public Plazas; and
7, The sites of public events including, for example, sports events,
entertainment, artistic or speaking performances, ceremonies, pageants, and fairs,
provided however that this prohibition shall not prevent the establishment of a separate,
designated smoking area set apart from and no larger than the primary event area,
C,
locations:
Unless otherwise prohibited by law, smoking is permitted in the following
1, Significant tobacco retailers, if minors are prohibited at all times
from entering the store;
2, By performers during theatrical productions, if smoking is a part of
the theatrical production;
3, Private residential property, except when designated as non-
smoking under Chapter 30 of Title 17 of this Code or used as a childcare or health care
facility subject to licensing requirements and children, patients, or employees are
present;
4, Up to twenty-five percent (25%) of hotel and motel guest rooms, if
the hotel or motel permanently designates particular guest rooms as nonsmoking rooms
such that seventy-five (75%) or more of its guest rooms are nonsmoking and ashtrays
and matches are permanently removed from such nonsmoking rooms, Permanent "no
smoking" signage shall be posted in nonsmoking rooms;
5, Outdoor dining areas of businesses operating under an on-sale
license for public premises issued by the California Department of Alcoholic Beverage
Control."
Section 3, Section 17,30,020 of the Temecula Municipal Code is hereby
amended to read as follows:
"17,30,020, Definitions
For the purposes of this Chapter the following definitions shall govern unless the
context clearly requires otherwise:
"Landlord" means any person who owns real property that is leased as
residential property, lets residential property, or manages such property, except that
"Landlord" does not include sublessors;
"Multi-Unit Residence" means a premises leased as residential property and that
contains two (2) or more units, none of which are occupied by a Landlord of the
Premises;
R:/Ords 2007/0rds 07-11
4
"Multi-Unit Residence Common Area" means any indoor or outdoor area of a
multi-unit residence accessible to and usable by residents of different units; including
but not limited to halls and paths, lobbies, laundry rooms, common cooking areas,
outdoor eating areas, play areas, swimming pools, and parking areas;
"Person" means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee, or any other legal
entity;
"Premises" means a piece of land and any improvements thereon such as is
usually described in a deed, deed of trust or mortgage, and includes legally separate
but contiguous pieces of land that are owned by the same natural person or by legal
persons under common control;
"Reasonable Distance" means a distance of twenty-five (25) feet in any direction
from an area in which smoking is prohibited, This distance should be reasonably
sufficient to make it unlikely that secondhand smoke will enter non-smoking areas;
"Smoking" or to "Smoke" means holding or possessing a lighted tobacco product
or paraphernalia (including but not limited to, a lighted pipe, lighted hookah pipe, lighted
cigar, or lighted cigarette of any kind), or any other lighted weed or plant the smoke of
which is commonly inhaled, or the lighting of a tobacco product, tobacco paraphernalia,
or any other weed or plant the smoke of which is commonly inhaled;
"Unit" means either a dwelling space consisting of essentially complete
independent living facilities for one or more persons, including, for example, permanent
provisions for living and sleeping, and any private outdoor spaces like balconies and
patios; or senior citizen housing and single room occupancy hotels, as defined in
California Health and Safety Code section 50519(b)(1), even where lacking private
cooking facilities or private plumbing facilities, "Unit" does not include lodging in a hotel
or motel that meets the requirements set forth in California Civil Code Section
1940(b)(2),"
Section 4, Environmental Finding, The City Council hereby finds that this
Ordinance is exempt from the requirements of the California Environmental Quality Act
("CEQA"), To the extent that the Ordinance applies to Places of Employment, it
regulates working conditions by ensuring that employees and volunteers are not
exposed to the harmful effects of second-hand smoke and is therefore categorically
exempt from CEQA pursuant to Title 14 of the California Code of Regulations, Section
15324(c), The Ordinance is also exempt from CEQA in its entirety pursuant to Title 14
of the California Code of Regulations, Section 15061 (b)(3) because it can be seen with
certainty that there is no possibility that the Ordinance may have a significant effect on
the environment. The Ordinance will have no adverse environmental affects because it
will reduce the public's exposure to the harmful effects of second-hand smoke,
Section 5, If any sentence, clause, or phrase of this ordinance is for any reason
held to be unconstitutional or otherwise invalid, such decision shall not affect the validity
R:/Ords 2007/0rds 07-11
5
of the remaining provisions of this ordinance, The City Council hereby declares that it
would have passed this ordinance and each sentence, clause or phrase thereof
irrespective of the fact that anyone or more sentence, clauses or phrases be declared
unconstitutional or otherwise invalid,
Section 6, The City Clerk of the City of Temecula shall certify to the passage and
adoption of this Ordinance and shall cause the same to be published in the manner
required by law,
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 14th day of August, 2007,
Chuck Washington, Mayor
ATTEST:
Susan W, Jones, MMC
City Clerk
[SEAL]
R:/Ords 2007/0rds 07-11
6
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W, Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No, 07-11 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 24th day of July, 2007,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 14th day of August, 2007, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAIN:
COUNCIL MEMBERS:
Susan W, Jones, MMC
City Clerk
R:/Ords 2007/0rds 07-11
7
TEMECULA COMMUNITY
SERVICES DISTRICT
Ii
-
I.
ITEM NO. 22
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA COMMUNITY SERVICES DISTRICT
JULY 24, 2007
A regular meeting of the City of Temecula Community Services District was called to order at
7:34 p,m" in the City Council Chambers, 43200 Business Park Drive, Temecula, California,
ROLL CALL
PRESENT:
5
DIRECTORS:
Edwards, Naggar, Roberts, Washington
Comerchero
ABSENT:
o
DIRECTORS:
None,
Also present were General Manager Nelson, City Attorney Thorson, and City Clerk Jones,
PUBLIC COMMENTS
No input.
CSD CONSENT CALENDAR
15 Minutes
RECOMMENDATION:
15,1 Approve the minutes of July 10, 2007,
16 Amohitheater Namina
RECOMMENDATION:
16,1 Consider renaming the Community Recreation Center Amphitheater (CRC) the
"CRC Foundation Amphitheater",
17 Consultant Services Aareement for Murrieta Creek Multi-Puroose Trail - Proiect No, PW01-
27
RECOMMENDATION:
17,1 Approve the Consultant Agreement with Kimley-Horn and Associates, Inc, in the
amount of $40,886 to provide as needed Bid and Construction Phase Engineering
and Design Services,
MOTION: Director Washington moved to approve the Consent Calendar. Director Roberts
seconded the motion and electronic vote reflected unanimous aooroval.
R:\Minutes\072407
CSD BUSINESS
18 Cancellation of Service Level C Election
RECOMMENDATION:
18,1 Adopt a resolution entitled:
RESOLUTION NO. CSD 07 - 11
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
COMMUNITY SERVICES DISTRICT OF THE CITY OF TEMECULA CANCELING
THE SPECIAL MAIL BALLOT ELECTION SCHEDULED FOR AUGUST 28, 2007
18,2 Direct and authorize the District Manager to send a letter to the property owners
subject to the Special Mail Ballot Election notifying them of the cancellation of the
Special Mail Ballot Election and explaining the reason for the cancellation;
18,3 Direct and authorize the District Manager to take such actions as are necessary and
appropriate to initiate the procedures necessary to enable the Board of Directors to
again consider the proposed increase to the Rates and Charges for Service Level C
and to decide whether to submit the proposed increase to the property owners at
the next available Mail Ballot Election date of March 4, 2008,
City Attorney Thorson provided a staff report, relaying the following:
D That the Community Services District went through the process to schedule an election
for Service Level C Rates and Charges; that a public hearing was conducted; that a
Resolution was adopted calling for a special mail ballot election; that after the ballots
were mailed, it was discovered that there was a major printing error on the ballot; and
that the consultant for the City and the printer have taken full responsibility
D That the proposed Resolution would be to cancel the election; that it would be staff's
opinion that the integrity of the ballot process would be affected by this printing error;
that a letter will be forwarded to each property owner, notifying them of the cancellation
and explaining the reason for the cancellation; that it would be the recommendation that
the District direct and authorize the General Manager to initiate the procedures required
to restart the process and move forward for a special election on March 4, 2008; and
that the consultant who prepared the ballots compensated the District for expenses
incurred with the flawed process and will pay for the special notice to the property
owners;
D That it would be staff's opinion that this resolution would be a fair way to resolve the
issue with the least amount of confusion to property owners,
In response to Director Washington's question, City Attorney Thorson advised that staff had
received a letter from the President of Muni-Financial apologizing for the printing error and
provided all compensation to the City,
R:\Minutes\072407
2
General Manager Nelson further added that a follow-up letter was received today from Muni-
Financial explaining how the printing error occurred and a check in the amount $28,000 to cover
all costs associated with this error; and that the proposed recommendation will protect the
integrity of the election,
For President Comerchero, City Attorney Thorson advised that there would be no way to
determine how many ballots were printed incorrectly,
MOTION: Director Roberts moved to approve staff recommendation, Director Edwards
seconded the motion and electronic vote reflected unanimous aooroval.
CSD DEPARTMENTAL REPORT
19 Community Services District Deoartment Monthlv Reoort
CSD BOARD OF DIRECTORS REPORTS
No additional comments,
CSD GENERAL MANAGERS REPORT
City Manager Nelson advised that staff will pursue the Service Level C Rates and Charges
Election for March 4, 2008,
CSD BOARD OF DIRECTORS REPORTS
No additional comments,
CSD ADJOURNMENT
At 7:41 p,m" the Temecula Community Services District meeting was formally adjourned to
Tuesday, August 14, 2007, at 5:30 p,m" for a Closed Session, with regular session commencing
at 7:00 p,m" City Council Chambers, 43200 Business Park Drive, Temecula, California,
Jeff Comerchero, President
ATTEST:
Susan W, Jones, MMC
City Clerk/District Secretary
[SEAL]
R:\Minutes\072407
3
Ii
-
I.
ITEM NO. 23
I
I
Approvals
City Attorney
Director of Finance
City Manager
~
(J(L,
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman Parker, Director of Community Services
DATE:
August 14, 2007
SUBJECT:
Second Amendment to Professional Services Agreement for Landscape
Architecural Design and Construction Administration Services
Patricia H, Birdsall Sport Park - Project No, PW01-17CSD
PREPARED BY:
William G, Hughes, Director of Public Works
Amer Attar, Principal Engineer, CIP
Jon Salazar, Associate Engineer
RECOMMENDATION:
That the Board of Directors:
1) Approve the Second Amendment to the agreement with RJM Design Group, lnc, in the not
to exceed amount of $39,359,48 for additional landscape architectural design and
construction administration services necessary to complete the Patricia H, Birdsall Sports
Park, Project No, PW01-17CSD and authorize the President to execute the amendment;
2) Extend the term of the agreement with RJM Design Group to expire on December31 , 2007,
BACKGROUND: On January 14, 2003 the Board of Directors approved an agreement
with RJM Design Group, lnc, (RJM) in the amount of $621,500,00 plus a 10% contingency of
$62,150,00 for a total agreement amount of $683,650,00 to provide landscape architectural design
and construction administration services for the Patricia H, Birdsall Sports Park, Amendment No, 1
to the agreement in the amount of $11 ,492,00 for additional design services not included in the
original agreement was approved on December 14, 2004; Extra Work Authorizations Nos, 1 and 2
were subsequently approved in the amounts of $25,618,65 and $19,404,83, respectively, Funds for
Amendment No, 1 and Extra Work Authorizations Nos, 1 and 2 were drawn from the agreement
contingency,
The construction work for this project took much longer than originally planned, and thus the amount
of time spent performing the necessary construction administration services also took longer than
originally budgeted, In preparing this second amendment, RJM has considered the amount of work
remaining and determined the required services necessary to assure the work is completed perthe
approved plans and specifications, With this second amendment, the total agreement amount is
$723,009,48
FISCAL IMPACT: At the June 12, 2007 meeting, the City Council approved an
appropriation of $221,000,00 from Development Impact Fees (DIF) - Quimby, to cover final contract
and budget costs for the Patricia H, Birdsall Sports Park, Project No, PW01-17CSD, The
appropriation included this final payment to RJM Design Group, Inc,
ATTACHMENTS:
Amendment No, 2
SECOND AMENDMENT TO AGREEMENT
BETWEEN CITY OF TEMECULA
COMMUNITY SERVICES DISTRICT
RJM DESIGN GROUP, INC.
PATRICIA H. BIRDSALL SPORTS PARK
PROJECT NO. PW01-17CSD
THIS SECOND AMENDMENT is made and entered into as of August 14, 2007 by and
between the City of Temecula, Community Services District a municipal corporation ("District")
and RJM Design Group, Inc. ("Consultant"). In consideration of the mutual covenants and
conditions set forth herein, the parties agree as follows:
1. This Amendment is made with respect to the following facts and purposes:
A. On January 14, 2003 the District and Consultant entered into that certain
agreement entitled "Temecula Community Services District" Agreement for engineering design
services ("Agreement") in the amount of Six Hundred Twenty One Thousand Five Hundred
Dollars and No Cents ($621,500.00).
B. On December 15, 2004 the Agreement was amended for the City
Manager to authorize the expenditure of project contingency in the amount of Eleven
Thousand Four Hundred Ninety Two Dollars and No Cents ($11,492.00). This First
Amendment was not an increase to the contract payment amount.
C. The parties now desire to extend the term of the Agreement to December
31, 2007 and increase the payment for services in the amount of Thirty Nine Thousand Three
Hundred Fifty Nine Dollars and Forty Eight Cents ($39,359.48).
2. Section 1. TERM of the Agreement is hereby amended to read as follows:
TERM This Agreement shall commence on January 14, 2003, and shall remain
and continue in effect until tasks described herein are completed, but in no event
later than December 31, 2007, unless sooner terminated pursuant to the
provisions of this Agreement.
3.
follows:
Section 5 a, PAYMENT. of the Agreement is hereby amended to read as
The District agrees to pay Consultant monthly, in accordance with the payment
rates and schedules and terms set forth hereto and incorporated herein by this
reference as though set forth in full. The First Amendment amount shall not
exceed Thirty Nine Thousand Three Hundred Fifty Nine Dollars and Forty
Cents ($39,359.48) for additional design services to include the additional
design, construction support and administration required due to the extended and
unanticipated duration of the construction contract for a total agreement amount
of Six Hundred Sixty Thousand Nine Hundred Fifty Nine Dollars and Forty
Eight Cents ($660,859.48).
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Agreement shall remain in full force and effect.
R:ICIPIProjectsIPW01.17\AgreementsIRJM Amendment 1
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed the day and year first above written.
TEMECULA COMMUNITY SERVICES DISTRICT
Jeff Comerchero, President
ATTEST:
Susan W. Jones, MMC, City Clerk
Approved As to Form:
Peter M. Thorson, City Attorney
CONSULTANT
RJM Design Group, Inc.
31591 Camino Capistrano
San Juan Capistrano, CA 92675
(949) 493-2600
Robert J. Mueting, President
Larry P. Ryan, Secretary
(Two Signatures Required For Corporations)
2
Ii
-
I.
ITEM NO. 24
I
I
Approvals
City Attorney
Director of Finance
City Manager
j#.f"
~
(JtL,
TEMECULA COMMUNITY SERVICES DISTRICT
AGENDA REPORT
TO:
General Manager/Board of Directors
FROM:
Herman D, Parker, Director of Community Services
DATE:
August 14, 2007
SUBJECT:
Agreement with Tremco/Weatherproofing Technologies, to Provide Preventive
Roof Maintenance Services,
PREPARED BY:
Jerzy Kanigowski, Facility Services Manager
RECOMMENDATION: That the Board of Directors approve the Agreement with
Tremco/Weatherproofing Technologies, Inc, in the amount of$50,000,OO plus a 10% contingency in
the amount of $5,000,00 for Preventive Roof Maintenance Services for Fiscal Year 2007-2008,
BACKGROUND: The Temecula Community Services Department (TCSD) released a
Request for Proposal (RFP) for Preventive Roof Maintenance Services on June 27, 2007, Proposals
were sent to four (4) qualified roof contractors, The TCSD received one (1) proposal from
Tremco/Weatherproofing Technologies, Inc,
Tremco/Weatherproofing Technologies, Inc, has been providing this service to the District for
several years and continues to perform satisfactorily,
The contract will provide roof preventive maintenance services, emergency call-out and repairs
services, at various locations, The cost to provide roof preventive maintenance service for fiscal year
2007-2008 is $29,800,00 and an estimated $20,200,00 is being requested for emergency call-out
and repairs of existing roof systems,
FISCAL IMPACT: The cost of the roof maintenance services contract is $50,000,00 plus
an additional 10% contingency of $5,000,00, Sufficient funds have been included in the Annual
Operating Budgets for Fiscal Year 2007-2008 in the followings accounts: 190-181,190-182,190-
184,190-185,190-188,190-189,197-180,340-701, 340-702 and 001-171,
ATTACHMENTS:
1) Contract
RISIRE REPORTS ET AlIMaintenarce\Jl..genda Report 2007-2005\Trerrco 07-08.doc
TEMECULA COMMUNITY SERVICES DISTRICT
MINOR MAINTENANCE CONTRACT
FOR
MAINTENANCE SERVICES
(Minor Projects)
THIS MAINTENANCE CONTRACT made and entered into as of August 14,
2007, by and between the Temecula Community Services District ("District"), and
TremcolWeatherproofing Technologies, Inc. ("Contractor"), In consideration of the mutual
covenants and conditions set forth herein, the parties agree as follows:
1, TERM. This Contract shall commence on August 14, 2007 and shall remain and
continue in effect until June 30, 2008 unless sooner terminated pursuant to the provisions of
this Contract, The District reserves the option to extend the Agreement under the same terms
and conditions for four (4) additional one-year terms per the attached pricing schedule in Exhibit
B,
2. SCOPE OF WORK. Contractor shall perform all of the work described in the
Scope of Work, attached hereto and incorporated herein as Exhibit A. ("Work") and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment, and all
utility and transportation services required for the Work, All of said Work to be performed and
materials to be furnished for the Work shall be in strict accordance with the specifications set
forth in the Scope of Work,
3. PAYMENT.
a, The District agrees to pay Contractor monthly, in accordance with the
payment rates and schedules and terms as set forth in Exhibit B, 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 is Exhibit B other than the Payment Rates Schedule of payment
are null and void, This amount shall not exceed Fifty Thousand Dollars and 00 Cents
($50,000.00) for the total term of the Contract unless additional payment or change order is
approved as provided in this Contract,
b, Contractor shall not be compensated for any services rendered in
connection with its performance of this contract which are in addition to those set forth herein,
unless such additional services are authorized in advance and in writing by the General
Manager. Contractor shall be compensated for any additional services in the amounts and in the
manner as agreed to be the General Manager and Contractor at the time the District written
authorization is given to the Contractor for the performance of said services,
c, Contractor shall submit invoices monthly for actual services performed
detailing the work performed in a form acceptable to the Director of Finance, Invoices shall be
submitted on or about the first 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 District disputes any of contractor's fees it shall give written notice to
Contractor within 30 days of receipt of invoice of any disputed fees set forth on the invoice,
C:\WI N DOWS\apsdoc\nettemp\4844 \$ASQpdf852891, doc
4. CHANGE ORDERS. The General Manager may approve additional payment up
to ten (10%) of the amount of the Contract, but in no event shall the total sum of the Contract
exceed fifty five thousand dollars ($55,000,00), Change orders exceeding these limits shall be
approved by the Board of Directors,
5. PERFORMANCE. Contractor shall at all time faithfully, competently and to the
best of his or her ability, experience, and talent, perform all tasks described herein, Contractor
shall employ, at a minimum, generally accepted standards and practices utilized by persons
engaged in providing similar services as are required of Contractor hereunder in meeting its
obligations under this Contract,
6. DISTRICT APPROVAL. All labor, materials, tools, equipment, and services shall
be furnished and work performed and completed subject to the approval of the District or its
authorized representatives,
7. WAIVER OF CLAIMS. On or before making final request for payment under
Paragraph 3" above, Contractor shall submit to District, in writing, all claims for compensation
under or arising out of this contract; the acceptance by Contractor of the final payment shall
constitute a waiver of all claims against the District under or arising out of this Contract except
those previously made in writing and request for payment. Contractor shall be required to
execute an affidavit, release and indemnify Contract with each claim for payment.
8. PREVAILING WAGES. Pursuant to the provisions of Section 1773 of the Labor
Code of the State of California, the Board of Directors has obtained the general prevailing rate
of per diem wages and the general rate for holiday and overtime work in this locality for each
craft, classification, or type of workman needed to execute this Contractor from the Director of
the Department of Industrial Relations, Copies may be obtained from the California Department
of Industrial Relations Internet website at htto://www.dir.ca.aov Contractor shall post a copy of
such wage rates at the job site and shall pay the adopted prevailing wage rates as a minimum,
Contractor shall comply with the provisions of Sections 1773,8, 1775, 1776, 1777,5, 1777,6, and
1813 of the Labor Code, Pursuant to the provisions of 1775 of the Labor Code, Contractor shall
forfeit to the District, as a penalty, the sum of $50,00 for each calendar day, or portion thereof,
for each laborer, worker, or mechanic employed, paid less than the stipulated prevailing rates
for any work done under this contract, by him or by any subcontractor under him, in violation of
the provisions of the Contract,
9. SUSPENSION OR TERMINATION OF CONTRACT WITHOUT CAUSE.
a, The District may at any time, for any reason, with or without cause,
suspend or terminate this Contract, or any portion hereof, by serving upon the Contractor at
least ten (10) days prior written notice, Upon receipt of said notice, the Contractor shall
immediately cease all work under this Contract, unless the notice provides otherwise, If the
District suspends or terminates a portion of this Contract such suspension or termination shall
not make void or invalidate the remainder of this Contract,
b, In the event this Contract is terminated pursuant to this Section, the
District shall pay to Contractor the actual value of the work performed up to the time of
termination, provided that the work performed is of value to the District, Upon termination of the
Contract pursuant to this Section, the Contractor will submit an invoice to the District pursuant to
Section 3,
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891, doc
10. DEFAULT OF CONTRACTOR.
a, The Contractor's failure to comply with the provIsions of this Contract
shall constitute a default. In the event that Contractor is in default for cause under the terms of
this Contract, the District shall have no obligation or duty to continue compensating Contractor
for any work performed after the date of default and can terminate this Contract immediately by
written notice to the Contractor. If such failure by the Contractor to make progress in the
performance of work hereunder arises out of causes beyond the Contractor's control, and
without fault or negligence of the Contractor, it shall not be considered a default.
b, If the General Manager or his delegate determines that the Contractor is
in default in the performance of any of the terms or conditions of this Contract, it shall serve the
Contractor with written notice of the default. The Contractor 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 Contractor fails to cure its default within such period of time, the District shall
have the right, notwithstanding any other provision of this Contract, to terminate this Contract
without further notice and without prejudice to any other remedy to which it may be entitled at
law, in equity or under this Contract.
11. INDEMNIFICATION. The Contractor agrees to defend, indemnify, protect and
hold harmless the District, City and/or Agency its officers, officials, employees and volunteers
from and against any and all claims, demands, losses, defense costs or expenses, or liability of
any kind or nature which the District, City and/or Agency its officers, agents and employees may
sustain or incur or which may be imposed upon them for injury to or death of persons, or
damage to property arising out of Contractor's negligent or wrongful acts or omissions arising
out of or in any way related to the performance or non-performance of this Contract, excepting
only liability arising out of the sole negligence of the District,
12. LIABILITY INSURANCE. Contractor shall procure and maintain for the duration
of the contract insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder by the Contractor,
its agents, representatives, or employees,
a, Minimum Scooe of Insurance, Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability coverage
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
Contractor owns no automobiles, a non-owned auto endorsement
to the General Liability policy described above is acceptable,
(3) Worker's Compensation insurance as required by the State of
California and Employer's Liability Insurance, If the Contractor has
no employees while performing under this contract, worker's
compensation insurance is not required, but Contractor shall
execute a declaration that it has no employees,
b, Minimum Limits of Insurance, Contractor shall maintain limits no less
than:
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891, doc
(1) General Liability: $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: $1,000,000 per accident for bodily injury and
property damage,
(3) Workers Compensation: as required by the State of California
Employers Liability: $1,000,000 per accident for bodily injury or
disease,
c, Deductibles and Self-Insured Retentions, Any deductibles or self-insured
retentions must be declared to and approved by the General Manager. At the option of the
General Manager, either the insurer shall reduce or eliminate such deductibles or self-insured
retentions as respects the District, its officers, officials, employees and volunteers; or the
Contractor shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses,
d, Other Insurance Provisions, The general liability and automobile liability
policies are to contain, or be endorsed to contain, the following provisions:
(1) The District, its officers, officials, employees and volunteers are to
be covered as insureds as respects: liability arising out of
activities performed by or on behalf of the Contractor; products
and completed operations of the Contractor; premises owned,
occupied or used by the Contractor; or automobiles owned,
leased, hired or borrowed by the Contractor. The coverage shall
contain no special limitations on the scope of protection afforded
to the District, its officers, officials, employees or volunteers,
(2) For any claims related to this project, the Contractor's insurance
coverage shall be primary insurance as respects the District, its
officers, officials, employees and volunteers, Any insurance or
self-insured maintained by the District, its officers, officials,
employees or volunteers shall be excess of the Contractor's
insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provIsions of the
policies including breaches of warranties shall not affect coverage
provided to the District, its officers, officials, employees or
volunteers,
(4) The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability,
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891, doc
(5) Each insurance policy required by this Contract shall be endorsed
to state: should the policy be cancelled before the expiration date
the issuing insurer will endeavor to mail thirty (30) days' prior
written notice to the District,
(6) If insurance coverage is cancelled 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 District via certified mail,
return receipt requested of the changes to or cancellation of the
policy,
e, Acceotabilitv of Insurers, Insurance is to be placed with insurers with a
current A.M, Best's rating of no less than AVII, unless otherwise acceptable to the District. Self
insurance shall not be considered to comply with these insurance requirements,
f, Verification of Coveraae, Contractor shall furnish the District 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 District. All endorsements are to be received and approved by the
District before work commences, As an alternative to the District's forms, the Contractor's
insurer may provide complete, certified copies of all required insurance policies, including
endorsements effecting the coverage required by these specifications,
g, Contractor, by executing this Contract, hereby certifies:
"I am aware of the provision of Section 3700 of the Labor Code which requires
every employer to be insured against liability for Workman's Compensation or
undertake self-insurance in accordance with the provisions of that Code, and I
will comply with such provisions before commencing the performance of the work
of this Contract,"
13. TIME OF THE ESSENCE. Time is of the essence in this Contract,
14. INDEPENDENT CONTRACTOR.
a, Contractor is and shall at all times remain as to the District a wholly
independent contractor. The personnel performing the services under this Contract on behalf of
Contractor shall at all times be under Contractor's exclusive direction and control. Neither the
District nor any of its officers, employees or agents shall have control over the conduct of
Contractor or any of Contractor's officers, employees or agents, except as set forth in this
Contract, Contractor shall not at any time or in any manner represent that it or any of its officers,
employees or agents are in any manner officers, employees or agents of the District, Contractor
shall not incur or have the power to incur any debt, obligation or liability whatever against the
District, or bind District in any manner.
b, No employee benefits shall be available to Contractor in connection with
the performance of this Contract, Except for the fees paid to Contractor as provided in the
Contract, the District shall not pay salaries, wages, or other compensation to Contractor for
performing services hereunder for District, District shall not be liable for compensation or
indemnification to Contractor for injury or sickness arising out of performing services hereunder.
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891, doc
15. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of State
and Federal laws and regulations which in any manner affect those employed by it or in any way
affect the performance of its service pursuant to this Contract, The Contractor shall at all times
observe and comply with all such laws and regulations, The District, and its officers and
employees, shall not be liable at law or in equity occasioned by failure of the Contractor to
comply with this section,
16. CONTRACTOR'S INDEPENDENT INVESTIGATION. No plea of ignorance of
conditions that exist or that may hereafter exist or of conditions of difficulties that may be
encountered in the execution of the work under this Contract, as a result of failure to make the
necessary independent examinations and investigations, and no plea of reliance on initial
investigations or reports prepared by the District for purposes of letting this Contract out to
proposal will be accepted as an excuse for any failure or omission on the part of the Contractor
to fulfill in every detail all requirements of this Contract, Nor will such reasons be accepted as a
basis for any claims whatsoever for extra compensation or for an extension of time,
17. CONTRACTOR'S AFFIDAVIT. After the completion of the Work contemplated
by this Contract, Contractor shall file with the District Manager his affidavit stating that all
workmen and persons employed, all firms supplying materials, and all subcontractors on the
Work have been paid in full, and that there are no claims outstanding against the project for
either labor or materials, except certain items, if any, to be set forth in an affidavit covering
disputed claims or items in connection with a Stop Notice which has been filed under the
provisions of the laws of the State of California,
18. PROHIBITED INTEREST. No officer, officer, or employee of the District shall
have any interest, direct or indirect, in this Contract of the proceeds thereof the Contractor, or
Contractor's sub-contractors for this project during his/her tenure or for one year thereafter. The
Contractor hereby warrants and represent to the District that no officer or employee of the
District has any interest, whether contractual, non-contractual, financial or otherwise, in this
transaction, or in the business of the Contractor or the Contractor's sub-contractors on this
project, Contractor further aggress to notify the District in the event any such interest is
discovered whether or not such interest is prohibited by law or this Contract.
19. BOOKS AND RECORDS. Contractor's books, records, and plans or such part
thereof as may be engaged in the performance of this Contract, shall at all reasonable times be
subject to inspection and audit by any authorized representative of the District,
20. UTILITY LOCATION. The District acknowledges its responsibilities with respect
to locating utility facilities pursuant to California Government Code Section 4215,
21. REGIONAL NOTIFICATION CENTERS. Contractor agrees to contact the
appropriate regional notification center in accordance with Government Code Section 4215,
22. DISCRIMINATION. Contractor represents that it has not, and agrees that it will
not, discriminate in its employment practices on the basis of race, creed, religion, national origin,
color, sex, age, or handicap,
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891, doc
23. WRITTEN NOTICE. Any notices which either party may desire to give to the
other party under this Contract 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:
To District:
Temecula Community Services District
43200 Business Park Drive
Temecula, California 92590
Attention: District Manager
To Contractor:
Tremco, Inc,
7766 Tierra Tesoro
San Diego, CA 92127
Phone: (760) 271-5622
Contact Person: Matt Fugmann
24. ASSIGNMENT. The Contractor shall not assign the performance of this Contract,
nor any part thereof, nor any monies due hereunder, without prior written consent of the District,
25. LICENSES.
in full force and effect, all
described in this Contract,
At all times during the term of this Contract, Contractor shall have
licenses required of it by law for the performance of the services
26. GOVERNING LAW. The District and Contractor understand and agree that the
laws of the State of California shall govern the rights, obligations, duties and liabilities of the
parties to this Contract and also govern the interpretation of this Contract, Any litigation
concerning this Contract shall take place in the municipal, superior, or federal City court with
jurisdiction over the City of Temecula,
27. ENTIRE CONTRACT. This Contract contains the entire understanding between
the parties relating to the obligations of the parties described in this Contract, All prior or
contemporaneous Contracts, understandings, representations and statements, oral or written,
are merged into this Contract and shall be of no further force or effect, Each party is entering
into this Contract 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.
28. AUTHORITY TO EXECUTE THIS CONTRACT. The person or persons
executing this Contract on behalf of Contractor warrants and represents that he or she has the
authority to execute this Contract on behalf of the Contractor and has the authority to bind
Contractor to the performance of its obligations hereunder.
C:\WI N DOWS\apsdoc\nettemp\4844 \$ASQpdf852891, doc
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be
executed the day and year first above written,
TEMECULA COMMUNITY SERVICES DISTRICT
BY:
Jeff Comerchero, President
Attest:
Susan W, Jones, MMC, City Clerk/Board Secretary
Approved As to Form:
Peter M, Thorson, City Attorney
CONTRACTOR
Tremco, Inc,
7766 Tierra Tesoro
San Diego, CA 92127
Phone: (760) 271-5622
Contact Person: Matt Fugmann
By:
Name:
Title:
By:
Name:
Title:
(Two Signatures Required for Corporations)
C:\WI N DOWS\apsdoc\nettemp\4844 \$ASQpdf852891, doc
EXHIBIT "A"
TASK TO BE PERFORMED
Contractor recognizes and agrees that this Contract is for the purpose of establishing a
contractual relationship between the Temecula Community Services District and the Contractor,
for the future repairs, improvements and maintenance of roof at the various locations upon real
and personal property of the District, Work will include roof preventive maintenance, repairs and
emergency call-out. The procedure for assigning work is set forth as follows:
1, Director of Community Services ("Director") or his designee shall submit to
Contractor a written "Request for Work", The Request for Work shall include a description of
the work to be completed, the time for completion of the work, and the plans and specifications,
if any, work,
2, Within five (5) business days of the date of the Request for Work, Contractor shall
respond in writing to the Request for Work and advise Director whether it can perform the work
and specify the cost of material which will be required and the estimated cost of labor and
equipment necessary to complete the work in accordance with the labor and equipment rates
set forth in Exhibit "B" to this Contract,
3, In the event emergency work is required, the Director may transmit the Request for
Work orally to the Contractor. As soon as practical following the emergency, the Contractor and
Director shall in good faith confirm in writing the scope of the emergency work undertaken,
4, Upon acceptance of the Contractor's response by the Director, the Contractor shall
proceed with the work, The performance of the work shall be pursuant to the terms of this
Contract,
THE PREVENTIVE ROOF MAINTENANCE PROGRAM DESCRIBED IN THIS SCOPE OF
WORK, ARE FOR LOCATIONS LISTED BELOW:
LOCATIONS:
. City Hall, 43200 Business Park Drive, Roof Size approximate 14,774 Sq, Ft. Roof
Type: Flat.
. Maintenance Facility, 43210 Business Park Drive, Roof Size: approximate 7,980 Sq, Ft.
Roof Type: Flat.
. Community Recreation Center, 30875 Rancho Vista Road, Roof Size approximate:
15,931 Sq, Ft. Roof Type: Slope & Flat
. Temecula Community Center, 28816 Pujol Street, Roof Size: approximate: 7,305
Sq, Ft. Roof Type: Slope & Flat
. Mary Phillips Senior Center, 41845 6th Street, Roof Size approximate: 11,898 Sq, Ft.
Roof Type: Slope & Flat
. Temecula Valley Museum, 28314 Mercedes Street, Roof Size approximate: 5,760 Sq,
Ft. Roof Type: Slope & Flat
. Chapel of Memories, 28300 Mercedes Street, Roof Size approximate: 2,476 Sq, Ft.
Roof Type: Slope
. Temecula Children's Museum, 42081 Main Street, Roof Size approximate 7,500 Sq, Ft.
Roof Type: Flat
C:\WI N DOWS\apsdoc\nettemp\4844 \$ASQpdf852891, doc
. Fire Station 84, 30650 Pauba Road, Roof Size approximate 12,480 Sq, Ft. Roof Type:
Slope & Flat
. Fire Station 73, 27415 Enterprise Circle West, Roof Size approximate 5,000 Sq, Ft.
Roof Type: Flat
. Old Town Community Theater 42051 Main Street, Roof Size approximate 20,700
Sq, Ft. Roof Type: Slope & Flat
. Temecula Valley Library Pauba Road, Roof Size approximate 34,000 Sq, Ft. Roof Type:
Slope & Flat
D Field Operation Center, 43200 Business Park Drive, Roof Size approximate 9,000
Sq, Ft. Roof Type Slope & Flat
Contractor and the District hereby agree that subject to the terms, conditions and limitations
stated herein, Contractor will provide the following services to the District on the District's
Roofing System described above (hereinafter" CRS"), The annual price will be held for a five
year period, The services being offered by the Contractor include the following:
A. LEAK RESPONSE PROGRAM
For each leak in the CRS which is covered under this Agreement, the District shall immediately
within 24 hours call Contractor and report the roof leak, location, District's site contact
representative, leak severity and any other information which may be useful to Contractor in
responding to the leak, Contractor will promptly (within 24 hours) deploy a contractor to respond
to the leak, If leaks due to sources that are not covered by this agreement, customer will be
billed at the pre-arranged billing rate, Otherwise, Contractor will pay for the leak repairs, If
necessary, a follow-up inspection to the CRS leak area will be conduct to examine the repair
quality and identify additional roofing concerns, If leaks have been reported, a leak activity
report will be provided to the District on a quarterly basis, These reports will provide the
following:
1, Number of customer calls into the system,
2, Response time for each call.
3, Overview and/or follow up recommendations,
B. INSPECTIONS, HOUSEKEEPING AND PREDICTIVE MAINTENANCE
On a semi-annual basis during the term of this Agreement, Contractor shall provide roof
inspections, routine preventive maintenance and general housekeeping services on the CRS,
on a schedule to be agreed upon by Contractor and the District.
Roof inspection services are as follows:
1, Visual inspection of the roof membrane and roof surface conditions,
2, Inspection of the flashing systems including, but not limited to, the metal
edge system, base flashing on equipment and adjoining walls,
counterflashing and termination details, soil stacks and vents, and
inspection of rooftop projections and equipment including, but not limited t
to, pitch pans, HVAC equipment, skylights and access hatches,
Roof inspection services do not include:
1, Inspection of water damage or mold growth,
2, Detection or identification of mold,
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891, doc
Preventive maintenance services are as follows (NOTE: Preventive maintenance involves work
that is meant to keep the roof in its present condition, It does not include extensive repairs or
restoration of a deteriorated roof intended to improve its condition to maintainable roof, If such
extensive repairs are necessary, you will be made aware of what is needed to be done to bring
the individual roof to maintainable condition,)
1, Metal edge flashing components - incidental tears, splits and breaks in the
membrane flashings will be repaired with appropriate repair mastics and
membranes,
2, Incidental tears and splits in the flashing membrane will be repaired with
appropriate repair mastics and membranes, Incidental open or split flashing strip-
ins will be repaired with appropriate repair mastics and membranes, Unsecured
rooftop equipment will be secured, Exposed fasteners will be sealed, Intermittent
voids in termination bar and counterflashings sealant will be resealed,
3, Roof membrane maintenance repairs - incidental tears, breaks and spits in the
flashing membrane will be repaired with appropriate repairs mastics and
membranes, Incidental splits and blisters that threaten the roof integrity will be
cleaned, primed and repaired with appropriate repair mastics and membranes,
Intermittent voids in metal projections (hoods and clamps) sealants will be
resealed,
4, Preventive maintenance services do not include:
a, Repairs or maintenance of any building component other than the roofing
system,
b, Remediation or abatement of mold,
c, Recoating of roof membranes,
General rooftop housekeeping services are as follows:
1, Removal of debris (Le" leaves, branches, paper and similar items) from the roof
membrane (excluding HVAC and other major equipment),
2, Removal of debris from the roof drains, gutters and scuppers,
3, All debris will be disposed of at the District's expense at District's approved on-
site location,
(Housekeeping and general rooftop preventive maintenance does not absolve the
building District/customer fro keeping effluent and debris from the roof surface,
Production-related material is excluded as part of thehousekeeping, Additionally, it the
scheduled cleaning is insufficient to maintain the roof integrity, customer must pay for
additional cleaning/inspections or assume responsibility for such c1eanings, Customer
agrees that all debris on or removed from the roof is the sole property of Customer and it
is the sole responsibility of Customer to properly dispose of said debris,)
C. ANNUAL ROOF INSPECTION
As part of one semi-annual inspection, Contractor will provide an annual roof inspection report,
The annual report shall become part of the roof database which will be maintained on the roof
system for the life of this agreement. Roof inspection reports will not address the presence of
water damage to any building component other than the roofing system or the presence of
mold,
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891, doc
D. STORM REPORTS
Upon notification by the District, Contractor will provide a roof inspection and a corresponding
report after a major storm to ensure timely repairs, This inspection may coincide with the semi-
annual roof inspection, if the timing is close to this planned inspection,
E. DISTRICT'S RESPONSIBILITIES
It is agreed by the parties that Contractor by this Agreement does not assume possession or
control of any part of the CRS, Control and ownership of the CRS and all parts of the Building
remains solely with the District, The District is solely responsible for all requirements imposed by
any federal, state or local law, ordinance or regulation, and all repair, maintenance and other
work with respect to the CRS and the Building, except as expressly stated by this Agreement.
The District shall at all times exercise reasonable care in the use and maintenance of the CRS,
Immediate repair of leaks is critical to prevent water damage and mold growth, Some authorities
believe that mold will start to grow on building components with 24 hours of significant flooding
or leakage, If the District does not immediately report leaks in accordance with the leak
response program offered herein, In no event is Contractor responsible for any repairs to any
part of the Building other than the CRS, The liability or expense for such repair is to be assumed
and paid by the District, If the leak is not within the Service Agreement coverage, Contractor
shall advise the District, and the District shall have repairs performed within thirty (30) days
according to Contractor specifications, The District agrees to provide Contractor with
unrestricted ready access to the CRS and all areas of the Building on which the CRS is located,
F. SERVICE AGREEMENT EXCLUSIONS
This Service Agreement does not cover any leaks or damage or failure of the CRS or any part
thereof as result of:
1, Natural or accidental disaster, including but not limited to, damage caused by
lighting, hailstorms, floods, gale force winds (32 mph or greater), tornadoes,
earthquakes, fire, vandalism, animals, penetration of the membrane or chemical
attach by outside agents,
2, Any intentional or negligent act on the part of the District or third party including,
but not limited to, misuse, traffic or storage of materials on the roof, Any repair of
these items will be at District's expense,
3, Distortion, expansion or contraction of the CRS caused by faulty original
construction or design of building components, including parapet walls, copings,
chimneys, skylights, vents or roof deck,
Additionally, this agreement excludes recoating or resurfacing of the flood coat and reflective
coating of the CRS,
G. SERVICE AGREEMENT LIMITATIONS
Contractor shall have no responsibility and or liability under this Service Agreement until the
Service Agreement price has been paid in full. The District's rights under this Service
Agreement are specific to the District and are not transferable,
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891, doc
Contractor obligation under this Agreement may be voided by Contractor based on events
described in Section F, change in usage of the Building without the prior written approval of
Contractor, repairs, alterations, penetrations of the attachments to the CRS without the prior
written approval of Contractor, building settlement, deterioration, cracking or failure of the roof
deck, coping and parapet walls, infiltration or condensation of moisture in, through or around
walls, copings, underlying structure, hardware or equipment, or failure of the District to comply
with its obligations described in this Agreement
H. OTHER TERMS
Contractor will be excused from performing under this Agreement if prevented or delayed by
events not within its control, including events such as floods, fires, accidents, riots, explosions,
governmental order, acts of or omissions of contract CRS or other third parties, inability to
access the CRS, etc,
The District agrees that this Agreement, and the services and remedies set forth herein,
exclusive, and there are no other agreements between the District and Contractor
affiliate,
are
or any
DISTRICT MAY REQUEST CONTRACTOR TO MAKE REPAIRS WHICH ARE BEYOND
THE SCOPE OF PREVENTIVE MAINTENANCE SERVICES OUTLINED ABOVE OR TO
MAKE REPAIRS TO ROOFS ON FACILITIES NOT LISTED HERE. THESE ADDITIONAL
MAINTENANCE REPAIRS, WILL BE BASED ON CURRENT TIME AND MATERIAL COSTS,
AS STATED IN ATTACHMENT "B", TITLED "EXHIBIT B PAYMENT RATES AND
SCHEDULE".
IIIIII
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891, doc
EXHIBIT "B"
PAYMENT RATES AND SCHEDULE
PREVENTIVE ROOF MAINTENANCE PROGRAM
LOCATIONS PRICE PER PRICE PER PRICE PER PRICE PER PRICE PER
2008 2009 2010 2011 2012
I CITY HALL, 43200 Business Park $2,581.00 $2,582.00 $2,581 00 $2,581.00 $2,581.00
Drive
I TEMECULA VALLEY MUSEUM, $956.00 $956.00 $956.00 $956.00 $965.00
28314 Mercedes Street
1 MARY PHILLIPS SENIOR $1,032.00 $1,032.00 $1,032.00 $1,032.00 $1,032.00
CENTER. 41845 6th Street
I CHAPEL OF MEMORIES, 28300 $956.00 $956.00 $956.00 $956.00 $956.00
Mercedes Street
I TEMECULA COMMUNITY $956.00 $956.00 $956.00 $956.00 $956.00
CENTER, 28816 Puiol Street
1 "TEMECULA CHILDREN'S $2,151.00 $2,151.00 $2,15100 $2,151.00 $2,151.00
MUSEUM. 42081 Main Street
COMMUNITY RECREATION $3,795.00 $3,795.00 $3,795.00 $3,795.00 $3,795.00
CENTER, 30875 Rancho Vista
Road
1 FIRE STATION 84, 30650 Pauba $1,666.00 $1,666.00 $1,666.00 $1,666.00 $1,666.00
Road
I MAINTENANCE FACILITY, $956.00 $956.00 $956.00 $956.00 $956.00
43100 Business Park Drive
I FIRE STATION 73, $2,151.00 $2,151.00 $2,15100 $2,151.00 $2,151.00
27415 Enterprise Circle West
"OLD TOWN COMMUNITY $7,294.00 $7,294.00 $7,294.00 $7,294.00 $7,294.00
THEATER, 42051 Main
Street
I "TEMECULA VALLEY LIBRARY, $3,306.00 $3,306.00 $3,306.00 $3,306.00 $3,306.00
Pauba Road
I" FIELD OPERATION CENTER $2,000.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00
43200 Business Park Drive
** SUPPLEMENTAL SERVICES
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891. doc
EXHIBIT "B"
(Continue)
ALTERNATE BID ITEMS-For repair or extra work authorized by District
I MARK-UP ADDED TO CONTRACTOR'S WHOLESALE PRICE OF PARTS & EQUIPMENT
HOURLY RATE PER REGULAR MAN HOUR-8am To 5pm Monday through Friday
HOURLY RATE PER OVERTIME MAN HOUR-After-hours, Weekends, Holidays, etc.
*Billed in half day increments, minimum one half day,
% 25
$93,75*
$93,75*
Signature of Authorized Representative
Name and Title
C:\WI N DOWSlapsdoclnettemp\4844 \$ASQpdf852891. doc
REDEVELOPMENT
AGENCY
Ii
-
I.
ITEM NO. 25
I
I
MINUTES OF A REGULAR MEETING
OF
THE TEMECULA REDEVELOPMENT AGENCY
JULY 24, 2007
A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:41
p,m" in the City Council Chambers, 43200 Business Park Drive, Temecula, California,
ROLL CALL
PRESENT:
5
AGENCY MEMBERS:
Comerchero, Naggar, Roberts,
Washington, and Edwards
ABSENT:
o
AGENCY MEMBERS:
None,
Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones,
PUBLIC COMMENTS
No comments,
RDA CONSENT CALENDAR
20 Minutes
RECOMMENDATION:
20,1 Approve the minutes of July 10, 2007,
MOTION: Agency Member Washington moved to approve the Consent Calendar. Agency
Member Roberts seconded the motion and electronic vote reflected unanimous aooroval.
JOINT CITY COUNCIL/REDEVELOPMENT AGENCY BUSINESS
21 Temecula Promenade Mall East Parkina Facilitv Owner Particioation Aareement. Ground
Sublease, Rina Road Enhancement Aareement. and Parkina Manaaement Aareement
RECOMMENDATION:
21,1 The City Council adopt a resolution entitled:
RESOLUTION NO. 07 -63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA MAKING
CERTAIN FINDINGS FOR THE USE OF TAX INCREMENT FUNDS FOR THE
PURCHASE OF THE EAST PUBLIC PARKING FACILITY PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445
R:\Minutes\072407
21.2 The City Council adopt a resolution entitled:
RESOLUTION NO. 07 -64
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA
APPROVING AN OWNER PARTICIPATION AGREEMENT, A GROUND
SUBLEASE, AND A PARKING MANAGEMENT AGREEMENT FOR THE EAST
PARKING FACILITY, AND APPROVING THE RING ROAD ENHANCEMENT
AGREEMENT FOR THE PROMENADE MALL
21.3 The Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 07 -05
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA MAKING CERTAIN
FINDINGS FOR THE USE OF TAX INCREMENT FUNDS BY THE AGENCY FOR
THE PURCHASE OF THE EAST PUBLIC PARKING FACILITY PURSUANT TO
HEALTH AND SAFETY CODE SECTION 33445
21.4 The Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 07 -06
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA APPROVING AN
OWNER PARTICIPATION AGREEMENT, A GROUND SUBLEASE FOR THE
EAST PARKING FACILITY, AND A PARKING MANAGEMENT AGREEMENT
FOR THE EAST PARKING FACILITY
21.5 The Redevelopment Agency adopt a resolution entitled:
RESOLUTION NO. RDA 07 -07
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE TEMECULA
REDEVELOPMENT AGENCY OF THE CITY OF TEMECULA DESIGNATING
CONSULTANTS IN CONNECTION WITH THE PROPOSED ISSUANCE OF TAX
ALLOCATION BONDS FOR PARKING FACILITIES AND AUTHORIZING AND
DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO
City Attorney Thorson provided a staff report, stating that the recommended actions before the
City Council and Redevelopment Agency will provide for three significant actions, as follows:
D That the first would be the Redevelopment Agency's acquisition of 936 public parking
spaces in the proposed east parking facility at the Promenade Mall
D That the second lNOuld be tax allocation bonds which would finance the purchase with
debt service paid from the tax increment revenues of the Agency
D That the third would be substantial improvements to the ring road surrounding the mall
and the approval of an agreement to accomplish that
R:\Minutes\072407
2
City Attorney Thorson added that the actions will proceed as follows:
D That the developer of the mall, Forest City, will construct the east parking facility
(adjacent to Edwards Cinema); that once the facility is constructed, Forest City will
sublease the land to the Agency for a period of 30 years at a rent of $1 per year; that the
Agency will then purchase the east parking facility from Forest City for a sum of $11
million; that the $11 million purchase would be half of the cost of constructing the facility
which would be over $22 million
D That upon the expiration of the ground lease after 30 years, the ownership of the public
parking facility will revert to Forest City which is a typical condition of a ground lease
agreement
D That the $11 million payment will be made in two installments; that the first will be
approximately $7 million -- made at the time the mall expansion opens which is
estimated to be March 26, 2009; that the second installment of approximately $4 million
will be made when the bond funds are released from escrow which is estimated to be
approximately 18 months after the mall expansion opens
D That the east parking facility will be managed by Forest City under the terms of the
Parking Management Agreement being responsible for insurance, maintenance, and
operations of the garage
D That of the 936 parking spaces, 75 parking spaces will be dedicated to a park and ride
but that no other overnight parking will be permitted
D That the second action initiated would be the beginning of the process for the issuance
of the Agency tax allocation bonds to provide for the purchase price of the east parking
facility; that the bond documents are expected to be approved by the Agency by
September 2007 and that the bonds will be issued in October 2007; that the debt service
on the bonds will be paid by the increment funds of the Redevelopment Agency
D That the debt service is estimated to be $875,000 per year; that it is estimated that the
new sales tax revenues to the City as a result of the mall expansion will be
approximately $1.1 million per year; that the tax increment to the Agency from the mall
expansion will be approximately $200,000 per year; that there would be a net increase in
the accumulated tax revenue to the Agency and the City
D That at the present time, the Agency's tax increment would not be enough to support the
full issuance of the bonds, but that under very conservative estimates, such would occur
approximately 18 months after the mall opens
D That the bonds will be issued in its full amount and will be placed in escrow; and that
when the tax increment rises to a certain level, they will be set forth in the bond
documents at which time the trustee will release the funds
D That the third action would be the ring road improvements; that this agreement will
provide for various types of improvements to the ring road such as traffic lanes being
reconfigured, traffic signals being added, upgraded traffic signage and street markings,
enhancement of pedestrian crossings, coordination ring road traffic signals, and
upgrades to access points for the Power Center and Bel Villagio
D That Director of Public Works Hughes will be working with Forest City to develop a ring
road enhancement plan; that both entities will work with major department stores which
would have a contractual right to approve any changes on the ring road; that once all
parties are in agreement of the enhancement plan, it will be forwarded to the Planning
Commission and then to the City Council
D That once approved by the City Council, Forest City will begin the ring road
improvements; and that it would be anticipated to be completed prior to the opening of
the mall expansion
R:\Minutes\072407
3
D That staff would be confident that the ring road improvements will make a significant
improvement
D That the construction costs for the ring road improvements will not exceed $2 million and
that Forest City would be of the opinion that it would be less than $2 million
D That staff would expect the improvements to be completed by March 26, 2009, which
would be the opening of the mall expansion
D That there would be two aspects of security: that the Agency will be buying the east
parking structure for $11 million; that of the $11 million purchase price, $4 million will be
withheld until such time as the plan is approved by the major department stores and the
ring road is completed; that the $4 million withheld will be lowered to $2 million once the
plan is approved by the City Council and major department stores and will be dissolved
once the ring road improvements have been completed; that the second aspect of the
security is that once the ring road plan has been approved and if it were not constructed
or not completed by the opening of the mall expansion, the City will be entitled to take
over the construction of the ring road and not limited by the $2 million construction
figure; and that Forest City's parent company will guarantee either the completion of the
ring road or the payment to the City of all associated costs.
In response to the Mayor/Director Washington's query, City Manager/Executive Director Nelson
stated that the intent would be to eliminate blight and promote economic development within the
project area; that there would be several findings made that identify the appropriateness of the
utilization of the redevelopment funds for this particular project, advising that the parameters of
this project would meet those specific requirements.
City Attorney Thorson concurred with comments made by City Manager/Executive Director
Nelson, adding that seven different findings have been made and that this would be viewed as a
part of the City's tourism industry.
MOTION: Agency Member Comerchero moved to approve Item No. 21.1 and 21.2. Agency
Member Robert seconded the motion and electronic vote reflected unanimous aooroval.
MOTION: Agency Member Comerchero moved to approve Item No. 21.3, 21.4, and 21.5.
Agency Member Roberts seconded the motion and electronic vote reflected unanimous
aooroval.
City Attorney Thorson advised that the issuance of bonds will be addressed in September,
2007, and that the approval of the ring road enhancement plan will be forwarded to the City
Council no later than April, 2008, after review by the Planning Commission.
RDA DEPARTMENTAL REPORT
22 Redevelooment Deoartment Monthlv Reoort
RDA EXECUTIVE DIRECTORS REPORT
Commending Mr. Kenneth Lee of Forest City, City Manager Nelson stated that after many
months of involved negotiations, Mr. Lee has been a professional leader and would be looking
forward to seeing the mall expansion project move forward
R:\Minutes\072407
4
RDA AGENCY MEMBERS REPORTS
No additional comments.
RDA ADJOURNMENT
At 7:58 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to
Tuesday, August 14, 2007, at 5:30 p.m., for a Closed Session, with regular session commencing
at 7:00 p.m., City Council Chambers, 43200 Business Park Drive, Temecula, California.
Maryann Edwards, Chairman
ATTEST:
Susan W. Jones, MMC
City Clerk/Agency Secretary
[SEAL]
R:\Minutes\072407
5