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HomeMy WebLinkAbout091107 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 AT THE DUCK POND 28250 RANCHO CALIFORNIA ROAD SEPTEMBER 11, 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: 07-72 CALL TO ORDER: Mayor Chuck Washington Prelude Music: Great Oak High School Band Invocation: Rabbi Yitzchok Hurwitz of Chabad of Temecula Valley Flag Salute: Council Member Roberts ROLL CALL: Comerchero, Edwards, Naggar, Roberts, Washington PRESENTA TIONS/PROCLAMA TIONS Certificate of Achievement oresented to Garrick Alan Davies for attainina the rank of Eaale Scout Master Chief Rich Strehl Dav 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 August 21, 2007; 2.2 Approve the minutes of August 28, 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 2 4 Citv Treasurer's Reoort as of Julv 31. 2007 RECOMMENDATION: 4.1 Approve and file the City Treasurer's Report as of July 31, 2007. 5 Financial Statements for the Fiscal Year Ended June 30. 2007 RECOMMENDATION: 5.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007; 5.2 Decrease Transfers Out in the Development Impact Fund and Transfers in the Capital Improvement Fund in the amount of $509,976. 6 Third Amendment to a Professional Services Allreement for the Main Street Bridae Over Murrieta Creek !Reolacement) Proiect No. PW03-0~ RECOMMENDATION: 6.1 Approve the Third Amendment to the agreement with Simon Wong Engineering in an amount not to exceed $322,305.00 for additional services necessary to complete the Plans, Specifications and Estimate (PS&E) and the Environmental Document for the Main Street Bridge Over Murrieta Creek (Replacement) - Project No. PW03-05; and authorize the Mayor to execute the amendment; 6.2 Authorized the City Manager to approve Extra Work Authorizations not to exceed the contingency amount of 10% of the amendment ($32,230.50). 7 Amendment NO.1 to Agreement for Consultant Services Apreement between the Citv of Temecula and David Turch & Associates for Federal Lobbvist Service RECOMMENDATION: 7.1 Approve an amendment for Federal legislative services to be provided by David Turch & Associates in the amount of $40,200 for the FY 07/08 operating budget. 8 First Amendment to Aareement for Consultant Services between the City of Temecula and Albert A. Webb and Associates for the Santa Maraarita Ecoloaical Reserve Area Annexation Environmentallmoact Reoort RECOMMENDATION: 8.1 Approve the first amendment to the agreement between the City of Temecula and Albert A. Webb and Associates for the Santa Margarita Ecological Reserve Area Environmental Impact Report for an additional $30,000. 9 Amendment NO.1 to Food and Beveraae Sales Aareement with A&B Desert Services DBA "Grounds for Hire" 3 RECOMMENDATION: 9.1 Approve Amendment NO.1 to the Food and Beverage Sales Agreement with A&B Desert Services DBA "Grounds for Hire", removing the operations of the coffee cart at the Old Town Temecula Community Theater from the agreement. 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. 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 10 Minutes RECOMMENDATION: 10.1 Approve the minutes of August 28, 2007. 11 Financial Statements for the Fiscal Year Ended June 30. 2007 RECOMMENDATION: 11.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007. 12 Securitas Securitv Aareement RECOMMENDATION: 12.1 Approve an Agreement between the Temecula Community Services District and Securitas Security Services USA Inc. to provide security services in the amount of $48,000. 4 13 Food and Beveraae Sales Aareement with Full Value Entertainment RECOMMENDATION: 13.1 Approve an agreement with Full Value Entertainment to provide concession services at the Old Town Temecula Community Theater. CSD DIRECTOR OF COMMUNITY SERVICES REPORT CSD GENERAL MANAGERS REPORT CSD BOARD OF DIRECTORS REPORTS CSD ADJOURNMENT 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 14 Minutes RECOMMENDATION: 14.1 Approve the minutes of August 28, 2007. 15 Financial Statements for the Fiscal Year Ended June 30. 2007 RECOMMENDATION: 15.1 Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007; 5 15.2 Approve an increase of $615,700 for property tax increment in the Debt Service Fund; 15.3 Approve an appropriation of $200,000 for pass-through agreements in the Debt Service Fund. 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 ADJOURNMENT Next regular meeting: City Council Regular, Tuesday, September 25, 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. 6 PROCLAMA TIONS AND PRESENTATIONS The City of Temecula Certificate of Achievement The City Council of the City ofTemecula commends the outstanding achievement of Garrick Alan Davies of Troop #301 We congratulate Garrick for his achievement on receiving the rank of Eagle Scout. We are proud to present Garrick 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 II th day of September, 2007. Chuck Washington, Mayor Susan W. Jones, MMC City Clerk The City of Temecula PROCLAMATION WHEREAS, Master Chief Strehl joined the United States Navy in November 1977; and WHEREAS, Master Chief Strehl qualified as an Aviation Ordnanceman in August 1978; and WHEREAS, Master Chief Strehl served the Patrol and Reconnaissance community enjoying many successes; and WHEREAS, Master Chief Strehl advanced to Aviation Ordnanceman Senior Chief in the spring of 1993; and WHEREAS, Master Chief Strehl received leadership training in 2002 at the Navy Senior Enlisted Academy, Newport, Rl; and WHEREAS, Master Chief Strehl was awarded the Fleet Reserve Association Personal Excellence and Physical Readiness Award; and WHEREAS, Master Chief Strehl was the Command Master Chieffor the world famous Blue Wolves ofVS-35; and WHEREAS, Master Chief Strehl was the Command Master Chief for the world famous Wolfpack ofHSL-45; and WHEREAS, Master Chief Strehl has been awarded the Meritorious Service Medal, Navy and Marine Corps Commendation Medal, and the Navy and Marine Corps Achievement Medal. NOW, THEREFORE, I, Chuck Washington, on behalf of the City Council of the City of Temecula, hereby proclaim August 24,2007, to be "Master Chief Rich Strehl Day" IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of T emecula to be affixed this twenty-fourth 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 SPECIAL MEETING OF THE TEMECULA CITY COUNCIL AUGUST 21, 2007 The City Council convened at 3:01 p.m. on Tuesday, August 21, 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. COUNCIL BUSINESS 1. Murrieta Creek Phase IIlmorovements Thanking all representatives for their attendance of this meeting, Council Member Edwards introduced Assistant City Manager Johnson. Assistant City Manager Johnson provided a brief staff report (of written material), and introduced Riverside County Flood Control Representative Rusty Williams. Mr. Williams thanked the City for its initiation of the meeting and provided a brief history as to the funding mechanism and phases of the proposed restoration project. Mr. Williams introduced Riverside County Flood Control representative Zully Smith and Project Manager Army Corps of Engineers, David Vandorpe. Deputy District Engineer of the Army Corps of Engineers, Brian Moore, congratulated the Cities of Temecula and Murrieta for the retention of $11.2 million dollars already appropriated for this project, advising that this project would be ahead of the many needed projects around the country; and commented on the competition for Federal funds. By way of PowerPoint Presentation, Ms. Smith and Mr. Vandorpe provided a report with regard to the completion of the entire Murrieta Creek Flood Control Environmental Restoration and Recreation Project, highlighting the following aspects of the project: D Murrieta Creek Rancho California Bridge Restoring the Levees in 1993 D Corps of Engineers contacted in 1993 D Congressional Authorization for project in 2000 D 35% Non Federal Contribution and Leases, Easements, Rights-of-Way, Relocation, and Disposal (LERRDS) D Existing Condition and Proposed Design D Murrieta Creek Phase 1 - Construction D Murrieta Creek Phase 2 - First Street Bridge to Winchester Road D Murrieta Creek Phase 3 - Detention Basin D Murrieta Creek Phase 4 - Elm Street to Tenaja Road D Flood Control Element D Environmental Restoration Project D Recreation Element - Sports Park D Recreation Element - Trails D Schedule D Funding. RIMinutesl082107 For Mayor McAllister, Mr. Vandorpe advised that the construction costs of Phase 3 would be significantly more than Phase 2; that the cost would be approximately $29 to $30 million which would include construction as well as land; and that the project would need to be built from down stream to up stream. In response to Mayor Pro Tern Gibbs' query, Deputy District Engineer Moore relayed that there was not a FY-2008 submittal from the United States Army; that due to the issues of Hurricane Katrina, funds are being appropriated by Congress; and that the president was of the opinion that other water projects around the country were in greater need; that the FY-2009 budget will be released in February 2008; and that the need for this project as well as other projects is always articulated to the president. Riverside County Flood Control Representative Williams commended the City on the funds that it has received for this project. For Mayor Washington, Mr. Williams relayed that he would not recommend changing the design plan for the project; that the project has been federally authorized and that if significant changes were to occur, staff would be required to provide another environmental document and would need to go through another authorization process. Mayor Washington added that the project would offer a recreational aspect as well as a habitat environment. For Field Representative Lane of Assemblyman Jeffries' Office, Mr. Vandorpe noted that the proposed time frame as shown by way of PowerPoint would be the optimal schedule but will be adjusted with the FY-2008 budget; and that the $13 million for Phase 2 would include construction costs, design costs, management costs, and environmental documentation costs. For Ms. Long, representing the Resource Conservation District, Mr. Williams noted that the project would have a natural environmental stream with ponding, noting that there will be no maintenance involved. Referencing Council Member Edwards' question, Mr. Moore relayed that money from the City may be advanced and credited up to its local share. Council Member Roberts noted that it would be his opinion that the flood control project should be restructured. Mayor McAllister queried on how the two cities can help with the efforts to deliver the message in the most effective manner. Representing Congressman Issas's Office, Mr. Paule suggested that the Cities inform senators of this regard and its funding needs. Mr. Garrett, representing Senator Boxer's Office, encouraged staff to continue with itsefforts and to apply for grants for the recreational aspect portion and water quality portion; and that staff may explore www.cfda.qov for more information. City Manager Nelson relayed that a presentation would need to be taken to Congress that would graphically depict the impacts to the region of a 1 OO-year storm. Mayor McAllister concurred with City Manager Nelson's suggestion of presenting a full PowerPoint Presentation depicting the impacts of a 1 OO-year storm. RIMinutesl082107 2 Representing Congressman Bono's Office, Ms. Wright advised that a grant workshop with regard to municipalities applying for grants will be conducted in Murrieta, November 2007. Council Member Comerchero noted that perhaps it would be necessary to hire consultants to give direction to staff on how to deliver the message and presentation to acquire the funds needed. Mayor Washington concurred with Council Member Comerchero's comment. Mr. Williams also noted that it would be beneficial to relay the indirect impacts of flooding. Mr. Carrillo, representing Senator Feinstein's Office, stated that in order to acquire funds form the federal government, the region of Southwest Riverside County would have to demonstrate that the project was the top priority in the county. He also suggested that maybe not all the aspects of the creek project would be critical such as a 50-acre sports project. Mr. Truet, Temecula, queried on the amount of money being requested. Mr. Williams noted that Phase 2 would be estimated to be $13 million. Mr. Herb Smith, Temecula, thanked the Council for its efforts in moving this project forward. Thanking the City Council for bringing this meeting forward and providing a history with regard to the Murrieta Creek project, Mr. Enoch, Temecula, relayed that it would be important to put the pressure on the representatives of the two cities. Field representative Lane suggested that the continuation of monthly meetings with regard to the Murrieta Creek Flood Control, Environmental Restoration and Recreation project. City Manager Nelson relayed the importance of creating a presentation that will give history to the damage that was caused in 1993, demonstrating the regional impacts of a 1 OO-year storm. Council Member Edwards thanked all for attending the meeting. ADJOURNMENT At 4:47 p.m. the City Council meeting was formally adjourned to Tuesday, August 28, 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] RIMinutesl082107 3 MINUTES OF A REGULAR MEETING OF THE TEMECULA CITY COUNCIL AUGUST 28, 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, August 28,2007, in the City Council Chambers of Temecula City Hall, 43200 Business Park Drive, Temecula, California. Present: Council Members: Comerchero, Edwards, Roberts, Washington Absent: Council Members: Naggar. PRELUDE MUSIC The prelude music was provided by Taylin 1m. INVOCATION The invocation was provided by Pastor Leon Franklin of Living Word Church. PLEDGE OF ALLEGIANCE The pledge of allegiance was presented by Council Member Comerchero. PRESENTA TIONSIPROCLAMA TIONS Certificate of Aooreciation to Walt Allen for his service on the Old Town Local Review Board For his many contributions, Mayor Washington presented outgoing Board Member Allen with a Certificate of Appreciation for his nearly nine years of dedicated service to the Old Town Local Review Board. Accepting the Certificate of Appreciation, Mr. Allen relayed that he has enjoyed his time on the Old Town Local Review Board and thanked the City Council for the recognition. PUBLIC COMMENT A. Ms. Claudia Keaton, Temecula, expressed concern with the uncontrolled growth of the Farmer's Market. B. Mr. Doc Lane, Temecula, requested that the City Council explore the opportunity to revitalize the Murrieta Creek by implementing a riverwalk with specialty shops and restaurants and requested that an Environmental Impact Report (EIR) with regard to the future Civic Center in Old Town be implemented. C. Ms. Linda Del Rio, Temecula, expressed concern with the potential closure of Sixth Street, commenting on the impact it would have on her business, especially on the weekend. D. Mr. Richard Leigh, Murrieta, expressed concern with the Old Town Farmer's Market turning into a flea market. RIMinutesl082807 E. Also expressing concern with the growth of vendors of the Farmer's Market, Ms. Carol Stout stated that she had an opportunity to review the licensing agreement between the Redevelopment Agency and the Farmer's Market Management, Inc., advising that the agreements permits no more than 20 craft vendors and that 10 of these vendors may be reserved on a first right of refusal by the Old Town merchants; and requested that the City and Management, Inc. abide by its rules and conditions of the agreement. F. Ms. Evelyn Honeu, Temecula, read a letter written by the Old Town Temecula Business Association with regard to the Farmer's Market/Flea Market in Old Town. G. Ms. Lorena Spencer, Temecula, clarified that the Old Town merchants would not be against a Farmer's Market but do object to the Flea Market vendors. H. Mr. Stephen Eldred, Temecula, requested that the City uphold the license agreement between the Redevelopment Agency and Farmer's Market Management, Inc. I. Mr. John Dedovesh, Temecula, requested that red light cameras be installed at key intersections to address red light violators. J. Mr. Steve Phillips, Temecula, expressed concern with the Reserve at Crowne Hill, advising that the developer has not met all the Conditions of Approval and would request that the City take action to resolve the issues in the Crowne Hill community. Referencing Mr. Phillips' concern, Assistant City Manager Johnson stated that many of the conditions have been satisfied by the developer and that staff will ensure that the remaining conditions are met and advised that it would be the City's intent to resolve the issues at the Reserve. K. Mr. Jon Billings, Temecula, also expressed concern with the lack of inspections with the builder of the Reserve at Crowne Hill and would request City support. CITY COUNCIL REPORTS A. Having been approached by representatives of Uljin Gun, South Korea, Council Member Roberts advised of this town's desire to become a Sister City of the City of Temecula. With the City already having two Sister Cities, Mr. Roberts forwarded the information for Council co ns ide ratio nl d iscussio n. Council Member Roberts advised that Governor Schwarzenegger has cut funds that would aid local governments as it relates to tribal casinos; that the Governor cited a state audit that raised questions as to how such monies were being utilized, including the issue of monies being utilized for projects unrelated to tribal casino impacts. Council Member Roberts requested that a letter be drafted regarding the issue and sent to the Governor B. Concurring with Council Member Roberts' request to send a letter to the Governor, Council Member Comerchero advised that the statement made by the Governor would not be accurate, stating that such money should be used to mitigate local impacts, not to balance the State budget. In response to Ms. Del Rio, Council Member Comerchero clarified that the proposal to close Sixth Street would only be a proposal at this time and will be considered under its own application, relaying that the City would not deny access to a business or a residence without providing another access to where the business could continue. RIMinutesl082807 2 C. Council Member Edwards concurred with the submittal of a letter to the Governor regarding the City's opposition to the Governor's intent to cut funds with regard to tribal casino monies. Referencing the special meeting held on Tuesday, August 21, 2007, regarding the Phase 2 Murrieta Creek improvements, Council Member Edwards relayed that although it will be difficult to secure funds in the budget, the City will continue to diligently work to secure as much funding as possible and requested that the Murrieta Creek Subcommittee attend a Riverside County Board of Supervisors' meeting in an effort to raise the matter to a higher priority level. For Mayor Washington, City Manager Nelson advised that staff will create a presentation that will simulate the impacts of a 100-year storm and to justify the funding necessary to this project and noted that a river walk proposal at this time would not be favorable. D. Mayor Washington noted that the City has previously reviewed a presentation with regard to implementing red light cameras in the City of Temecula; that, at that time, it was determined to not implement such cameras; and that if determined otherwise, the City Council would be willing to analyze the possibility of implementing red light cameras at major intersections. Commenting on Mayor Washington's remarks, City Manager Nelson advised that there has been a significant drop in red light runners; that the new Police Chief is committed to continuing heavy enforcement at key intersections throughout the City; that the red light cameras would not be able to help with other types of violations throughout the City; and that placing officers at the key intersections would assist with the issue of red light runners as well as other law enforcement issues. Mayor Washington relayed that the City Council fully supports its Old Town merchants and its Farmer's Market in Old Town and, therefore, will continue to work through the issues with the merchants as well as the Farmer's Market. Mayor Washington also invited the public to attend the Sixth Annual Temecula On Stage, Saturday, September 1, 2007, from 6:00 p.m. to 11 :00 p.m. featuring Blood Sweat and Tears. 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 August 14, 2007. RIMinutesl082807 3 3 Resolution aoorovina List of Demands RECOMMENDATION: 3.1 Adopt a resolution entitled: RESOLUTION NO. 07 -67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ALLOWING CERTAIN CLAIMS AND DEMANDS AS SET FORTH IN EXHIBIT A 4 Aoorove the Soonsorshio Reauest for the 2007 Temecula Fall Rod Run and Fundina Aareement RECOMMENDATION: 4.1 Approve the event sponsorship agreement for actual City-support costs in the amount up to $32,395 for the 2007 Temecula Fall Rod Run and authorize the Mayor to execute the following agreement. 5 Third Amendment to Aareement for Law Enforcement Services RECOMMENDATION: 5.1 Approve the Third Amendment to the Agreement for Law Enforcement Services between the County of Riverside and the City of Temecula to include adding five patrol Officers, one unsupported Gang Task Force Officer, two dedicated Sergeants, two Community Service Officer II (CSO II) positions, and one Community Service Officer I (CSO I). 6 Particioation in the Western Riverside Countv Clean Cities Coalition RECOMMENDATION: 6.1 Adopt a resolution entitled: RESOLUTION NO. 07 -68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA AUTHORIZING THE PARTICIPATION OF THE CITY OF TEMECULA IN THE WESTERN RIVERSIDE COUNTY CLEAN CITIES COALITION 7 Riverside Countv Gana Task Force Proaram Addendum to Memorandum of Understandina RECOMMENDATION: 7.1 Approve the Riverside Gang Task Force Program Addendum to Memorandum of Understanding. RIMinutesl082807 4 8 Accel2tance of certain Public Streets into the City-Maintained Svstem within Tract Mao Nos. ~6828. 26828-1. and 26828-2 (Located northeasterlv of the intersection of Nicolas Road and Joseoh Road) RECOMMENDATION: 8.1 Adopt a resolution entitled: RESOLUTION NO. 07 - 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA ACCEPTING CERTAIN PUBLIC STREETS INTO THE CITY-MAINTAINED SYSTEM (WITHIN TRACT MAP NOS. 26828, 26828-1 AND 26828-2) 9 Authorize Temoorarv Street Closures for the 2007 Temecula Fall Rod Run Event (Old Town Front Street. between Moreno Road and Second Street. and other related streets) RECOMMENDATION: 9.1 Adopt a resolution entitled: RESOLUTION NO. 07 -70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA, AUTHORIZING STREET CLOSURES FOR THE 2007 TEMECULA FALL ROD RUN EVENT, AND AUTHORIZING THE CITY ENGINEER TO ISSUE A PERMIT FOR THIS SPECIFIC SPECIAL EVENT 10 Furniture Purchase Associated with the Maintenance FacilitvlField Ooerations Center - Phase II. Proiect No. PW03-06 RECOMMENDATION: 10.1 Approve a Purchase and Installation Agreement with GM Business Interiors in the amount of $188,166.60 for the Maintenance FacilitylField Operations Center and authorize the Mayor to execute the purchase agreement; 10.2 Authorize the City Manager to approve change orders not to exceed the contingency amount of $5,000, which is equal to 2.6% of the contract amount. 11 Police Deoartment OTS Grant Fundina RECOMMENDATION: 11.1 Increase estimated General Fund Grant Revenue by $102,994; 11.2 Appropriate $102,994 from General Fund Grant Revenue to the Police Department. RIMinutesl082807 5 12 Chanae in Location for the Seotember 11. 2007 Citv Council Meetina RECOMMENDATION: 12.1 Adopt a resolution entitled: RESOLUTION NO. 07-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMECULA CHANGING THE LOCATION OF THE SEPTEMBER 11, 2007 CITY COUNCIL MEETING TO THE TEMECULA DUCK POND, LOCATED AT 28250 RANCHO CALIFORNIA ROAD, TEMECULA, CALIFORNIA 13 Aoorove Purchase and Maintenance Aareement For Citv Banners with Kellev Disolav. Inc. RECOMMENDATION: 13.1 Approve the Purchase and Maintenance Agreement for City Banners with Kelley Display, Inc. in the amount of $47,645. 14 Seismic Warnina Svstems Aareement RECOMMENDATION: 14.1 Approve an agreement with Seismic Warning Systems, Inc. in the amount of $75,963.75 to furnish and install a Quake Guard Seismic Warning System at City Fire Stations 73, 92, and 95. 14.2 Approve 10% contingency and allow the City Manager to execute change orders. MOTION: Council Member Comerchero moved to approve the Consent Calendar. Council Member Edwards seconded the motion and voice vote reflected aooroval with the exception of Mayor Pro Tern Naggar who was absent. RECONVENE TEMECULA CITY COUNCIL COUNCIL BUSINESS 23 Sohere of Influence - Fiscallmoact Analvsis RECOMMENDATION 23.1 Receive and file the Sphere of Influence Fiscal Impact Analysis Report prepared by Stanley R. Hoffman Associates; 23.2 Provide policy direction that City staff will consider annexations only if they are financially feasible and which do not create a negative financial impact to the City of Temecula. RIMinutesl082807 6 Director of Finance Roberts introduced Mr. Stanley R. Hoffman of Hoffman & Associates. By way of PowerPoint Presentation, Mr. Hoffman highlighted the following aspects of the report: D Purpose D Methodology D Map of the Zones D Population Growth By Zones D Employment Growth By Zones D Commercial Retail Growth Sq. Ft. By Zone D Office Sq. Ft. Growth By Zone D Industrial Sq. Ft. Growth By Zone D Existing Fiscal Impacts By Zone D Fiscal Impacts After Build out By Zone D Fiscal Impacts for All Zones D Property Tax in Lieu of LVF. In closing, City Manager Nelson thanked Mr. Hoffman for his presentation; relayed that the information provided will create a roadmap for the City; noted that there would be two critical factors associated with the Sphere of Influence -- timing of future retail development and AB 1602; and relayed that staff will be working with the City's lobbyist and will provide a follow-up report to the City Council in six to nine months. In response to Council Member Comerchero's question, Mr. Hoffman noted that the demonstration of jobs in his presentation illustrates the point that non-residential growth is lagging behind the residential; and that retail and industrial have a strong revenue generating potential, making staff aware of the components of the jobs. Mayor Washington relayed the importance of the residents understanding the associated cost with providing City services to its residents and that a significant amount of the City's budget is attained from sales tax. In response to Mayor Washington's question, Mr. Hoffman stated that because the sales tax revenue for the Silverhawk Community is already allocated to the City, therefore, it was not included in the analysis. A. Mr. David Lander, representing the Silverhawk Area Coalition, thanked Mr. Hoffman, City Manager Nelson, and staff for their efforts with the proposed annexation. B. Mr. Wayne Hall, Temecula, expressed concern with the amount of development in the hills of the SilverhawklWinchester area, relaying that brush fires could be a concern with homes on the hill. The City Council thanked Mr. Hoffman and staff for their efforts with regard to the Sphere of Influence Analysis. MOTION: Council Member Roberts moved to receive and file this report and to support the annexations only if they were financially feasible and do not create a negative impact to the City. Council Member Comerchero seconded the motion and electronic vote reflected approval with the exceotion of Mayor Pro Tern Naggar who was ,absent. RIMinutesl082807 7 DEPARTMENTAL REPORTS 24 Economic Develooment Deoartment Reoort 25 Plannina Deoartment Monthlv Reoort 26 Citv Council TravellConference Reoort - Julv 2007 27 Public Works Deoartment Monthlv Reoort 28 Police 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 8:36 p.m. the City Council meeting was formally adjourned to Tuesday, September 11, 2007, commencing at 7:00 p.m. at the Temecula Duck Pond. Chuck Washington, Mayor ATTEST: Susan W. Jones, CMC City Clerk [SEAL] RIMinutesl082807 8 I~-- . , II ITEM NO.3 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager [M.f"" /)/2 CJr;..- CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: September 11, 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 $6,365,644.39. 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 11th day of September ,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 11 th day of September , 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 08/23/2007 TOTAL CHECK RUN: $ 3,252,778.69 08/31/2007 TOTAL CHECK RUN: 2,591,589.64 08/23/2007 TOTAL PAYROLL RUN: 521,276.06 TOTAL LIST OF DEMANDS FOR 09/11/2007 COUNCIL MEETING: $ 6,365,644.39 DISBURSEMENTS BY FUND: CHECKS: 001 GENERAL F1JND $ 2,908,908.81 120 DEVELOPMENT IMPACT FUND 62.40 165 RDADEV-LOW/MOD SET ASIDE 15,722.96 190 TEMECULA COMMUNITY SERVICES DISTRICT 267,589.53 192 TCSD SERVICE LEVEL B 116.82 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 97,720.41 194 TCSD SERVICE LEVEL D 13,347.42 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 5,17502 197 TEMECULA LIBRARY FUND 7,638.54 210 CAPITAL IMPROVEMENT PROJECTS FUND 531,545.54 280 REDEVELOPMENT AGENCY - CIP PROJECT 38,653.07 300 INSURANCE FUND 9,984.83 320 INFORMATION SYSTEMS 45,199.86 330 SUPPORT SERVICES 6,696.74 340 FACILITIES 24,059.19 460 CFD 88-12 DEBT SERVICE FUND 1,193,548.75 470 CFD 01-2 HARVEST ON DEBT SERVICE FUND 2,647.96 472 CFD 01-2 HARVEST ON A&B DEBT SERVICE 102,381.98 473 CFD 03-1 CROWNE HILL DEBT SERVICE FUND 58,420.03 474 AD 03-4 JOHN WARNER ROAD DEBT SERVICE 6,632.96 475 CFD 03-3 WOLF CREEK DEBT SERVICE FUND 307,685.70 476 CFD 03-6 HARVEST ON 2 DEBT SERVICE FUND 23,927.23 477 CFD- RORIPAUGH 176,702.58 $ 5,844,368.33 001 GENERAL FUND $ 317,803.19 165 RDA LOW/MOD - 20% SET ASIDE 5,769.12 190 TEMECULA COMMUNITY SERVICES DISTRICT 145,696.49 192 TCSD SERVICE LEVEL B 118.34 193 TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE 5,800.12 194 TCSD SERVICE LEVEL D 872.17 196 TCSD SERVICE LEVEL "L" LAKE PARK MAINT. 599.57 197 TEMECULA LIBRARY FUND 394.15 280 REDEVELOPMENT AGENCY - CIP PROJECT 2,988.26 300 INSURANCE FUND 1,291.44 320 INFORMATION SYSTEMS 28,999.10 330 SUPPORT SERVICES 3,539.35 340 FACILITIES 7,404.76 521,276.06 TOTAL BY FUND: $ 6,365,644.39 apChkLst Final Check List Page: 1 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 911 08121/2007 007371 HARVESTON, LLC Reimb: CFD01-02 deposit 50,000.00 50,000.00 912 08123/2007 000283 INSTATAX (IRS) Federal Income Taxes Payment 92,027.98 92,027.98 913 08123/2007 000444 INSTATAX (EDD) State Disability Ins Payment 22,363.05 22,363.05 914 08123/2007 001065 NATIONWIDE RETIREMENT Nationwide Retirement Payment 20,921.13 20,921.13 SOLUTION 915 08123/2007 000389 U S C M WEST (OBRA), OBRA - Project Retirement Payment 7,302.90 7,302.90 NATIONWIDE RETIREMENT 117999 0812212007 008910 ROSENSTEIN AND HITZEMAN, release claims agreement payment 6,008.42 6,008.42 AAPLC 118000 0812212007 000249 PETTY CASH Petty Cash Reimbursement 1,195.82 1,195.82 118001 08123/2007 004594 2 HOT ACTIVEWEAR Uniforms: Police traffic div 724.62 724.62 118002 08123/2007 011305 ADAMS, ALVIN Refund:Security Deposit CRC 8/12 150.00 150.00 118003 08123/2007 008552 ADKINS DESIGN CONSULTING final design season 2 brochure:Theater 3,272.91 3,272.91 118004 08123/2007 008698 ADVANCED APPLIED Jul city sign/striping svcs: PW 12,966.00 12,966.00 ENGINEERING 118005 08123/2007 003679 AEI CASC ENGINEERING balance due invoice 513216 4,015.36 4,015.36 118006 08123/2007 010904 AFECOINC Diamond Blade: Engine 73 428.85 428.85 118007 08123/2007 001916 ALBERT A WEBB ASSOCIATES May prof eng svcs:Santa Mgita Resv 12,933.00 Jun prof eng svcs:Santa Mgita Resv 4,643.00 Apr prof eng svcs:Santa Mgita Resv 4,358.00 May prof eng svcs:Santa Mgita Resv 108.99 Apr prof eng svcs:Santa Mgita Resv 80.27 Jun prof eng svcs:Santa Mgita Resv 73.50 22,196.76 118008 08123/2007 009010 ALEXANDER PACIFIC ballfield light repair:marg park 17,720.00 17,720.00 118009 08123/2007 003859 ALL ABOUT SELF STORAGE Aug rent G702/C332 units: TCSD 284.00 284.00 Page:1 apChkLst Final Check List Page: 2 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118010 08123/2007 009374 ALLEGRO MUSICAL VENTURES Jul piano tuning: Theater 405.00 405.00 118011 08123/2007 009767 AL TA LOMA CHARTER INC TCSD bus svcs:Wave Waterpark 755.21 755.21 118012 08123/2007 011004 AMERICAN ASPHALT SOUTH INC Jul svc slurry seal pw07-03 657,765.60 657,765.60 118013 08123/2007 011308 AMERICAN CIVIL LIBERTIES Refund:Security Dep CRC 8/11 160.00 160.00 UNION 118014 08123/2007 007280 AMERICAN MEDICAL RESPONSE- first aid cards: paramedic pgrm 360.00 360.00 AMR 118015 08123/2007 004022 AMERICAN MINI STORAGE, Annual Storage Rent Fees: IS 1,790.00 1,790.00 TEMECUL 118016 08123/2007 008279 AMERICOMP IN FOSYSTEMS INC computer supplies/equip: Library 145.46 computer supplies/equip: Library 694.99 computer supplies/equip: Library 234.90 computer supplies/equip: Library 161.63 1,236.98 118017 08123/2007 004623 AQUA TECH ENTERPRISES maint supplies: tes pool 841.15 841.15 118018 08123/2007 009597 BALL, DIANE Reimb:Accela Cf:815-7:GardenGrove 116.09 116.09 118019 08123/2007 004205 BALLET FOLKLORICO TCSD Instructor Earnings 402.50 TCSD Instructor Earnings 280.00 TCSD Instructor Earnings 98.00 780.50 118020 08123/2007 005709 BAMM PROMOTIONAL t-shirts: TCSD day camp 915.80 PRODUCTS recognition shirts:day camp pgrm 258.60 1,174.40 118021 08123/2007 010973 BATTERIES PLUS battery supplies: pw traffic div 118.51 battery supplies: pw traffic div 30.71 149.22 118022 08123/2007 004040 BIG FOOT GRAPHICS temp tattoo booth: summer concerts 1,000.00 1,000.00 118023 08123/2007 011230 BONILLA, GERMAN Performance: Summer Nights 400.00 400.00 118024 08123/2007 008605 BONTERRA CONSULTING Jul cleanup: RRSP basin 12,500.00 12,500.00 118025 08123/2007 004176 BROADWING Long distance & internet svcs 750.46 750.46 TELECOMMUNICATIONS Page2 apChkLst Final Check List Page: 3 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118026 08123/2007 009959 BRUDVIK INC generator rental svcs: RDA 542.00 542.00 118027 08123/2007 006908 C C & COMPANY INC Dynamite Dave: Summer Nights 1,500.00 Dynamite Dave: Summer Nights 900.00 EntertainmentHarvest Carnival 350.00 2,750.00 118028 08123/2007 000154 CSMFO CIP Budget Award Application Fee 50.00 50.00 118029 08123/2007 000154 CSMFO Operating budget application fee 50.00 50.00 118030 08123/2007 003138 CAL MAT PW patch truck materials 1,180.19 PW patch truck materials 757.89 PW patch truck materials 527.91 PW patch truck materials 440.42 PW patch truck materials 293.94 PW patch truck materials 257.74 3,458.09 118031 08123/2007 000484 CALIF ASSN FOR LOCAL CALED mb renewal 10/07-10/08 570.00 570.00 ECONOMIC 118032 08123/2007 005384 CALIF BAGEL BAKERY & DELI refreshments:civic ctr mtg 8/8 211.46 211.46 118033 08123/2007 010349 CALIF DEPT OF CHILD SUPPORT Support pmt case # DF099118 25.00 25.00 118034 08123/2007 004073 CALIF DEPT OF HIGHWAY Dep. LaReau 9/24-10/5 Sacramento 650.00 650.00 PATROL 118035 08123/2007 004248 CALIF DEPT OF JUSTICE- fingerprinting svcs: HR & Police 3,870.00 ACCTING Sept 05 blood alcohol analysis 35.00 3,905.00 118036 08123/2007 001590 CALIF REDEVELOPMENT ASSN Membership: RDAlLow-Mod 2909 8,170.00 8,170.00 118037 08123/2007 004971 CANON FINANCIAL SERVICES, Sept Citywide Copier Leases 4,744.84 4,744.84 INC 118038 08123/2007 000131 CARL WARREN & COMPANY INC Jul claim adjuster svcs: Finance 3,292.98 3,292.98 118039 08123/2007 002415 CASTLE AMUSEMENT PARK 8/9 day camp excursion: TCSD 1,662.96 1,662.96 118040 08123/2007 010434 CATERERS CAFE refreshments:Town Hall mtg 8/9 318.52 318.52 Page:3 apChkLst Final Check List Page: 4 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118041 08123/2007 009539 CHARLES ABBOTT ASSOCIATES Jul plan check svcs:fire prey 1,979.90 1,979.90 INC 118042 08123/2007 000137 CHEVRON USA INC City vehicles fuel: Police 680.63 City vehicles fuel: CM & PO 328.76 1,009.39 118043 08123/2007 010214 CHILDRENS HOSPITAL- SAN evidentiary exam TE07179220 108.00 108.00 DIEGO 118044 08123/2007 004405 COMMUNITY HEALTH CHARITIES Community Health Charities Payment 107.05 107.05 118045 08123/2007 010331 COOPER, JOSIAH day camp admission Cal Oaks bowling 165.00 Reimb:day camp admission Iceoplex 129.00 294.00 118046 08123/2007 010650 CRAFTSMENT PLUMBING & plumbing repairs: Stn 84 659.25 659.25 HVACINC 118047 08123/2007 003945 DIAMOND ENVIRONMENTAL portable toilet svc: Riverton Park 57.98 SRVCS portable toilet svc: Veterans Park 57.98 portable toilet svc: Long Cyn Park 57.98 portable toilet svc:Vail Rch Park 57.98 portable toilet svc:Redhawk Park 57.98 289.90 118048 08123/2007 011202 EM H SPORTS & FITNESS TCSD instructor earnings 210.00 TCSD instructor earnings 168.00 378.00 118049 08123/2007 000523 EASTERN MUNICIPAL WATER Aug 190304-02 Seraphina Rd 373.63 DIST Aug 95366-02 Diego Dr Ldscp 272.04 645.67 118050 08123/2007 004592 ELITE BOBCAT SERVICE INC Jul prgss pymt pw95-27:Diaz Rd 309,058.08 309,058.08 118051 08123/2007 011288 ERDSTIECK, SHERI LEE Periormance:Hot Summer Nights 600.00 600.00 118052 08123/2007 003665 EXCEL TELECOMMUNICATIONS July long distance phone svcs 37.58 37.58 118053 08123/2007 009953 FEDERAL CLEANING Aug cleaning svcs:PD mall strint 410.00 CONTRACTORS Jul cleaning svcs:PD mall strint 410.00 820.00 118054 08123/2007 000165 FEDERAL EXPRESS INC 7/25-8/7 express mail svcs 214.68 214.68 118055 08123/2007 010035 FIATO, JOSEPH A. entertainment:harveston concert 1,200.00 1,200.00 118056 08123/2007 003747 FINE ARTS NETWORK settlement: Urinetown 8/3-8/12 328.55 328.55 Page:4 apChkLst 08/23/2007 1:04:S1PM Final Check List CITY OF TEMECULA Page: 5 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118057 08/23/2007 009484 FIRST AMERICAN REAL ESTATE Realquest property svc: pw cip 2,400.00 2,400.00 PageS apChkLst 08/23/2007 1:04:51PM Final Check List CITY OF TEMECULA Page: 6 Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118058 08123/2007 003347 FIRST BANKCARD CENTER AMERICAN PLANNING RJ Regist:CCAPA Cf:9/3G-10/3:staff EJ ASSOCIATION 1,520.00 FORM-BASED CODES INSTITUTE RJ Regist:Form Code Cf:9/10-11 1,300.00 UNITED AIRLINES AA Airiare:Sister city trip 904.48 GODFREY GROUP INC WH Black plastic frames 785.00 MARRIOTT HOTEL MN Htl:Mayor/Council Wrkshp:7/25-28 725.23 MARRIOTT HOTEL CW Gas:Mayor/Council Wrkshp:7/25-28 681.28 SOUTHWEST AIRLINES RJ Airiare:CCAPA Cf:9/30-10/3:Staff 586.50 PORTOLA PLAZA HOTEL ME Hotel:Mayor/Council Wrkshp:7/25-28 428.44 HYATT MH Hotel:Accela Cf:8/5-8:Ball 424.74 CONSTANT CONTACT INC TT Yr Subscr: email marketing svc 420.00 PENFOLD'S CAFE AA Refreshments:DCH Auto Grp Mtg 392.38 DELTA AIRLINE INC SJ Airiare:SIRE Cf:Flores:8/21-24/04 298.30 WOLFVISION INC TT IS equipment repairs 297.75 HOMEGOODS STORE AA Office Supplies:Wall Decor 280.13 FCC CONFERENCECALLSVC RJ Conference calls svcs 272.80 INKA GRILL SJ Refreshment: Council Closed Session 200.00 PECHANGA RESORT & CASINO WH Refreshment:Qtrly Safety Mtg 141.55 COPIES & MORE AA Office Supplies:Posters 129.30 FINESTATIONERY.COM SJ Invitations for Comm Recog Dinner 122.00 JVC SERVICE & ENGINEERING TT Projector repairs CO 115.00 CHEVRON USA INC CW Gas:Mayor/Council Wrkshp:7/25-28 77.53 VINEYARD OF THE NBNWINE- AA Refreshments:VVine Dir Mtg 72.57 T G I FRIDAYS WH Refreshments: Interview Panel 71.64 PA YPAL TT Veri sign Payflow Pro Transaction 49.70 SUMMERLAND MARKET CW Gas:Mayor/Council Wrkshp:7/25-28 37.37 RIVERSIDE CO CLERK & SJ Certified copies fees RECORDER 36.00 ROSAS CANTINA RESTAURANT TT Refreshments: Working lunch 35.57 MUNRAS VALERO CW Gas:Mayor/Council Wrkshp:7/25-28 33.84 Page:6 apChkLst Final Check List Page: 7 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total K.L.AY INC. CW Gas:Mayor/Council Wrkshp:7/25-28 30.79 VONS SJ Refreshment: Council Closed Session 30.41 TT Bank charges 8.45 CW Credit Bank Charges 5.23 MARRIOTT HOTEL RJ credit hotel o\ffchged -206.54 BRIGONI, MIGUEL & MILDRED TT system posted incorrectly -325.00 9,982.44 118059 08123/2007 011306 FORD, ROBIN Refund: Benjamin L\II 2 Swim 40.00 Refund: Rachel L\II 4/5 Swim 40.00 Refund: Madeleine L\II 4/5 SWim 40.00 120.00 118060 08123/2007 007274 FORGE, THE refreshments:819 rda diaz rd mtg 139.39 139.39 118061 08123/2007 002982 FRANCHISE TAX BOARD Support pmt case # 452379267 75.00 75.00 118062 08123/2007 000170 FRANKLIN QUEST COMPANY INC Calendars: Planning Staff 135.65 135.65 118063 08123/2007 004944 FULLCOURT PRESS City stationery: TCSD 345.52 345.52 118064 08123/2007 011262 FURLONG, DEBORAH Refund: Patrick Summer Day Camp 105.00 105.00 118065 08123/2007 010326 G E 10NICS INC Jul svc osmosis washer: Stn 73 112.75 Jul maint osmosis washer: Stn 73 50.00 Jul rent osmosis washer: Stn 73 21.55 184.30 118066 08123/2007 005196 GARVEY EQUIPMENT COMPANY saw tools:fire engine 73 884.58 884.58 118067 08123/2007 011123 GENERAL COATINGS constr painting svcs: Library 10,210.50 CORPORATION constr painting svcs: Library 1,134.50 credit:invs incorrectly sent to City -1,933.50 9,411.50 118068 08123/2007 011204 GERMAN, JUANITA M. TCSD Instructor Earnings 201.60 TCSD Instructor Earnings 175.00 TCSD Instructor Earnings 79.80 TCSD Instructor Earnings 63.00 519.40 118069 08123/2007 005947 GOLDEN STATE OVERNIGHT 7/16-25 express mail svc:Fire Prey 58.D7 58.07 118070 08123/2007 011103 GUILFORD, DORIS Refund: Energy Boost for Seniors 35.00 35.00 Page:? apChkLst Final Check List Page: 8 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118071 08123/2007 005311 H20 CERTIFIED POOL WATER Jul maint svcs: CRCfTES pools 900.00 900.00 SPCL. 118072 08123/2007 000186 HANKS HARDWARE INC Hardware supplies: Parks 1,664.42 Hardware supplies: City Hall 414.90 Hardware supplies: Stn 73 & 84 300.13 Hardware supplies: CRC 138.38 Hardware supplies: Ch Museum 127.68 Hardware supplies: Parks 119.44 Hardware supplies: Library 54.24 Hardware supplies: MPSC 48.48 2,867.67 118073 08123/2007 007466 HARRIS, THERESA Reimb:Accela Cf:8I5-9:GardenGrove 291.68 291.68 118074 08123/2007 003299 HAYES, BARNEY entertainment:Hot Summer Nights 400.00 400.00 118075 08123/2007 001135 HEALTH POINTE MEDICAL pre-employment physicals: HR 50.00 GROUP INC pre-employment physicals: HR 25.00 75.00 118076 08123/2007 006688 HEMET-TEMECULA EAC EAC membership renewal 25.00 25.00 118077 08123/2007 011309 HERNDON, CINDY Refund: Tarin Tennis Beg/lnt 55.00 55.00 118078 08123/2007 004811 HEWLETT PACKARD computer supplies:new maint fac 2,712.07 Compaq Notebook PC: Info Sys 1,973.52 HP 3 yr warranty: video server 67700 HP 3 yr warranty: Maint Fac 370.00 HP Smart AC Adapters: Info Sys 362.04 6,094.63 118079 08123/2007 011307 HILL, MELINDA Refund:Security Dep RRSP 8/11 150.00 150.00 118080 08123/2007 001013 HINDERLITER DE LLAMAS & sales tax & audit svcs: Finance 7,144.11 7,144.11 ASSOC 118081 08123/2007 005748 HODSON, CHERYL A. Support Payment 6.64 6.64 118082 08123/2007 003198 HOME DEPOT, THE Hardware supplies: Parks 24.64 24.64 118083 08123/2007 010550 HOME DEPOT, THE hardware supplies:pw maint div 74.62 74.62 118084 08123/2007 001517 HORIZON HEALTH Aug employee assist pgrm:HR 880.00 Jul employee assist pgrm:HR 880.00 1,760.00 Page:8 apChkLst Final Check List Page: 9 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118085 08123/2007 000194 I C M A RETIREMENT-PLAN I C M A Retirement Trust 457 Payment 13,729.77 13,729.77 303355 118086 08123/2007 006914 INNOVATIVE DOCUMENT Canon fax repairs:Support SVcs 256.92 256.92 SOLUTIONS 118087 08123/2007 003266 IRON MOUNTAIN OFFSITE record/backup tape storage:IS 392.17 392.17 118088 08123/2007 010119 IRS-OIC Sup Offer#1 000497587452379267 140.11 140.11 118089 08123/2007 001186 IRWIN, JOHN TCSD instructor earnings 128.80 TCSD instructor earnings 100.80 229.60 118090 08123/2007 003046 K FRO G 95.1 FM RADIO broadcasting: bluegrass blast 300.00 300.00 118091 08123/2007 000820 K R W & ASSOCIATES Jul/Aug eng plan ck svcs: pw 10,615.00 10,615.00 118092 08123/2007 001091 KEYSER MARSTON ASSOCIATES Jul consulting svc:real estate eco 20,057.84 INC Jul consulting svc:affdbl housing 4,337.50 Jul consulting svc:civic ctr comm 856.25 25,251.59 118093 08123/2007 004546 KING, JIM Performance: Summer Nights 1,000.00 1,000.00 118094 08123/2007 010965 KODIMER, CHARLES Unit 203,41934 Main St 387.50 387.SO 118095 08123/2007 011255 KURYLOWICZ, PETER J. Entertainment:hot summer nights SOD. 00 500.00 118096 08123/2007 000945 L P S COMPUTER SERVICE printer svc: citywide 327.50 327.50 GROUP 118097 08123/2007 007188 LAERDAL MEDICAL CORP. training materials: paramedics 1,992.51 1,992.51 118098 08123/2007 004412 LEANDER, KERRY D. TCSD instructor earnings 388.50 TCSD instructor earnings 378.00 TCSD instructor earnings 343.00 1,109.50 118099 08123/2007 003726 LIFE ASSIST INC Medical supplies: Paramedics 1,248.75 1,248.75 118100 08123/2007 005090 LOS RANCHITOS HOME, Association dues: APN 922-190-035 25.00 25.00 OWNERS ASSOC. 118101 08123/2007 004087 LOWES INC steel display racks:fire prevention 323.19 hardware supplies: Theater 61.63 384.82 Page:9 apChkLst Final Check List Page: 10 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118102 08123/2007 011201 MACLEAN, SANDY periormance:Hot Smr Nights 7/20 300.00 300.00 118103 08123/2007 003782 MAIN STREET SIGNS street signs:PW Maint Div 48.49 48.49 118104 08123/2007 001967 MANPOWER TEMPORARY temp help w/e 07/29 JAlAC/MS 1,276.93 SERVICES temp help ppe 07/29 J. Andrews 98.34 1,375.27 118105 08123/2007 004929 MARK FISHER COMPANY, THE T.V. Int'I Film Festival ad:Econ Dev 727.00 727.00 118106 08123/2007 000220 MAURICE PRINTERS INC printing costs ofCIP & AOB Covers 1,074.27 printing of AOB Tab Dividers 998.84 graphic design for AOB & CIP Covers 915.88 blank stock for AOB/CIP Documents 749.94 printing of CIP Tab Dividers 700.38 combs for AOB & CIP Documents 501.04 4,940.35 118107 08123/2007 011312 MCDAN ELD, TRACEY refund:Summer Day Camp/0405.205 210.00 210.00 118108 08123/2007 001384 MINUTEMAN PRESS Windowenvelopes:Finance 859.09 City stationery:Finance 132.78 991.87 118109 08123/2007 004490 MUSCO SPORTS LIGHTING INC Park lighting equip:var parks 283.35 283.35 118110 08123/2007 005006 NBS GOVERNMENT FINANCE 5/23-8/23/07 Spcl tax admin srvcs:Fin. 10,072.50 GROUP Delinquent Mgmt Svcs:CFD's 2,727.57 12,800.07 118111 08123/2007 011143 NEW WORLD LANGUAGE misc translation srvcs:Srvc Le\ll C 25.00 25.00 SERVICES 118112 08123/2007 002139 NORTH COUNTY TIMES Jul display ads for theater 480.34 credit:Jul billing adjfTheater -17.79 462.55 118113 08123/2007 001248 PAPER DIRECT INC paper:holiday parade event 66.62 66.62 118114 08123/2007 002099 PASCOE MANAGEMENT LLP Aug Old Town restroom lease 826.00 Jul Old Town restroom lease 826.00 1,652.00 118115 08123/2007 001958 PERS LONG TERM CARE PERS Long Term Care Payment 300.92 300.92 PROGRAM 118116 08123/2007 009796 PERVO PAINT COMPANY traff mrkg paint supplies: PW Mntc 9,480.92 9,480.92 118117 08123/2007 001999 PITNEY BOWES Oct-Dec'07 Postage meter rental:C.S. 269.11 postage meter supplies:Cntrl Srvcs 73.79 342.90 Page:10 apChkLst Final Check List Page: 11 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118118 08123/2007 010338 POOL & ELECTRICAL PRODUCTS pool supplies & chemicals:Aquatics 346.08 346.08 INC 118119 08123/2007 000253 POSTMASTER Express Mail & Postal Svcs 55.20 55.20 118120 08123/2007 008964 PULSIFER, JAMES entertainment:Hot Smr Nights 8/17 750.00 750.00 118121 08123/2007 011234 R21, LLC Annual software maint agrmnt 1,898.00 1,898.00 118122 08123/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 34,126.14 Aug 01-04-47210-0 T.E.S. Pool 1,145.16 Various Fire Water Meters 464.60 Various PWWater Meters 50.85 35,786.75 118123 08123/2007 005972 RAU, ANDY J. entertainment:Hot Smr Nights 8/17/07 300.00 300.00 118124 08123/2007 009725 RAZAVI, MANDIS TCSD Instructor Earnings 322.00 322.00 118125 08123/2007 000271 RBF CONSULTING Jun consulting srvcs:I-15/79S Intrchng 970.35 970.35 118126 08123/2007 003591 RENES COMMERCIAL weed abatement:Citywide 10,000.00 10,000.00 MANAGEMENT 118127 08123/2007 006483 RICHARDS, TYREOSHA I. TCSD Instructor Earnings 504.00 TCSD Instructor Earnings 122.50 626.50 118128 08123/2007 000352 RIVERSIDE CO ASSESSOR Jul assessor maps:B&S dept 27.00 27.00 118129 08123/2007 000353 RIVERSIDE CO AUDITOR FY 07-08 LAFCO Cost Allocation 6,069.67 6,069.67 118130 08123/2007 000418 RIVERSIDE CO CLERK & Jun copy fees:CIP Div 3.00 3.00 RECORDER 118131 08123/2007 000406 RIVERSIDE CO SHERIFFS DEPT 5/24-6/30/07:lawenforcement 1,706,332.12 1,706,332.12 118132 08123/2007 001365 RIVERSIDE COUNTY OF Apr-Jun '07 vector control svcs 3,146.65 3,146.65 118133 08123/2007 001365 RIVERSIDE COUNTY OF renew permitTCC 525.00 525.00 118134 08123/2007 001097 ROADLlNE PRODUCTS INC misc supplies:PW Maint Div 245.72 245.72 Page:11 apChkLst Final Check List Page: 12 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118135 08123/2007 000815 ROWLEY, CATHY TCSD Instructor Earnings 63.00 TCSD Instructor Earnings 63.00 TCSD Instructor Earnings 63.00 TCSD Instructor Earnings 315.00 TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 126.00 TCSD Instructor Earnings 63.00 TCSD Instructor Earnings 63.00 TCSD Instructor Earnings 63.00 TCSD Instructor Earnings 63.00 TCSD Instructor Earnings 63.00 TCSD Instructor Earnings 63.00 1,134.00 118136 08123/2007 000459 RUFF N TUMBLE INC TCSD Instructor Earnings 491.40 TCSD Instructor Earnings 411.60 TCSD Instructor Earnings 371.00 TCSD Instructor Earnings 327.60 TCSD Instructor Earnings 245.70 TCSD Instructor Earnings 245.70 TCSD Instructor Earnings 239.40 TCSD Instructor Earnings 222.60 TCSD Instructor Earnings 205.80 TCSD Instructor Earnings 159.60 TCSD Instructor Earnings 132.30 TCSD Instructor Earnings 50.40 3,103.10 118137 08123/2007 009196 SACRAMENTO THEATRICAL Theatrical lighting for Theater 218.65 218.65 LIGHTING 118138 08123/2007 011314 SAN BERNARDINO VALLEY SRO trng:M.CardenaslM.Salas 6/25-28/07 86.00 86.00 COLLEGE 118139 08123/2007 006815 SAN DIEGO, COUNTY OF Support pmt acct # 581095025 12.50 12.50 118140 08123/2007 006615 SCAN NATOA INC FY 07/08 membership dues:B.Smith 75.00 75.00 118141 08123/2007 011311 SHEMTOV,MOSES refund:overpayment of fees 93.90 93.90 118142 08123/2007 008529 SHERIFF'S CIVIL DIV - CENTRAL Support pmt LO File # 2007052618 439.70 439.70 118143 08123/2007 009746 SIGNS BY TOMORROW banners:Econ Dev 129.73 129.73 Page:12 apChklst Final Check List Page: 13 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118144 08123/2007 000645 SMART & FINAL INC misc rec supplies: mpsc 153.41 misc rec supplies: mpsc 131.21 recreation supplies: fam 68.75 misc. supplies:family fun nite pgrm 19.88 373.25 118145 08123/2007 000537 SO CALIF EDISON Aug 2-25-393-4681 TES Pool 777.51 Aug 2-28-331-4847 Pauba Rd 86.34 863.85 118146 08123/2007 001212 SO CALIF GAS COMPANY Aug 055-475-6169-5 PBSP 78.69 78.69 118147 08123/2007 000282 SO CALIF MUNICIPAL ATHLETIC softball rulebooks:sports pgrm 900.00 900.00 118148 08123/2007 000519 SOUTH COUNTY PEST CONTROL Jul pest control services:City Fac's 541.00 INC pest control:Harveston lake 94.00 Jul pest control serv:harveston lake pk 90.00 Jul pest control services:Harveston Prk 52.00 Aug pest control services:Fire Stn 73 48.00 Aug pest control services:Fire Stn 92 42.00 867.00 118149 08123/2007 007851 SOUTH COAST HEATING & AIR repair hvac in city clerk office 131.25 131.25 118150 08123/2007 010821 SOUTHWEST AREA ACTIVITIES refund :sec.depositlCRC 150.00 150.00 118151 08123/2007 007698 SWANK MOTIONS PICTURES, "Zoom" rental:summerfilm event 271.00 INC. "Happy Feet" rental:summer film event 271.00 542.00 118152 08123/2007 000305 TARGET BANK BUS CARD SRVCS misc supplies:Theater 27.99 recreation supplies: fam 15.57 43.56 118153 08123/2007 004274 TEMECULA VALLEY SECURITY locksmith services:parksllibrary/city 114.72 114.72 CENTR 118154 08123/2007 003140 TEMECULA VALLEY TCSD Instructor Earnings 82.60 82.60 TAEKWONDO 118155 08123/2007 007636 THERMO ELECTRON CORP testing/maint gas detector:Fire Stn 73 312.78 312.78 118156 08123/2007 010276 TIME WARNER CABLE Aug high speed internet Stn 92 44.95 Aug high speed internet RR 44.95 89.90 118157 08123/2007 000978 TIP OF SW RIVERSIDE COUNTY 1 st Qtr Emerg. Response Vol. Prgm 2,938.00 2,938.00 INC 118158 08123/2007 002452 TOP LINE INDUSTRIAL misc. supplies:PWMaint Div 15.38 15.38 Page:13 apChkLst Final Check List Page: 14 08/23/2007 1:04:51PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118159 08123/2007 003031 TRAFFIC CONTROL SERVICE INC Jul traffic maint supplies:PW Traf Div 2,766.82 2,766.82 118160 08123/2007 004576 TRINITY WORKPLACE LEARNING FETN trng/satellite subscr:fire 4,210.13 4,210.13 118161 08123/2007 009709 U H S OF RANCHO SPRINGS, INC 4/01-6/30/07 medical srvcs:Police 2,700.00 2,700.00 118162 08123/2007 007118 US TELEPACIFIC CORPORATION Aug Internet IP Addresses Block 1,566.11 1,566.11 118163 08123/2007 000325 UNITED WAY United Way Charities Payment 73.00 73.00 118164 08123/2007 004261 VERIZON Aug xxx-5072 general usage 4,969.75 Aug xxx-0074 general usage 275.30 Aug xxx-0073 general usage 244.01 Aug xxx-6812 General usage 89.75 Aug xxx-3564 alann 64.04 Aug xxx-5473 Moraga Rd 34.67 Aug xxx-7562 irrigation controller 34.16 Aug xxx-0714 PO Mall Alarm 34.07 Aug xxx-4723 Police Storefront 33.08 Aug xxx-2372 Wlf Crk Irrg Cntrl 32.87 Aug xxx-8573 general usage 32.06 Aug xxx-6084 general usage 31.02 5,874.78 118165 08123/2007 004789 VERIZON ONLINE Aug Internet svcs xx9647@ Library 439.95 439.95 118166 08123/2007 009101 VISION ONE INC Jul Showare ticketing srvcs:Theater 1,233.80 1,233.80 118167 08123/2007 001890 VORTEX DOORS garage door repairs:Fire Stn 73 196.00 196.00 118168 08123/2007 001342 WAXIE SANITARY SUPPLY INC custodial supplies:CRC/City Hall 460.39 460.39 118169 08123/2007 011290 WE JUST DELIVER rirshmnts:city council mtg 7/24 187.10 187.10 118170 08123/2007 003730 WEST COAST ARBORISTS INC 7/16-31/07 Citywide tree trimming srvcs 2,586.00 2,586.00 118171 08123/2007 000621 WESTERN RIVERSIDE COUNCIL FY 07/08 City membership dues 17,854.00 OF FY 07/08 dues & annual report 6,280.81 24,134.81 118172 08123/2007 011310 WHITE, TINA refund:Toddler Swim Lessons/5108.504 40.00 40.00 Page:14 apChkLst 08/23/2007 1:04:51PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 118173 08123/2007 004774 WOODCREST UNIFORMS Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Check Total uniform srvcs:Police Explorer Prgm uniform srvcs:Police 48.00 6.00 Page: 15 54.00 3,252,778.69 Grand total for UNION BANK OF CALIFORNIA: Page:15 apChkLst 08/23/2007 1:04:51PM Final Check List CITY OF TEMECULA Page: 16 180 checks in this report. Grand Total All Checks: 3,252,778.69 Page:16 apChkLst Final Check List Page: 1 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor Description Amount Paid Check Total 916 08130/2007 000246 PERS (EMPLOYEES' PERS ER Paid Member Contr Payment 122,988.46 122,988.46 RETIREMENT) 917 08127/2007 005460 U S BANK CFD 88-12 Debt Service Pmt 1,188,846.25 1,188,846.25 918 08127/2007 005460 U S BANK transfer tax pmt to spec tax fund 174,550.86 174,550.86 919 08127/2007 005460 U S BANK remittance of 06/07 SS#3 178,438.77 178,438.77 920 08129/2007 005460 U S BANK transfer admin exp funds:Harveston II 6,483.84 6,483.84 921 08130/2007 007371 HARVESTON, LLC Refund:Harveston Bridge Deposit 10,528.41 10,528.41 922 08129/2007 005460 U S BANK tax pmt:962010007-9/961020026-0 128,763.70 128,763.70 118174 08130/2007 011137 ADIKES, KIM Fire in the Sky/Practical Magic 24.95 24.95 118175 08130/2007 008552 ADKINS DESIGN CONSULTING graphic design svcs: Theater 492.00 492.00 118176 08130/2007 006915 ALLIE'S PARTY EQUIPMENT party rental equip: st painting fest 867.35 867.35 118177 08130/2007 009767 AL TA LOMA CHARTER INC bus transportation:Knotts Berry Farm 890.27 890.27 118178 08130/2007 004240 AMERICAN FORENSIC NURSES DUI & drug screening: Police 296.00 DUI & drug screening: Police 222.00 518.00 118179 08130/2007 008595 AMERICAN INTL GROUP INC Worker's Camp August 2007 36,615.00 36,615.00 118180 08130/2007 001587 AMERICAN PUBLIC WORKS Greenbook Seminar:Hudson/McAteer 240.00 240.00 ASSN. 118181 08130/2007 008279 AMERICOMP IN FOSYSTEMS INC computer supplies: Library 86.20 86.20 118182 08130/2007 000101 APPLE ON E INC temp help ppe 8/11 Arulogun 65.52 temp help ppe 8/11 Freitas, C 65.52 temp help ppe 8/11 Fegurgur, M 65.52 temp help ppe 8/11 Jackson, S 65.52 262.08 118183 08130/2007 011324 ARELLANO, GINA Refund: Gina/Carin-Getty Center 30.00 30.00 Page:1 apChklst Final Check List Page: 2 08/3112007 1:44:53PM CITY OF TEMECUlA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118184 08130/2007 003203 ARTISTIC EMBROIDERY Uniform ShirtsTcsd Staff 582.93 582.93 118185 08130/2007 007385 BAUDVlllE INC emp recognition awards: HR 170.25 170.25 118186 08130/2007 002541 BECKER CONSTRUCTION SRVS canst svcs:Margarita & Via Rio 5,245.00 5,245.00 INC 118187 08130/2007 004262 BIO-TOX LABORATORIES DUI & drug screening: Police 1,041.00 DUI & drug screening: Police 933.00 DUI & drug screening: Police 538.84 2,512.84 118188 08130/2007 011230 BONilLA, GERMAN Periormance:Summer Nights 400.00 400.00 118189 08130/2007 009653 CPR S PARK OPERATIONS Bass lake cnf:11/7-9 Adkisson, C 285.00 285.00 118190 08130/2007 011229 CA SURVEYING & DRAFTING GeoExplorer stand alone sys:IS 6,439.12 SUPPLY credit: trade in mapping software -1,500.00 4,939.12 118191 08130/2007 003138 CAl MAT PW patch truck materials 756.01 PW patch truck materials 568.49 PW patch truck materials 451.04 PW patch truck materials 445.42 PW patch truck materials 355.36 2,576.32 118192 08130/2007 005321 CALIF ASSOC OF CODE New CACEO Mb: Smith, Zara 75.00 75.00 118193 08130/2007 001054 CALIF BUilDING OFFICIALS CA Nonresident Disabled Access 265.40 265.40 118194 08130/2007 004248 CALIF DEPT OF JUSTICE- DUI & drug screening: Police 1,925.00 ACCTING DUI & drug screening: Police 70.00 DUI & drug screening: Police 70.00 DUI & drug screening: Police 35.00 DUI & drug screening: Police 35.00 2,135.00 118195 08130/2007 010434 CATERERS CAFE refreshments:8120 military ad mtg 191.14 191.14 118196 08130/2007 004017 COMERCHERO, JEFF Reimb:lCC Mayor's1Council Cf:7125-28 222.23 Reimb:ln't Shop Ctrs Cf:5/2G-22:lasVgs 49.77 Reimb:NlC CEO Com. Cf:6113-16:CT 26.69 298.69 118197 08130/2007 000442 COMPUTER ALERT SYSTEMS new smoke detectors:Ch Museum 2,906.00 alarm monitoring svcs: Citywide 2,507.85 5,413.85 Page2 apChkLst Final Check List Page: 3 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118198 08130/2007 001923 CONVERSE CONSULTANTS Jun Geotech SVcs:Rancho Cal/I-15 6,537.00 6,537.00 118199 08130/2007 003986 COZAD & FOX INC Jul Eng Svcs:79s1Pechanga 13,881.50 May-Aug eng svcs:Santa Mgita 7,842.50 21,724.00 118200 08130/2007 010650 CRAFTSMENT PLUMBING & shower repair: Stn 73 385.00 385.00 HVACINC 118201 08130/2007 008758 CROSSROADS SOFTWARE INC thumbprint reader/printer supplies:PD 2,198.10 2,198.10 118202 08130/2007 004123 D L PHARES & ASSOCIATES Sept lease/maint pmts: police 2,556.79 2,556.79 118203 08130/2007 011334 DAVIS, DAVE Reimb: storm drain maint items 121.22 121.22 118204 08130/2007 011325 DEL MORAL, LETICIA Refund: Jorge/Leticia Tennis 190.00 190.00 118205 08130/2007 004192 DOWNS COMMERCIAL FUELING Fuel for City vehicles: TCSD 2,023.12 INC Fuel for City vehicles: PW Maint 1,705.59 Fuel for City vehicles:PW Land Dv 625.12 Fuel for City vehicles: B&S 526.26 Fuel for City vehicles: Planning 517.45 Fuel for City vehicles: PWCIP 140.28 Fuel for City vehicles: PWfTCSD/BS 129.64 Fuel for City vehicles: TCSD/PW 116.93 Fuel for City vehicles: Police 65.91 5,850.30 118206 08130/2007 011327 DUARTE, AZUCENA Refund: Security Deposit CRC 8/18 150.00 150.00 118207 08130/2007 005880 EDGE DEVELOPMENT INC. Rei stop Ntc: Imperial Sprinkler 2,265.21 2,265.21 118208 08130/2007 008704 EDVVARDS,MARYANN Reimb:LCC Mayor's1Council Cf:7125-28 329.80 329.80 118209 08130/2007 005115 ENTERPRISE RENT A CAR INC Van rental:history museum 137.72 Van rental:history museum 116.17 253.89 118210 08130/2007 011203 ENVIRONMENTAL CLEANING Jul janitorial svcs: tcsd parks 5,102.00 5,102.00 Page:3 apChkLst Final Check List Page: 4 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118211 08130/2007 001056 EXCEL LANDSCAPE Julldscp svc: sports parks 44,371.22 Jullndscp svc:south slope areas 43,151.22 Julldscp svc:north slope areas 29,372.80 Julldscp svc: medians 14,070.19 Jul Ldscp MaintLibrary/FirefTcsd 9,542.19 credit:Gallery Home billed incorrectly -85.00 140,422.62 118212 08130/2007 011336 FAGES, CHRISTINE Refund: room rntl Library 9/5 122.50 122.50 118213 08130/2007 003747 FINE ARTS NETWORK TCSD Instructor Earnings 563.50 TCSD Instructor Earnings 367.50 931.00 118214 08130/2007 011283 GABRIEL ROEDER SMITH & Jul Consulting Svc:Retirement Health 5,322.50 COMPANY Jul Consulting Svc:Retirement Health 4,177.00 9,499.50 118215 08130/2007 010270 GATES, ANDREW JODY Entertainment:Hot Summer Nights 300.00 300.00 118216 08130/2007 000177 GLENNIES OFFICE PRODUCTS Office Supplies: TCSD 697.86 697.86 INC 118217 08130/2007 009909 GOULD JR, WILLIAM JAMES stage lights: Harveston concert 225.00 225.00 118218 08130/2007 008361 GRAPE STOMPERS SQ DANCE TCSD instructor earnings 213.50 CLUB TCSD instructor earnings 63.00 TCSD instructor earnings 49.00 TCSD instructor earnings 42.00 TCSD instructor earnings 35.00 TCSD instructor earnings 35.00 437.50 118219 08130/2007 011132 HIGDON, STEPHANIE Refund: Security Deposit CRC 8/17 150.00 150.00 118220 08130/2007 010550 HOME DEPOT, THE hardware suppplies: PVI/ 559.44 hardware supplies: PW 111.89 671.33 118221 08130/2007 009693 INLAND VALLEY CLASSICAL Peformance: Sleeping Beauty 4,015.39 4,015.39 BALLET 118222 08130/2007 001186 IRWIN, JOHN TCSD instructor earnings 138.60 138.60 118223 08130/2007 010428 IT'S A DOGS WORLD K-9 TCSD Instructor Earnings 787.50 787.50 ACADEMY 118224 08130/2007 010023 J H C H REDLANDS LAND CO LLC Refund:permit application correction 8,962.21 8,962.21 Page:4 apChkLst Final Check List Page: 5 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118225 08130/2007 011328 LAWAY-PINCHOT, ELEANOR Refund: Beginning Guitar 85.00 85.00 118226 08130/2007 008414 LICITRA, ALDO CA Reg En\ffmntl Assessor Pgm 100.00 100.00 118227 08130/2007 011287 LINDY OFFICE PRODUCTS Humanscale office furniture:Finance 510.87 510.87 118228 08130/2007 010579 L1NENS'N THINGS Bedding: station 92 1,822.44 1,822.44 118229 08130/2007 004141 MAINTEX INC custodial supplies: CRC 762.63 custodial supplies: C. Museum 552.08 1,314.71 118230 08130/2007 001967 MANPOWER TEMPORARY temp help ppe 08/05 JAlMS 1,102.25 1,102.25 SERVICES 118231 08130/2007 004307 MARINE BIOCHEMISTS Aug water maint srvcs:Harv/Duck Pond 4,855.00 4,855.00 118232 08130/2007 002666 MASON & MASON REAL ESTATE Roadway Easements Apprasial:Pech.Pkwy 3,300.00 3,300.00 118233 08130/2007 011339 MCCLURE, TATIANA refund: "Master of Disguise" 14.95 14.95 118234 08130/2007 009541 MEYER AND ASSOCIATES Mar dsgn srvcs:TCC expansion 5,440.00 5,440.00 118235 08130/2007 008091 MILLMORE'S WAA CREW City vehicles detailing svcs:PW Depts 150.00 City vehicles detailing svcs:PW Depts 75.00 City veh detailing srvcs:I.S.lRcrdslC.S. 25.00 City veh detailing srvcs:I.S.lRcrdslC.S. 25.00 City veh detailing srvcs:I.S.lRcrdslC.S. 25.00 300.00 118236 08130/2007 001384 MINUTEMAN PRESS correction ntcslbus.cards: L.Stiles 601.74 Business Cards: Fire Personnel 208.61 business cards: Code Enforce staff 130.11 business cards: T. Buckley 120.78 business cards: Lt. Price 116.96 business cards: J. Williams 116.96 Business Cards: L. Spelman/S. Moore 89.70 business cards: M. Amezcua 43.37 1,428.23 118237 08130/2007 010103 MIRAN ENTERPRISES INC Res Imprv Prgm: Elaine Smith 519.60 519.60 118238 08130/2007 001868 MIYAMOTO-JURKOSKY, SUSAN TCSD Instructor Earnings 350.00 350.00 A. PageS apChkLst Final Check List Page: 6 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118239 08130/2007 005887 MOFFATT & NICHOL ENGINEERS 01/28-03/31/07 srvcs:F.V.Pkwy pw0211 114,720.75 114,720.75 118240 08130/2007 011329 MOGHADAM, All refund:eng license #tr 1883 125.00 125.00 118241 08130/2007 004586 MOORE FENCE COMPANY Install Fencing:Kent Hintergardt Park 3,669.00 3,669.00 118242 08130/2007 010990 MOORE IACOFANO GOLTSMAN Jul consulting srvcs:youth master plan 7,691.67 7,691.67 INC 118243 08130/2007 004522 MULLlGANS FAMILY FUN Excursion:smr day camp 7/19/07 2,097.20 CENTER Excursion:Teen Day Camp 7/3/07 239.84 2,337.04 118244 08130/2007 010937 MUNOA, KATHRYN A Refund: Cite 55226 Dismissed 300.00 300.00 118245 08130/2007 001986 MUZAK -SOUTHERN CALIFORNIA Sep "on-hold" phone music:City Fac's 131.72 131.72 118246 08130/2007 002925 NAPA AUTO PARTS misc supplies:pw maint div 211.80 211.80 118247 08130/2007 011293 NATIONAL ASSN OF INDUSTRIAL spnsrshp/advertisement:NAIOP bus tour 3,000.00 3,000.00 118248 08130/2007 009793 NATIONAL BUSINESS Security srvcs: Street Painting 6/23/07 520.00 520.00 118249 08130/2007 007212 NATIONAL INSTITUTE OF "Personal Report" 1 yr subscr:C.Mgr. 73.00 73.00 BUSINESS 118250 08130/2007 008374 NATIONWIDE SHELVING Off-site storage shelving:Records Mgmt 1,230.00 1,230.00 118251 08130/2007 008630 NEGRETE, MARIA refund:sec.depositlCRC 8/26/07 346.00 346.00 118252 08130/2007 002898 NIXON EGLI EQUIPMENT equip serv repair:pw maintenance 615.70 615.70 COMPANY 118253 08130/2007 009337 NOLTE ASSOCIATES INC 7/6-8/2107 Dsgn:Ped/Bicycle Bridge 165.00 165.00 118254 08130/2007 002139 NORTH COUNTY TIMES 1 yrsubscr:PW233144 114.00 1 yr subscr:Planning 219397 114.00 228.00 118255 08130/2007 002139 NORTH COUNTY TIMES 1 yr subscr:C.M.Office 230233 114.00 114.00 Page:6 apChkLst Final Check List Page: 7 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118256 08130/2007 004401 NU VISION PRODUCTIONS video prod:temecula outreach prgm 2,058.00 2,058.00 118257 08130/2007 002292 OASIS VENDING coffee & kitchen supplies: City Hall 478.37 coffee & kitchen supplies: West \/\ling 181.02 659.39 118258 08130/2007 003964 OFFICE DEPOT BUSINESS SVS misc office supplies: Police 104.60 104.60 DIV 118259 08130/2007 006721 OFFICEMAX - A BOISE COMPANY USB 2.0 Flash Drives for the ALPR 292.90 misc. office supplies: Finance 80.57 USB 2.0 Flash Drives for the ALPR 51.69 425.16 118260 08130/2007 002105 OLD TOWN TIRE & SERVICE City Vehicle RepairlMaint Svcs 764.88 City Vehicle Repair/Maint SVcs 764.88 City Vehicle Repair/Maint SVcs 764.88 City Vehicle Repair/Maint SVcs 229.77 City Vehicle Repair/Maint SVcs 164.42 City Vehicle Repair/Maint SVcs 110.29 City Vehicle Repair/Maint SVcs 49.95 City Vehicle Repair/Maint SVcs 34.27 2,883.34 118261 08130/2007 001171 ORIENTAL TRADING COMPANY program supplies: C. Museum 115.80 115.80 INC 118262 08130/2007 002256 P & D CONSULTANTS INC Jul plan check srvcs: Bob Henderson 11,360.89 11,360.89 118263 08130/2007 006552 PAINTED EARTH Excursion:day camp 7/5/07 1,150.38 1,150.38 118264 08130/2007 000249 PETTY CASH Petty Cash Reimbursement 464.13 464.13 118265 08130/2007 007484 PHILIPS MEDICAL SYSTEMS INC Purchase 32 Aed Units:AgrmntfTwsd 31,445.44 misc CPR supplies: Paramedics 844.76 32,290.20 118266 08130/2007 004515 PLASTIC LUMBER COMPANY Street Name Signs:Pw Maintenance 6,134.02 6,134.02 INC,THE 118267 08130/2007 005075 PRUDENTIAL OVERALL SUPPLY Jul uniforms/flr matsltwl rentals:tcsd 1,240.60 1,240.60 118268 08130/2007 001416 QUICK CRETE PRODUCTS INC waste containers: parks 5,468.32 waste containers: parks 781.19 6,249.51 118269 08130/2007 011141 R P M MATERIAL HANDLING CO Fork Lift Truck:Pw Maint Div 21,803.21 21,803.21 Page:? apChkLst Final Check List Page: 8 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118270 08130/2007 002072 RANCHO CALIF WATER DIST- Install irrigation meters:Diaz Rd 4,151.00 4,151.00 FEES 118271 08130/2007 000262 RANCHO CALIF WATER DISTRICT Various TCSD Water Meters 3,684.22 Aug 01-08-38009-0 Fire Stn 92 81.96 3,766.18 118272 08130/2007 000907 RANCHO TEMECULA CAR WASH Jul Vehicles Detaling Srvcs:Var City Dpt 354.00 354.00 118273 08130/2007 004498 REPUBLIC INTELLIGENT Jul '07 Traff Sgnl Call Outs/Repairs:Pw 5,191.05 traffic sgnl repair&maintMarg/R.Vista 700.00 traffic sgnl repair&maintWinch/Diaz 350.00 Jul '07 Street Light Maintpw 253.50 6,494.55 118274 08130/2007 007402 RICHARD BRADY & ASSOCIATES 6/3-7/28/07 dsgn:Field Oper Ctr 6,372.55 6,372.55 118275 08130/2007 011101 RIVERSIDE LAND Jun-Jul Consulting Srvcs:Open Space 5,108.97 5,108.97 CONSERVANCY 118276 08130/2007 003587 RIZZO CONSTRUCTION INC repair/recharge refrigerator:TCC 678.41 678.41 118277 08130/2007 006365 RUBIN, STEVEN P. TCSD Instructor Earnings 1,008.00 TCSD Instructor Earnings 672.00 TCSD Instructor Earnings 336.00 2,016.00 118278 08130/2007 009196 SACRAMENTO THEATRICAL Stage lighting supplies:Theater 1,116.02 1,116.02 LIGHTING 118279 08130/2007 005329 SAFE ALTERNATIVE FOR FY 07/08 Community Service Funding 1,000.00 1,000.00 EVERYONE 118280 08130/2007 009621 SCOTTSDALE COMMERCE LLC Off-site doc. storage/unit A-utility expo 275.00 275.00 118281 08130/2007 006554 SHAFFER, FRED periorm:Hot Smr Nights 7120, 8/10, 8/31 1,200.00 1,200.00 118282 08130/2007 004609 SHREDFORCE INC Aug doc. shredding svcs:Rcrds Mgmt 110.00 Aug doc. shredding svcs:CRC 22.50 132.50 118283 08130/2007 009746 SIGNS BY TOMORROW install new lettering/sign: Planning 81.23 81.23 118284 08130/2007 004460 SILVERADO BLUEGRASS BAND entertainment:Hot Smr Nights 8/11 750.00 entertainment:Hot Smr Nights 8/31 300.00 1,050.00 Page:8 apChkLst Final Check List Page: 9 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118285 08130/2007 000645 SMART & FINAL INC misc supplies: day camp 210.39 Rec Supplies: Children's Museum 186.27 lifeguard recogn supplies: Aquatics 129.94 misc supplies:mpsc 74.12 misc supplies: day camp 69.47 Rec Supplies: Children's Museum 68.24 738.43 118286 08130/2007 002718 SO CALIF CITY CLERKS ASSN registr/mtg 9/20 Upland,Ca SJ/GF/CD 105.00 105.00 118287 08130/2007 000537 SO CALIF EDISON Aug 2-00-397-5042 City Hall 9,828.95 Aug 2-02-351-4946 MPSC 2,327.62 Aug 2-29-223-8607 Old Twn PED 1,851.73 Aug 2-00-397-5067 various mtrs 1,738.00 Aug 2-29-295-3510 Wolf Vlly 1,618.26 Aug 2-14-204-1615 Front st Rdio 44.36 Aug 2-21-981-4720 Hwy 79S 62.34 Aug 2-27-371-8494 Offsite Storage 22.29 Aug 2-18-937-3152T.Museum 1,503.94 Aug 2-20-817-9929 Police OT Stn 459.66 Aug 2-28-904-7706 Overland Trail 131.05 Aug 2-19-171-8568 Wedding Chpl 96.51 19,684.71 118288 08130/2007 001212 SO CALIF GAS COMPANY Aug 095-167-7907-2 Fire Stn 84 177.64 Aug various gas meter chrgs 701.79 Aug 101-525-1560-6 Fire Stn 73 58.25 Aug 133-040-7373-0 Maint Fac 18.02 Aug 125-244-2108-3 Library 14.30 970.00 118289 08130/2007 010942 SONSHINE LANDSCAPE prgs pmt #2:Marg Dog Park 37,503.90 37,503.90 COMPANY 118290 08130/2007 000519 SOUTH COUNTY PEST CONTROL Jul pest control srvcs: var parks 351.00 INC eradicate 4 bee hives:villages S-8 336.00 Jul pest control srvcs:PBSP 42.00 credit: Jul pest control srvcs/PBSP -3.00 726.00 118291 08130/2007 007851 SOUTH COAST HEATING & AIR HVAC repair: City Hall 477.01 hvac repair/maint: theater 225.00 HVAC repair: MPSC 187.50 HVAC repair: C. Museum 180.82 1,070.33 118292 08130/2007 011330 SPM WOLF CANYON LLC refund:CFD 03-03 tax pmt 128,763.70 128,763.70 118293 08130/2007 000293 STADIUM PIZZA INC Refreshments: Day Camp 7/5/07 Event 386.66 Refreshments for F.A.M. Event 8/20 251.54 638.20 Page:9 apChkLst Final Check List Page: 10 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118294 08130/2007 008337 STAPLES BUSINESS misc office supplies:T. Museum 205.53 205.53 ADVANTAGE 118295 08130/2007 003840 STRONGS PAINTING prep,patch,paint planning dept:City Hall 1,950.00 1,950.00 118296 08130/2007 002651 SUN BADGE COMPANY Uniform badge:code enforcement 85.39 85.39 118297 08130/2007 007698 SWANK MOTIONS PICTURES, "Over the Hedge"rental:smr film event 371.00 INC. "Charlotte's Web" rental:smrfilm event 271.00 642.00 118298 08130/2007 010215 T & T JANITORIAL Aug janitorial services:City Facilities 7,301.76 7,301.76 118299 08130/2007 010725 T S A STORES INC summer/fall softballs: tcsd sports prgm 2,333.46 2,333.46 118300 08130/2007 000305 TARGET BANK BUS CARD SRVCS misc. supplies:family fun nite pgrm 189.61 misc recreation supplies: mpsc 146.41 misc supplies: day camp pgrm 100.50 misc supplies: day camp pgrm 47.57 hospitality supplies:theater 38.77 misc recreation supplies: mpsc 32.61 misc supplies:FIT pgrm 26.92 misc supplies: day camp pgrm 26.83 misc supplies: day camp pgrm 19.45 recreation supplies: fam 11.40 640.07 118301 08130/2007 009500 TEMEC ELECTRONICS, INC Jul supplieslequip:lnfo SyslPW 130.20 130.20 118302 08130/2007 008292 TEMECULA DIESEL AUTO & veh maint & repair:pw maint div 850.17 850.17 TRUCK 118303 08130/2007 010848 TEMECULA PLANTSCAPE Aug '07 lease pmt:plants @ library 400.00 400.00 118304 08130/2007 000307 TEMECULA TROPHY COMPANY Plaques & ribbons:4th of July Parade 941.30 misc supplies: SMART prgm 189.64 misc supplies: mpsc 118.42 Lifeguard recogn awards: Aquatics 107.75 Lifeguard recogn awards: Aquatics 101.82 nameplates:G .B.lSgt.AlbertlSgt.Southern 27.48 1,486.41 118305 08130/2007 003862 THYSSENKRUPP Jul-Sep Elev Maint Inspections:City Facs 2,040.00 ELEVATOR.BRNCH 37 emerg response/elevator stuck:City Hall 1,496.25 annual pressure relief test: West Wing 670.00 4,206.25 Page:10 apChkLst Final Check List Page: 11 08/3112007 1:44:53PM CITY OF TEMECULA Bank: union UNION BANK OF CALIFORNIA (Continued) Check # Date Vendor Description Amount Paid Check Total 118306 08130/2007 010276 TIME WARNER CABLE Aug high speed internet MPSC 44.95 44.95 118307 08130/2007 004145 TIME WARNER TELECOM Aug City phones general usage 1,036.69 1,036.69 118308 08130/2007 000978 TIP OF SW RIVERSIDE COUNTY DonationfTable Reserv:Hero's W/Heart9121 550.00 550.00 INC 118309 08130/2007 011232 TURNER ELECTRIC install 30 amp outlet/food cart: mpsc 510.22 510.22 118310 08130/2007 005460 U S BANK Admin fees: Ynez Corridor CFD 88-12 3,300.00 3,300.00 118311 08130/2007 008517 UNITED SITE SERVICES OF 8/16-9/12/07 Fence Rental:Main St Bridge 26.40 26.40 CA,INC 118312 08130/2007 011338 VAN WICK, JEFFREY refund: "Electric Christmas" 19.99 19.99 118313 08130/2007 004261 VERIZON Aug xxx-5706 Field OPS Cntr 1,065.09 Aug xxx-5275 PO DSL 32.99 Aug xxx-3984 M.Naggar 32.02 Aug xxx-5696 Sports Complex 31.93 Aug xxx-2676 general usage 31.93 Aug xxx-7786 C. Washington 30.93 Aug xxx-3526 fire alarm 1.77 1,226.66 118314 08130/2007 004789 VERIZON ONLINE Aug Internet svcs xx2527 Police DSL 39.95 39.95 118315 08130/2007 011331 VERZOSA, DAWN N. refund:sec.deposit/RRSP shelter 8/10 150.00 150.00 118316 08130/2007 008445 WALT ALLEN ARCHITECT consulting svcs:Erle Stanley exhibit 2,615.00 2,615.00 118317 08130/2007 011213 WAVE WATERPARK, THE Summer Day Camp excursion 8/16/07 1,380.00 1,380.00 118318 08130/2007 011337 WEL TV, LORRAINE refund: "My Robot Buddy" 4.99 4.99 118319 08130/2007 003730 WEST COAST ARBORISTS INC Root Prune Parking Lot Planters:City Hal 1,100.00 1,100.00 118320 08130/2007 011326 WILLSON, DON refund:family excursion/Getty Ctr 8/18 30.00 30.00 118321 08130/2007 010502 WINDOWS IT PRO annual \l\lindows IT Pro subscr:lnfo Sys 54.95 54.95 Page:11 apChkLst 08/3112007 1:44:53PM Bank: union UNION BANK OF CALIFORNIA Check # Date Vendor 118322 08130/2007 009173 WORD MILL PUBLISHING 118323 08130/2007 000348 ZIGLER, GAIL Final Check List CITY OF TEMECULA (Continued) Description Amount Paid Check Total Aug Advertising: C. Museum Aug advertising:Aglow in the Park event 375.00 375.00 Page: 12 750.00 219.96 2,591,589.64 reimb:movies/park-art gallery supplies reimb:video supplieslrec prgms 122.55 97.41 Grand total for UNION BANK OF CALIFORNIA: Page:12 apChkLst 08/3112007 1:44:53PM Final Check List CITY OF TEMECULA Page: 13 157 checks in this report. Grand Total All Checks: 2,591,589.64 Page:13 I~-- . , II ITEM NO.4 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~f'" /J1l ~ CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: September 11, 2007 SUBJECT: City Treasurer's Report as of July 31, 2007 PREPARED BY: Rudy Graciano, Revenue Manager Shannon Buckley, Accountant RECOMMENDATION: Approve and file the City Treasurer's Report as of July 31, 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 (LA IF) 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 July 31,2007. FISCAL IMPACT: None. ATTACHMENTS: City Treasurer's Report as of July 31, 2007 City of Temecula, California Portfolio Management Portfolio Summary July 31, 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 1,127 5.BGG 5.B78 Managed Pool Accolllts 73,B82,5G5.25 73,B82,5G5.25 73,B82,5G5.25 3B.52 , , 5.132 5.203 Letter of Credit TOG TOG 3.00 0.00 , , O.GGG O.GGG LccalAgencylnv6<3tmeriFunds 75,329,B98.52 75,303,B75.09 75,329,B98.52 37.34 , , 5.153 5.255 FederalAgE>llcyCallableSecurities 44,795,000.00 44,574,425.45 44,788,485.00 22.20 1,229 ", 4.094 4.151 FederalAgE>llcyBuletS~llities 2,GGG,GGO.OG 1,999,380.00 2,GGG,GGO.OG 099 no en 5.0B1 5.132 InvestrnentContracts 5,GBB,400.7B 5,GBB,400.7B 5,GBB,400.7B 2.51 9,33B 7,341 4.289 4.349 201,747,679.06 201,500,461.08 201,741,164.06 100.00% 521 305 4.901 4.969 Investments Cash and Accrued Interest Passbook/Chockirr;] 1,500,125.B7 1,500,125.B7 1,500,125.B7 1.BB5 U00 (rKltincludooin'yieldcalculatioos) Accrued Interest at plfchase 4,510.GB 4,510.GB Subtotal 1,592,B43.73 1,592,B43.73 Total Cash and Investments 203,335,804.73 203,093,104.81 203,333,807.79 521 305 4.901 4.969 Total Earnings July31 Month Ending Fiscal Year To Date CurrentYear 927,402.82 927,402.82 Average Daily Balance 225,426,192.04 194,545,504.08 Effective Rate of Return 4.84% 0.44% Reporting period 0710112007-07/3112007 Portfolio TEME CP PM(PRF]M1)SymFep8.41.2D2a ReportVer.5.DD Run Date: Dq/D4I20D7. 1D:49 City of Temecula, California Portfolio Management Page 2 Portfolio Details - Investments July 31, 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 1,127 09/01/2010 --- Subtotal and Average 873,983.53 873,983.53 873,983.53 873,983.53 5.600 5.678 1,127 Managed Pool Accounts 104348008 01-2 IMP First American Treasury 09/01/2006 248,729.07 248,729.07 248,729.07 4.680 4.616 4.680 104348006 01-2 RES A First American Treasury 09/01/2006 457,729.33 457,729.33 457,729.33 4.680 4.616 4.680 104348016 01-2 RES B First American Treasury 09/01/2006 210,711.92 210,711.92 210,711.92 4.680 4.616 4.680 104348000 01-2 SP TAX First American Treasury 09/01/2006 640,319.61 640,319.61 640,319.61 4.680 4.616 4.680 94669911 03-1 ACOA1 First American Treasury 4,132.53 4,132.53 4,132.53 4.680 4.616 4.680 94669921 03-1 ACOB1 First American Treasury 14,617.52 14,617.52 14,617.52 4.680 4.616 4.680 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 241,029.43 241,029.43 241,029.43 4.680 4.616 4.680 94669000 03-1 SPTAX First American Treasury 691,145.93 691,145.93 691,145.93 4.680 4.616 4.680 793593011 03-2 ACO First American Treasury 455.14 455.14 455.14 4.680 4.616 4.680 793593009 03-2 EMW D First American Treasury 851.58 851.58 851.58 4.680 4.616 4.680 793593007 03-2 IMP First American Treasury 836.80 836.80 836.80 4.680 4.616 4.680 793593010 03-2 PW ADM First American Treasury 250.90 250.90 250.90 4.680 4.616 4.680 793593006 03-2 RES First American Treasury 796.31 796.31 796.31 4.680 4.616 4.680 793593000 03-2 SP TX First American Treasury 02/01/2007 323,335.76 323,335.76 323,335.76 4.650 4.586 4.650 744727011 03-3 ACO 1 First American Treasury 8,794.82 8,794.82 8,794.82 4.680 4.616 4.680 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 107.99 107.99 107.99 4.680 4.616 4.680 744727009 03-3 EMW D 1 First American Treasury 978.18 978.18 978.18 4.680 4.616 4.680 94669000 03-3 SP TAX First American Treasury 1,190,476.51 1,190,476.51 1,190,476.51 4.680 4.616 4.680 94686001 03-4 ADMIN First American Treasury 17,299.38 17,299.38 17,299.38 4.680 4.616 4.680 94686005 03-4 PREPMT First American Treasury 3,937.97 3,937.97 3,937.97 4.680 4.616 4.680 94686000 03-4 REDEMP First American Treasury 70,024.84 70,024.84 70,024.84 4.650 4.586 4.650 94686006 03-4 RES First American Treasury 107,702.86 107,702.86 107,702.86 4.680 4.616 4.680 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 17.59 17.59 17.59 4.660 4.596 4.660 786776006 03-6 RES First American Treasury 352,649.02 352,649.02 352,649.02 4.680 4.616 4.680 786776000 03-6 SP TAX First American Treasury 169,986.99 169,986.99 169,986.99 4.680 4.616 4.680 95453510 88-12 BOND First American Treasury 94.23 94.23 94.23 4.680 4.616 4.680 95453515 88-12 DMR 1 First American Treasury 0.00 0.00 0.00 4.680 4.616 4.680 95453518 88-12 GEN I First American Treasury 07/01/2007 215.82 215.82 215.82 4.680 4.616 4.680 107886000 RDA 06 A INT First American Treasury 01/29/2007 714,618.23 714,618.23 714,618.23 4.680 4.616 4.680 107886010 RDA 06 B INT First American Treasury 06/11/2007 1,928.24 1,928.24 1,928.24 4.680 4.616 4.680 Portlolio TEME CP Run Date: 09/04/2007-10:49 PM (PRF _PM2) SymRept 6.41.202a ReportVer.5.00 City of Temecula, California Portfolio Management Page 3 Portfolio Details - Investments July 31, 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 174.88 174.88 174.88 4.680 4.616 4.680 107886018 RDA 06 CIP B First American Treasury 12/14/2006 324.55 324.55 324.55 4.680 4.616 4.680 107886009 RDA 06 COI A First American Treasury 12/14/2006 35,538.04 35,538.04 35,538.04 4.680 4.616 4.680 107886019 RDA 06 COI B First American Treasury 12/14/2006 6,276.54 6,276.54 6,276.54 4.680 4.616 4.680 107886016 RDA 06 RES B First American Treasury 12/14/2006 3,443.75 3,443.75 3,443.75 4.680 4.616 4.680 94434160 RDA TABs INT First American Treasury 1,107,208.80 1,107,208.80 1,107,208.80 4.680 4.616 4.680 94432360 TCSD COPs IN First American Treasury 758.62 758.62 758.62 4.680 4.616 4.680 793593011-1 03-2-1 ACOUI CA Local Agency Investment Fun 07/01/2007 39,834,000.00 39,834,000.00 39,834,000.00 5.255 5.183 5.255 793593009-1 03-2-1 EMW D CA Local Agency Investment Fun 07/01/2007 1,457,000.00 1,457,000.00 1,457,000.00 5.255 5.183 5.255 793593007-1 03-2-1 IMPRO CA Local Agency Investment Fun 07/01/2007 1,121,000.00 1,121,000.00 1,121,000.00 5.255 5.183 5.255 793593010-1 03-2-1 PW AD CA Local Agency Investment Fun 07/01/2007 691,000.00 691,000.00 691,000.00 5.255 5.183 5.255 793593006-3 03-2-3 RESER CA Local Agency Investment Fun 07/01/2007 3,698,000.00 3,698,000.00 3,698,000.00 5.255 5.183 5.255 107886008-1 RDA 06 CIP-1 CA Local Agency Investment Fun 12/14/2006 17,401,914.93 17,401,914.93 17,401,914.93 5.255 5.183 5.255 107886018-2 RDA 06 CIP-2 CA Local Agency Investment Fun 12/14/2006 2,852,087.76 2,852,087.76 2,852,087.76 5.255 5.183 5.255 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 90,324,377.67 73,682,505.25 73,682,505.25 73,682,505.25 5.132 5.203 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 1,432,049.68 1,432,049.68 1,432,049.68 5.255 5.183 5.255 94669921-1 03-1 ACO B2 CA Local Agency Investment Fun 3,612,212.75 3,612,212.75 3,612,212.75 5.255 5.183 5.255 744727011-1 03-3 ACO 2 CA Local Agency Investment Fun 8,724,120.35 8,724,120.35 8,724,120.35 5.255 5.183 5.255 744727007-1 03-3 CITY 2 CA Local Agency Investment Fun 3,012,377.76 3,012,377.76 3,012,377.76 5.255 5.183 5.255 744727009-1 03-3 EMW D 2 CA Local Agency Investment Fun 859,427.50 859,427.50 859,427.50 5.255 5.183 5.255 786776007-1 03-6 IMP 1 CA Local Agency Investment Fun 492,362.18 492,362.18 492,362.18 5.255 5.183 5.255 SYSCITY CITY CA Local Agency Investment Fun 26,175,093.48 26,163,184.40 26,175,093.48 5.255 5.183 5.255 SYSRDA RDA CA Local Agency Investment Fun 24,788,020.30 24,776,742.30 24,788,020.30 5.255 5.183 5.255 SYSTCSD TCSD CA Local Agency Investment Fun 6,234,034.52 6,231,198.17 6,234,034.52 5.255 5.183 5.255 --- Subtotal and Average 80,164,520.42 75,329,698.52 75,303,675.09 75,329,698.52 5.183 5.255 Run Date: 09/04/2007-10:49 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Page 4 Portfolio Details - Investments July 31, 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 31331XBC5 01056 Federal Farm Credit Bank 10/19/2006 2,000,000.00 1,999,380.00 2,000,000.00 5.500 5.425 5.500 1,540 10/19/2011 31331XCZ3 01057 Federal Farm Credit Bank 11/13/2006 1,000,000.00 999,380.00 1,000,000.00 5.250 5.178 5.250 B35 11/13/2009 31331XMA7 01058 Federal Farm Credit Bank 01/18/2007 2,000,000.00 1,995,000.00 2,000,000.00 5.400 5.326 5.400 1,631 01/18/2012 3133X55G9 01014 Federal Home Loan Bank 04/08/2004 3,050,000.00 3,021,421.50 3,050,000.00 3.100 3.058 3.101 160 01/08/2008 3133X52S6 01015 Federal Home Loan Bank 04/07/2004 2,965,000.00 2,936,269.15 2,965,000.00 3.000 2.960 3.001 159 01/07/2008 3133X55H7 01016 Federal Home Loan Bank 03/29/2004 3,000,000.00 2,972,820.00 3,000,000.00 3.000 2.960 3.001 149 12/28/2007 3133X55H7 01017 Federal Home Loan Bank 03/29/2004 1,000,000.00 990,940.00 1,000,000.00 3.000 2.960 3.001 149 12/28/2007 3133X5DV7 01018 Federal Home Loan Bank 04/14/2004 1,000,000.00 990,310.00 1,000,000.00 3.150 3.108 3.151 166 01/14/2008 3133X5GE2 01019 Federal Home Loan Bank 04/15/2004 2,000,000.00 1,980,000.00 2,000,000.00 3.070 3.029 3.071 167 01/15/2008 3133X5K49 01020 Federal Home Loan Bank 04116/2004 1,000,000.00 990,310.00 1,000,000.00 3.125 3.083 3.126 16B 01/16/2008 3133X5QF8 01021 Federal Home Loan Bank 04122/2004 2,000,000.00 1,978,760.00 2,000,000.00 3.000 2.960 3.001 174 01/22/2008 3133X5ZL5 01022 Federal Home Loan Bank 04/30/2004 2,000,000.00 1,982,500.00 2,000,000.00 3.520 3.473 3.521 1B2 01/30/2008 3133XCMC4 01032 Federal Home Loan Bank 08/31/2005 3,000,000.00 2,999,070.00 2,997,360.00 4.250 4.238 4.296 7 08/08/2007 3133XCY31 01033 Federal Home Loan Bank 09/14/2005 960,000.00 958,800.00 960,000.00 4.380 4.320 4.380 44 09/14/2007 3133XD2G5 01034 Federal Home Loan Bank 09/21/2005 3,000,000.00 2,989,680.00 2,998,125.00 4.375 4.347 4.407 142 12/21/2007 3133XD3Q2 01035 Federal Home Loan Bank 09/28/2005 620,000.00 619,032.80 620,000.00 4.400 4.340 4.400 5B 09/28/2007 3133XD3RO 01036 Federal Home Loan Bank 09/28/2005 2,000,000.00 1,989,380.00 2,000,000.00 4.500 4.438 4.500 240 03/28/2008 3133XD6F3 01038 Federal Home Loan Bank 09/28/2005 1,000,000.00 995,630.00 1,000,000.00 4.230 4.174 4.232 149 12/28/2007 3133XKGD1 01063 Federal Home Loan Bank 04125/2007 200,000.00 199,562.00 200,000.00 5.250 5.177 5.249 9B9 04/16/2010 3133XKGD1 01064 Federal Home Loan Bank 04/26/2007 1,000,000.00 997,810.00 1,000,000.00 5.250 5.177 5.249 9B9 04/16/2010 3133XL4P5 01066 Federal Home Loan Bank 06/04/2007 1,000,000.00 997,810.00 1,000,000.00 5.300 5.227 5.300 1,038 06/04/2010 3133XL6S7 01067 Federal Home Loan Bank 06/06/2007 1,000,000.00 998,750.00 1,000,000.00 6.000 5.918 6.000 1,771 06/06/2012 3133XLBS1 01068 Federal Home Loan Bank 07/19/2007 1,000,000.00 1,000,000.00 1,000,000.00 5.500 5.423 5.498 1,059 06/25/2010 3133XLSQ7 01069 Federal Home Loan Bank 07/30/2007 1,000,000.00 1,006,560.00 1,000,000.00 5.650 5.573 5.650 1,825 07/30/2012 3133XKHB4 1061 Federal Home Loan Bank 04/16/2007 1,000,000.00 999,690.00 1,000,000.00 5.250 5.178 5.250 259 04/16/2008 3133XKH24 1062 Federal Home Loan Bank 04116/2007 1,000,000.00 995,310.00 1,000,000.00 5.250 5.178 5.250 1,720 04/16/2012 3128X3SM6 01025 Federal Home Loan Mtg Corp 03/07/2005 1,000,000.00 999,910.00 998,000.00 3.750 3.784 3.837 2 08/03/2007 3128X36R9 01030 Federal Home Loan Mtg Corp OS/24/2005 1,000,000.00 998,060.00 1,000,000.00 4.050 3.993 4.048 54 09/24/2007 3128X4NU1 01042 Federal Home Loan Mtg Corp 10/18/2005 1,000,000.00 997,900.00 1,000,000.00 4.375 4.315 4.375 7B 10/18/2007 31398ABC5 1065 Federal National Mtg Assn 05/11/2007 1,000,000.00 994,380.00 1,000,000.00 5.300 5.227 5.300 1,741 05/07/2012 --- Subtotal and Average 43,272,355.97 44,795,000.00 44,574,425.45 44,788,485.00 4.094 4.151 491 Treasury Coupon Securities Subtotal and Average 78,707.26 Federal Agency Bullet Securities 31331XMQ2 01059 Federal Farm Credit Bank 01/26/2007 1,000,000.00 1,000,000.00 1,000,000.00 5.000 4.933 5.002 1,029 OS/26/2010 3133XJRX8 01060 Federal Home Loan Bank 01/30/2007 1,000,000.00 999,380.00 1,000,000.00 5.250 5.189 5.261 121 11/30/2007 Portlolio TEME CP Run Date: 09/04/2007-10:49 PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Investments July 31, 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 Subtotal and Average 2,000,000.00 2,000,000.00 1,999,380.00 2,000,000.00 5.061 5.132 575 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 9,527 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 9,892 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 3,684 09/01/2017 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 3,684 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 7,341 Total and Average 225,426,192.04 201,747,679.06 201,500,461.08 201,741,164.06 4.901 4.969 305 Run Date: 09/04/2007-10:49 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a City of Temecula, California Portfolio Management Portfolio Details - Cash July 31, 2007 Average Purchase CUSIP Investment # Issuer Balance Date Par Value Market Value Retention Escrow Account SYSBARN HART 1 BARN HART 1 California Bank & Trust 133,304.11 133,304.11 SYS EDGE DEVELO EDGE DEV1 California Bank & Trust 113,035.31 113,035.31 PREMIER BANK PREMIER BANK PREMIER BANK 08/18/2006 303,486.16 303,486.16 PFF BANK & TRUS PFF BANK PFF BANK & TRUST 11/13/2006 358,387.77 358,387.77 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 16,640.79 16,640.79 SYSGen Ck Acct Gen Ck Acct Union Bank of California 07/01/2006 642,461.03 642,461.03 SYSParking Ck PARKING CITA Union Bank of California 07/01/2006 18,100.50 18,100.50 Average Balance 0.00 Accrued Interest at Purchase 4,518.06 Subtotal 1,592,643.73 Total Cash and Investmentss 225,426,192.04 203,335,804.73 203,093,104.81 Run Date: 09/04/2007-10:49 Page 6 Stated YTM YTM Days to Book Value Rate 360 365 Maturity 133,304.11 3.000 2.959 3.000 113,035.31 1.250 1.233 1.250 303,486.16 5.000 4.932 5.000 358,387.77 1.736 1.712 1.736 2,710.00 16,640.79 642,461.03 18,100.50 0.000 0.000 0.000 0.000 0.000 0.000 0.000 0.000 4,518.06 1,592,643.73 203,333,807.79 4.901 4.969 305 Portlolio TEME CP PM (PRF _PM2) SymRept 6.41.202a 001 100 101 120 150 165 170 190 192 193 194 195 196 197 210 272 273 275 276 277 280 300 310 320 330 340 380 390 460 472 473 474 475 476 477 CITY OF TEMECULA CASH AND INVESTMENTS REPORT THROUGH JULY 2007 GENERAL FUND STATE GAS TAX FUND STATE TRANSPORTATION FUND DEVELOPMENT IMPACT FUND AB 2766 FUND RDA DEV LOW/MOD 20% SET ASIDE MEASURE A FUND TEMECULA COMMUNITY SERVICES DISTRICT TCSD SERVICE LEVEL "B" STREET LIGHTS TCSD SERVICE LEVEL"C" LANDSCAPE/SLOPE TCSD SERVICE LEVEL "D" REFUSE/RECYCLING TCSD SERVICE LEVEL "R" STREET/ROAD MAINT TCSD SERVICE LEVEL "L" LAKE PARK MAINT. TEMECULA LIBRARY FUND CAPITAL IMPROVEMENT PROJECT FUND CFD 01-2 HARVESTON A&B IMPROVEMENT FUND CFD 03-1 CROWNE HILL IMPROVEMENT FUND CFD 03-3 WOLF CREEK IMPROVEMENT FUND CFD 03-6 HARVESTON 2 IMPROVEMENT FUND CFD-RORIP AUGH REDEVELOPMENT AGENCY - CIP PROJECT INSURANCE FUND VEHICLES FUND INFORMATION SYSTEMS SUPPORT SERVICES FACILITIES RDA 2002 TABS DEBT SERVICE TCSD 2001 COP'S DEBT SERVICE CFD 88-12 DEBT SERVICE FUND CFD 01-2 HARVESTON A&B DEBT SERVICE CFD 03-1 CROWNE HILL DEBT SERVICE FUND AD 03-4 JOHN WARNER ROAD DEBT SERVICE CFD 03-3 WOLF CREEK DEBT SERVICE FUND CFD 03-6 HARVESTON 2 DEBT SERVICE FUND CFD- RORIP AUGH Grand Total: Fund Total 46,837,633.57 191,943.42 6,820.97 7,851,457.09 375,373.91 9,161,862.79 5,641,264.44 1,139,153.73 38,619.38 9,058.23 46,241.77 34,476.66 298,493.63 1,012,971.86 23,845,332.98 248,729.07 5,063,012.48 12,605,806.60 492,379.77 42,414,143.52 22,697,640.79 1,419,712.62 493,612.56 880,368.75 300,592.30 149,305.80 2,470,688.91 10,504.22 4,357,003.91 1,491,587.70 1,938,003.72 218,803.81 3,799,054.44 550,909.69 5,000,539.72 203,093,104.81 I~-- . , II ITEM NO.5 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V /)12 (JR, CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: Genie Roberts, Director of Finance DATE: September 11, 2007 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2007 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: The City Council: 1. Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007. 2. Decrease Transfers Out in the Development Impact Fund and Transfers in the Capital Improvement Fund in the amount of $509,976. BACKGROUND: The attached financial statements reflectthe unaudited activity of the City for the Fiscal Year Ended June 30, 2007. Please see the attached financial statements for an analytical review of financial activity. The reduction of $509,976 in Transfers is necessary for Capital projects that have not yet started in fiscal year 2006-07, but are funded in fiscal year 2007-08. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of June 30, 2007 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2007 Combining Balance Sheet (Internal Service Funds) as of June 30, 2007 Statement of Revenues, Expenses and Changes in Retained Earnings (Internal Service Funds) forthe Fiscal Year Ended June 30, 2007 CITY OF TEMECULA Combining Balance Sheet as of June 30, 2007 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2007 and the Statement of Revenues, Expenses and Changes in Retained Earnings for the Fiscal Year Ended June 30, 2007 (Unaudited) Prepared by the Finance Department City ofTemecula Combining Balance Sheet As of Jlllle 30, 2007 General Gas Tax State Trans Dev Impact CDBG Fund Fund Fund Fund Fund Assets: Cash and investments $48,688,608 $25,889 $6,755 $7,701,368 Receivables 6,708,189 166,051 66 109,937 $26,883 Due from other fimds 26,883 Advances to other fimds 1,984,552 Deposits 110,882 Inventory 3,897 Total assets $57,523,011 $191,940 $6,821 $7,811,305 $26,883 Liabilities and fimd balances: Liabilities: Due to other fimds Other current liabilities $11,589,725 $57,659 $26,883 Deferred revenue 2,000,953 Total liabilities 13,590,678 57,659 26,883 Fund balances: Reserved 1,932,891 Designated 28,941,936 $191,940 $6,821 7,753,646 Undesignated 13,057,506 Total fimd balances 43,932,333 191,940 6,821 7,753,646 Total liabilities and fimd balances $57,523,011 $191,940 $6,821 $7,811,305 $26,883 Please note that these balances are unaudited City ofTemecula Combining Balance Sheet As of Jlllle 30, 2007 AB 2766 AB3229 Measure A CIP Fund Fund Fund Fund Total Assets: Cash and investments $371,179 $5,358,321 $24,432,905 $86,585,025 Receivables 33,509 598,259 1,548,954 9,191,848 Due from other fimds 26,883 Advances to other fimds 1,984,552 Deposits 110,882 Inventory 3,897 Total assets $404,688 $5,956,580 $25,981,859 $97,903,087 Liabilities and fimd balances: Liabilities: Due to other fimds $299,520 $299,520 Other current liabilities 3,764,357 15,438,624 Deferred revenue 2,196,941 4,197,894 Total liabilities 6,260,818 19,936,038 Fund balances: Reserved 14,999,781 16,932,672 Designated $404,688 $5,956,580 4,721,260 47,976,871 Undesignated 13,057,506 Total fimd balances 404,688 5,956,580 19,721,041 77,967,049 Total liabilities and fimd balances $404,688 $5,956,580 $25,981,859 $97,903,087 Please note that these balances are unaudited 2 city ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund For the Flscal Year Ended June 30,2007 Annual Amended Bud~et YTDActivity Percent orBud~et Revenues: Sales tax - State $22,395,517 $22,090,691 99% Sales tax - Triple Flip 8,033,335 8,033,335 100% Developmental services: Planning 1,063,527 794,855 75% Building & Safety 2,050,000 2,581,603 126% Land Development 1,592,230 1,861,660 117% Police 474,010 564,610 119% Fire 800,000 929,346 116% Grants 157,175 81,851 52% Motor vehicle in lieu - State 1,045,112 1,521,730 146% Motor vehicle in lieu - Triple Flip 5,958,271 5,954,671 100% Property Tax 6,000,000 6,484,642 108% Property transfer tax 750,000 770,685 103% Homeowner Property Tax Relief 86,000 76,271 89% Franchise fees 2,605,000 3,033,014 116% Transient occupancy tax 2,100,000 2,284,168 109% Reimbursements - Financing 162,500 162,500 100% Reimbursements - Others 333,533 384,420 115% Reimbursements from RDA 225,000 225,000 100% Reimbursements from elF 2,300,258 1,803,818 78% Investment interest 1,700,000 3,471,794 204% Business licenses 300,000 344,182 115% Booking Fees 136,786 136,786 100% Vehicle code fines 1,200,000 1,107,963 92% Miscellaneous 21,000 99,061 Advertising;Rental Income 131,000 138,836 106% Operating transfers in 2,811,509 2,811,193 100% Total Revenues $64,431,763 $67,748,685 105% NOlES - Revenues: 1) The variance is primarily due to a decrease in the number of submitted plan applications for new project development. 2) The variance is primarily due to an increase in the number of permits issued for ongoing project development. 3) The variance is primarily due to an increase in the number of plan checks performed for ongoing project development. 4) The variance is primarily due to increased Police enforcement in parking citations and vehicle impound fees. 5) The variance is primarily due to increased alann plan checks and inspections for ongoing project development. 6) The variance is primarily due to unspent Office of Traffic Safety Grants that will be reprogrammed in FY 07-08. 7) The variance is primarily due to two distributions (2005 and 2006) by the State ofMVL annex revenues for the Redhawk annexation. 8) The variance is primarily due to the annual clean up payment received for the 2006 calendar year from Southern California Edison and the continued expansion of seIVice and related increase in franchise fees for Verizon. 9) The variance is primarily due to less time being spent on Capital Projects than anticipated, but represents 71% recovery of project expenditures. 10) The variance is primarily due to higher than expected cash balances due to the timing of payments for capital projects; As the General Fund receives the interest earnings on unallocated capital reseIVes in the Capital hnprovement Fund. 11) The variance is primarily due to an increase in the number of new and renewed businesses licenses during this fiscal year. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) city ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual General Fund for the Flscal Year Ended June 30, 2007 Annual Amended YTD Budget Activity Expenditures: CityCollllcil $464,715 $416,000 Community Support 400,750 338,166 City Manager 1,237,989 1,174,139 Economic Development 935,582 862,554 City Clerk 1,063,383 1,014,197 City Attorney 800,000 681,011 Finance 2,086,755 1,959,739 Human Resources 686,635 627,960 Planning 4,100,284 3,277,309 Building & Safety 3,139,374 2,794,729 Land Development 2,690,205 2,168,543 Public Works 7,926,358 6,067,394 CIF Admin 3,067,011 2,535,588 Disaster Relief 43,089 36,428 Police 17,979,612 17,685,965 Fire 5,323,274 4,105,367 Animal Control 160,000 159,597 Non-departmental 9,689,627 8,932,460 Total Expenditures (Excluding Transfers) 61,794,643 54,837,146 Revenues Over/(Under) Expenditures 2,645,723 12,911,539 Transfers Out (6,969,000) (6,969,000) Revenues Over/(Under) Expenditures and Transfers (4,323,277) 5,942,539 Beginning Flllld Balance, July 1, 2006 37,989,794 37,989,794 Ending Flllld Balance, Jlllle 30, 2007 $33,666,517 $43,932,333 Encumbr. YTD Activity Percent + Encumbr of Budget $430,664 93% 368,166 92% 1,174,139 95% 888,554 95% 1,015,427 95% 681,011 85% 2,002,892 96% 637,960 93% 3,572,760 87% (12) 2,794,729 89% (12) 2,179,003 81% (12) 7,381,020 93% 2,535,588 83% (12) 36,428 85% 17,730,519 99% 4,113,383 77% (13) 159,597 100% 8,932,460 92% 56,634,300 92% $14,664 30,000 26,000 1,230 43,153 10,000 295,451 10,460 1,313,626 44,554 8,016 1,797,154 Notes: Expenditures: 12) The variance is due to a decrease in Community Development activities during this fiscal year, resulting in lower outside professional services expenditures. 13) The variance is primarily attributed to Roripaugh Ranch Fire Station not opening as planned in April 2007. 4 city ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Gas Tax Fund For the Flscal Year Ended June 30, 2007 Annual Amended Total Percent Budget Activity of Budget $1,631,850 $1,739,488 107% 5,351 1,631,850 1,744,839 107% Revenues: Section 2105-2107 Investment interest Total Revenues Expenditures: Transfers out (1,631,850) (1,631,850) 100% Revenues Over/(Under) Expenditures 112,989 Beginning Fund Balance, July 1, 2006 78,951 78,951 Ending Fund Balance, June 30, 2007 $78,951 $191,940 5 Ci(y of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual State Transportation Fund For the Flscal Year Ended June 30, 2007 Annual Amended Total Percent Budget Activity of Budget Revenues: Traffic congestion relief $565,000 $565,018 100% Investment Interest 15,000 21,486 143% (1) Total Revenues 580,000 586,504 Expenditures: Transfers out (995,136) (994,819) 100% Revenues Over/(Under) Expenditures (415,136) (408,315) Beginning Fund Balance, July 1, 2006 415,136 415,136 Ending Fund Balance, June 30, 2007 $6,821 Notes: 1) The variance is primarily attributed to delays in project expenditures resulting in higher cash balances. 6 Ci(y of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Development Impact Fund For the Fiscal Year Ended June 30,2007 Annual Amended Total Percent Budget Activity of Budget Revenues: Open Space $511,345 $228,255 45% Investment interest 350,000 404,888 116% Quimby 2,182,798 2,012,272 92% Street improvements 4,212,520 1,906,732 45% Traffic signals 615,656 273,928 44% Parks 1,602,962 615,129 38% Corporate facilities 679,538 375,227 55% Fire protection 383,278 174,844 46% Library 757,651 299,059 39% Public Art 33,000 76,175 231% Median 53,159 Police 360,448 119,678 33% Total Revenues 11,689,196 6,539,346 56% (1) Expenditures: Transfers out (22,662,519) (9,395,421) 41% (2) Revenues Over/(Under) Expenditures (10,973,323) (2,856,075) 26% Beginning Fund Balance, July 1, 2006 10,609,721 10,609,721 Ending Fund Balance, June 30, 2007 ($363,602) (3) $7,753,646 Notes: 1) The variance in revenues is due to a decline in building activity for residential and commercial developments. 2) The variance in expenditures is due to Capital Improvements Projects ftmded with DIF that have started but not yet completed during this quarter. 3) An appropriation is requested to reduce Transfers out budgeted for projects that have not yet started in Fiscal Year 2006-07 , but ftmded in Fiscal Year 2007-08. 7 Ci(y of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Community Development Block Grant For the Fiscal Year Ended June 30,2007 Annual Amended Total Percent Budget Activity of Budget Revenues: Grant revenue $1,653,837 $112,022 7% (1) Total Revenues 1,653,837 112,022 7% Expenditures: Other outside services 73,837 63,337 86% Total Expenditures (Excluding Transfers) 73,837 63,337 86% Revenues Over/(Under) Expenditures 1,580,040 48,685 Transfers Out (1,580,000) (48,725) Revenues Over/(Under) Expenditures and Transfers 40 (40) Beginning Flllld Balance, July 1, 2006 40 40 Ending Flllld Balance, Jlllle 30, 2007 $80 Notes: 1) The Temecula Community Center Expansion fimding with this fimd has started but not yet completed. Sam Hicks Monument Park Playgrolllld have not yet started. Revenues are based on reimbursements related to the projects. 8 city of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 2766 Fund For the Flscal Year Ended June 30, 2007 Annual Amended Total Percent Budget Activity of Budget Revenues: AB 2766 $96,000 $111,623 116% (1) Investment interest 12,858 Total Revenues 96,000 124,481 130% Expenditures: Operating transfers out 304,324 38,406 13% (2) Revenues Over/(Under) Expenditures (208,324 ) 86,075 Beginning Flllld Balance, July 1, 2006 318,613 318,613 Ending FlllldBalance, Jlllle 30, 2007 $110,289 $404,688 Notes: 1) The variance is due increasing Motor Vehicle Registration fee surcharge collected during this quarter. 2) The Temecula Park and Ride Capital Improvement project, budgeted with this fimd, has not yet started. 9 city of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual AB 3229 COPs For the Flscal Year Ended June 30, 2007 Annual Amended Total Percent Budget Activity of Budget Revenues: AB 3229 - COPS $182,809 $182,809 100% Total Revenues 182,809 182,809 100% Expenditures: Transfers out 184,483 184,483 100% Revenues Over/(Under) Expenditures (1,674) (1,674) Beginning Flllld Balance, July 1, 2006 1,674 1,674 Ending FlllldBalance, June 30, 2007 10 Ci(y of Temecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Measure "A" For the Flscal Year Ended June 30, 2007 Annual Amended Total Percent Budget Activity of Budget Revenues: Measure" A" $3,739,000 $3,764,474 101% Investment Interest 120,000 179,092 149% (1) Total Revenues 3,859,000 3,943,566 102% Expenditures: Debt service - principal 494,211 494,211 100% Debt service - interest 72,389 71,018 98% Total Expenditures (Excluding Transfers) 566,600 565,229 100% Revenues Over/(Under) Expenditures 3,292,400 3,378,337 Transfers Out 7,433,065 3,116,000 Revenues Over/(Under) Expenditures and Transfers (4,140,665) 262,337 Beginning Fund Balance, July 1, 2006 5,694,243 5,694,243 Ending Fund Balance, June 30, 2007 $1,553,578 $5,956,580 Notes: 1) Investment interest was higher than expected due to delay in project expenditures resulting in higher cash balances. 11 city ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Fiscal Year Ended June 30,2007 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Operating transfers in $72,602,875 $21,979,265 $21,979,265 30% Grants 11,354,299 4,444,590 4,444,590 39% Reimbursements 5,770,911 1,081,797 1,081,797 19% Reimbursements- TUMF 11,083,399 3,283,507 3,283,507 30% Reimbursements- AD 1,910,898 1,642,898 1,642,898 86% Reimbursements- T ASIN/SB 621 4,825,303 4,830,678 4,830,678 100% Investment interest 361,320 361,320 Total Revenues $107,547,685 $37,624,055 $37,624,055 35% (1) Expenditures: Murrieta Creek Bridge/Overland Ext 165-602 145,465 46,389 $96,755 143,144 98% Pauba Rd Improvements II 165-606 858,293 604,994 604,994 70% Intersection Monitoring System 165-607 149,167 128,443 128,443 86% Rancho Ca Wide Old Town Front 165-624 1,925,614 502,505 1,357,468 1,859,973 97% 79 South Medians 165-625 4,232,040 4,212,608 5,615 4,218,223 100% Western Bypass Corridor-Phase I 165-628 316,023 127,800 127,800 40% Bus Bench Upgrades 165-629 48,089 35,961 35,961 75% Pala Road bridge 165-631 19,649 16,778 2,871 19,649 100% Diaz Realignment Vincent Moraga 165-632 3,274,844 1,850,828 1,183,253 3,034,081 93% Auxiliary Lanes on Interstate 15 165-634 179,000 10,047 10,047 6% Closed Caption TV Install SR79S Pechanga 165-635 183,679 134,640 134,640 73% Old Town Infrastructure-Mercedes St.iMain 165-636 3,171,000 208,538 62,823 271,361 9% SR 79 S Pechanga Prbvy Dual Right Turn Lanes 165-637 400,000 26,571 18,904 45,475 11% Winchester Rd SR 79 N Corridor Beautification 165-638 241,400 63,001 178,338 241,339 100% Alternative Fueling Station 165-639 150,000 0 0% Emergency Communications Projects 165-640 40,000 0 0% 1-15 Sign Replacement T emecula Pkwy/H \vy 79S 165-641 157,600 26,909 26,909 17% Murrieta Creek Flodd Control Basin 165-642 150,000 0 0% Old Town Infrastructure Projects - Civic Plaza 165-643 300,000 74,864 212,161 287,025 96% Old Town Infrastructure- Parking Structure/officeiRetail 165-644 1,970,500 396,113 1,140,195 1,536,308 78% Old Town Infrastructure - Relocate/Grading/Demo. 165-645 1,084,000 131,966 20,413 152,379 14% Old Town Infrastructure - Undergrolllld Utilities 165-646 162,500 1,468 5,532 7,000 4% Signal- Meadows Parkway@ Campanula Way 165-652 200,000 0 0% Tmffic Signals-79S@Winchester/Redhawk 165-653 6,912 0 0% Pavement Rehabilitation 165-655 2,992,515 2,479,894 2,479,894 83% Pavement Rehabilitation - De Portola Road 165-656 2,062,000 40,843 122,738 163,581 8% Pavement Rehabilitation-STPL Project 165-657 216,000 47,821 141,493 189,314 88% Tmffic Signals-Redhawk/Overland Trail 165-658 202,420 186,498 186,498 92% Tmffic Signals-J efferson@Sanbom 165-659 197,799 189,993 189,993 96% Western Bypass BridgeiMurrieta Crk 165-660 443,841 94,361 299,371 393,732 89% I15/79S Interchange- Ultimate 165-662 188,004 97,472 70,124 167,596 89% Rancho Vista Rd Sidewalk 165-663 263,175 252,974 252,974 96% Temecula Park & Ride/Transit Center 165-664 207,000 0 0% TemeculaPolice Storefront 165-665 44,461 25,187 587 25,774 58% Santiago Detention Basin 165-666 459,000 51,591 51,591 11% Theater Concession Area 165-667 65,000 0 0% Pechanga Parbvay Improvements 165-668 12,301,095 526,149 44,020 570,169 5% 12 city ofTemecula Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Capital Improvement Projects Fund For the Fiscal Year Ended June 30,2007 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Temecula City Entry Monumentation 165-671 162,000 0 0% Diaz Road Extension at Cherry St 165-684 323,057 0 0% Tmffic Signal Equipment Installation 165-712 344,986 0 0% Localized Stonn Drain Improvements 165-715 84,899 109 109 0% French Valley Parkway S.B. Off Jefferson 165-719 3,844,992 138,597 691,667 830,264 22% Bridge Barrier Rail Replacement 165-722 215,869 202,099 202,099 94% Butterfield Stage Rd Extension 165-723 20,825,000 0 0% French Valley Parkway 1-15 Overcrossing 165-726 8,739,365 402,717 303,634 706,351 8% Fire Station Wolf Creek 165-733 4,589,503 3,997,549 423,739 4,421,288 96% Pedestrian Bicyc1e Bridge - CHS 165-738 677,160 9,403 2,383 11,786 2% Fire Station Roripaugh Ranch 165-741 853,674 212,490 327,245 539,735 63% Maintenance Facility Expansion 165-742 7,928,290 5,531,746 2,202,850 7,734,596 98% Main St Bridge/Murrieta Creek 165-743 3,320,244 4,230 100,347 104,577 3% Long Canyon Detention Basin 165-746 238,650 0 0% TemeculaPark & Ride 165-747 121,800 5,355 5,355 4% Santiago Rd. Improvements 165-749 268,000 0 0% Old Town Properties Master Plan 165-751 4,816,043 135,552 4,637,097 4,772,649 99% Rancho Ca. Wide 1-15 E. Ynez 165-752 302,870 272,256 272,256 90% Roller Hockey Rink 190-137 150,000 9,845 9,845 7% Sam Hicks Monument Park Playgrolllld Replacement 190-138 150,000 0 0% Santa Gertrudis Creek Trail Reseal and Restriping 190-139 85,000 80,298 80,298 94% SantiagoiYnez Park Site Design 190-140 43,000 0 0% Murrieta Creek Multi-Purpose Trail 190-142 3,104,377 59,769 867 60,636 2% Red hawk Park Improvements 190-144 1,025,962 23,155 972 24,127 2% Public Art 190-148 205,500 0 0% Vail Ranch Park Site D 190-160 150,000 0 0% Children's Museum 190-165 6,620 0 0% Community Theater 190-167 12,725 9,869 9,869 78% Patricia H Birdsall Sports Park 190-173 2,318,012 2,198,606 120,458 2,319,064 100% Play Structure Retrofit at Various Parks 190-179 79,800 12,147 62,805 74,952 94% Multi-Trails System Citywide 190-185 37,792 11,218 141 11,359 30% Old Town Gymnasium 190-186 162,000 905 905 1% Ronald Reagan Sports Channel Silt 190-187 490,279 33,230 73,707 106,937 22% Veteran's Memorial Pavers- Phase 2 190-189 52,000 49,475 49,475 95% Dog Parks Areas Various City Parks 190-190 195,046 84,133 54,071 138,204 71% Kent Hindergardt Memorial Park 190-191 89,575 87,903 87,903 98% L oma Linda Play Structure Surface 190-192 13,033 0 0% Roripaugh Rancho Open Space Trails 190-195 175,000 9,874 12,622 22,496 13% Temecula Community Center Expansion 190-197 1,409,912 26,197 109,828 136,025 10% TES- Swimming Poll Renovation 190-198 145,210 92,892 3,189 96,081 66% Library 199-129 8,632,513 6,835,837 669,613 7,505,450 87% Old Town District Acquisition 199-130 56,477 0 0% Old Town Land Acquisition 199-131 275,599 131,608 9,530 141,138 51% Total Expenditures 115,729,919 33,127,630 14,904,066 48,031,696 42% (1) Revenues Over/(Under) Expenditures (8,182,234) 4,496,425 Beginning Flllld Balance, July 1, 2006 15,224,616 15,224,616 Ending Flllld Balance, Jlllle 30, 2007 $7,042,382 $19,721,041 Notes: 1) The variances in the Capital Improvement Flllld revenues and expenditures are due to the timing of when the various projects are actually started and costs are incurred. 13 Ci(y of Temecula Internal Service Funds Statement of Net Assets As of June 30, 2007 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Assets: Cash and investments $1,410,572 $488,538 $1,036,337 $340,544 $213,268 $3,489,259 Receivables 14,698 5,256 15,510 2,921 2,647 41,032 Prepaid assets 295,721 295,721 Property, plant and equipment (net of 1,467,529 406,614 156,197 2,030,340 accumulated depreciation) Total assets $1,720,991 $1,961,323 $1,458,461 $499,662 $215,915 $5,856,352 Liabilities and net assets: Liabilities: Current liabilities $448,192 $191 $201,828 $43,569 $72,218 $765,998 Capital leases payable 187,438 187,438 Total liabilities 448,192 191 201,828 231,007 72,218 953,436 Net Assets: Total net assets 1,272,799 1,961,132 1,256,633 268,655 143,697 4,902,916 Please note that these balances are llllaudited. 14 city ofTemecula Statement of Revenues, Expenses and Changes in Net Assets Internal Service Funds For the Flscal Year Ended June 30, 2007 Information Support Insurance Vehicles Systems Services Facilities Fund Fund Fund Fund Fund Total Revenues: Investment interest $54,067 $21,212 $27,427 $9,617 $3,773 $116,096 Charges for services 590,554 342,418 2,250,381 338,262 644,747 4,166,362 Total Revenues 644,621 363,630 2,277,808 347,879 648,520 4,282,458 Expenses: Salaries & wages 52,130 1,257,918 144,635 386,966 1,841,649 Operating expenses 555,928 804,003 101,619 264,081 1,725,631 Interest 11,516 11,516 Depreciation 313,024 177,926 50,037 540,987 Total Expenses 608,058 313,024 2,239,847 307,807 651,047 4,119,783 Revenues Over/(Under) Expenses 36,563 50,606 37,961 40,072 (2,527) 162,675 Net Assets, July 1, 2006 1,236,236 1,910,526 1,218,672 228,583 146,224 4,740,241 Net Assets, Jlllle 30, 2007 $1,272,799 $1,961,132 $1,256,633 $268,655 $143,697 $4,902,916 15 I~-- . , II ITEM NO.6 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager ~<'" /112 (JcL. CITY OF TEMECULA AGENDA REPORT TO: City ManagerlCity Council FROM: William G. Hughes, Director of Public Works DATE: September 11, 2007 SUBJECT: Third Amendment to a Professional Services Agreement Main Street Bridge Over Murrieta Creek (Replacement) - Project No. PW03-05 PREPARED BY: Greg Butler, Deputy Director of Public Works - CIP Amer Attar, Principal Engineer RECOMMENDATION: That the City Council: 1. Approve the Third Amendment to the agreement with Simon Wong Engineering in an amount not to exceed $322,305.00 for additional services necessary to complete the Plans, Specifications and Estimate (PS&E) and the Environmental Document for the Main Street Bridge Over Murrieta Creek (Replacement) - Project No. PW03-05; 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 ($32,230.50). BACKGROUND: On January 13, 2004, the City Council approved an agreement with Simon Wong Engineering in the amount of $317,719.00 for the design of the new Main Street Bridge. Subsequent to that, Amendment #1 and Amendment #2, approved by the City Manager, extended the term of the agreement to June 30, 2006 and June 30, 2008, respectively. When the original agreement was approved, the intent was to replace the bridge in conjunction with the overall Murrieta Creek Improvement Project the U.S. Army Corps of Engineers (USACE) and Riverside County Flood Control and Wastewater District (RCFC&WD) are undertaking. Due to federal budgetary constraints, adequate funds are yet to be appropriated for the USACE to proceed with the Murrieta Creek Improvement Project. It is uncertain at this time as to when construction for Reach 2 of Murrieta Creek, which includes the Main Street Bridge, would begin. Due to the uncertainties of Federal funding for the Murrieta Creek project, with Amendment No.3, staff will be pursuing to complete all requirements to construct the new Main Street Bridge as a stand alone project, regardless of the timing forthe Murrieta Creek Improvement Project. Currently, the design is approximately 70% complete. The scope of Amendment NO.3 includes the preparation of an Environmental Document, additional studies and redesign of Murrieta Creek upstream and downstream of the bridge area since the construction of the bridge prior to the Murrieta Creek Project will create an interim condition that was not anticipated in the original design. The complete scope of the work required is attached to and made part of Amendment NO.3. FISCAL IMPACT: The Main Street Bridge over Murrieta Creek (Replacement) is a Capital Improvement Project funded through Development Impact Fees, Capital Projects Reserves, and is programmed to receive Federal Highway Bridge Replacement and Rehabilitation (HBRR) funds. Adequate Funds are available in Account No. 210-165-743-5802 to cover the amount of Amendment No.3, $322,305.00, and the 10% contingency, $32,230.50, for a total amendment amount of $354,535.50. ATTACHMENTS: 1. Project Location 2. Project Description 3. Third Amendment p \ ~ <( ,.;l ~ ~ ~ .t. \ ~ o t3 i ~ ~ \ z c ~ o c .... to< \..l \:; C ~ \ \ ~- ;,; ';l .... I:-< 'i) '" .- o ... ~ .' 90~O'- 0' ct"\-\-~ '" '" / 7<~ 'P f'Aoooo-.-OOC-- c.>.o:tOO....-<"<d:oOS; .;I ~ .,-'- 0 0 1f'I", ....-<'" 0" t'-,., .... ",,$ ",,;;.;ONO</)'" ....~O"-N<-'!:\~;:;;~~ rA ;:;l; <:-") ....... r- .......- r- O'o ~ r- U U ,b ifj ifj ifl f;/1 V7 (,/? i:A tT' 6 .~ " - ,e, B g o " 'd ~ :G '" 'd ~i tJ, " 0' ~~ ~~ '" " ~\:\ " " ~e " p. 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'" ifj '" on O"-^ </) 'M ifl '$ \~ 8,~U$!, ,~';-< ~ Z'l '</J ?: (j'), 0 p$$r ~ '" Q U 1 o " '" e ~ Ii'< ~ S Ii'< ""' Q " <) '" ~ THIRD AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND SIMON WONG ENGINEERING, INC. MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) PROJECT NO. PW03.05 THIS THIRD AMENDMENT is made and entered into as of September 11, 2007 by and between the City of Temecula, a municipal corporation ("City") and Simon Wong Engineering, 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 13, 2004 the City and Consultant entered into that certain agreement entitled "Cily of Temecula Agreement for engineering design services ("Agreement") in the amount of Three Hundred Seventeen Thousand Seven Hundred Nineteen Dollars and No Cents ($317,719.00). B. On April 5, 2005 (First Amendment) the Agreement was amended extending the terms through June 30, 2006 for additional engineering design services and again on April 4, 2007 (Second Amendment) extending the terms through June 30, 2008 for continued engineering design services. C. The parties now desire to increase the payment for services in the amount of Three Hundred Twenty Five Thousand Four Hundred Twenty Five Dollars and No Cents ($325,425.00) plus contingency for additional engineering design services necessary to complete the Plans, Specifications, Estimate and the Environmental Documents as well as extend the term of the agreement to June 30, 2009 and to amend the Agreement as sel forth in this Amendment. 2. Section 1 of the Agreement is hereby amended to read as follows: TERM This Agreement shall commence on January 13, 2004, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2009, unless sooner terminated pursuant to the provisions of this agreement. 3. The parties now desire to increase the payment for services in the amount of Three Hundred Twenty Two Thousand Five Hundred Five Dollars and No Cents ($322,305.00) and to amend the Agreement as set forth in this Amendment. A. Section 5a.PAYMENT of the Agreement is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with Ihe payment rates and schedules and terms set forth in Exhibit B for services described in Section B of Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full. The third amendment amount shall not exceed Three Hundred Twenty Two Thousand Five Hundred Five Dollars and No Cents ($322,305.00) plus contingency for additional design services necessary to complete the Plans, Specifications, Estimate and the Environmental Documents for a total agreement amount, of Six Hundred Forty Thousand Twenty Four Dollars and No Cents ($640,024.00). 4. Exhibit B to the Agreement is hereby amended by adding thereto the items set forth on Atlachment "A" to this Amendment, which is atlached herelo and incorporated herein as though set forth in full. 5. Except for the changes specifically set forth herein, all olher terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above writlen. CITY OF TEMECULA Chuck Washington, Mayor ATTEST: Susan W. Jones, MMC, City Clerk Approved As to Form: Peter M. Thorson, City Attorney CONSULTANT Simon Wong Engineering, Inc. 9968 Hibert St., Suite 202 San Diego, CA 92131 (858) 566-3113 Mark Cereveling, P.E. Vice President James Frost, Secretary (Two Signatures Required For Corporations) ATTACHMENT A MAIN STREET BRIDGE OVER MURRIETA CREEK (REPLACEMENT) PROJECT NO. PW03-05 Attached hereto and incorporated herein is the additional scope of work and associated cosl as provided by the Consultant. LV^v\ SIMON WONG ENGINEERING August 27, 2007 City of Temecula 43200 Business Park Drive P.O. Box 9033 Temecula, CA 92589 Attention: Jon Salazar SUBJECT: MAIN STREET BRIDGE REPLACEMENT - ADDITIONAL SERVICES Dear Jon: At your request we have prepared this proposal for additional services for the Main Street Bridge Project. The attached proposal provides an update to our scope of work and fee proposal to cover the additional environmental and engineering services to develop a stand alone project. We have also provided updated hourly rates for our team assuming that the project is re-started in 2007 and is completed by the end of 2008. As you are aware, the initial design scope and fee proposal was based on the assumption that the project would be included as a part of the Murrieta Creek flood control project under development by the U.S. Army Corps of Engineers (USACE) and therefore, environmental documentation and permitting was not included. The format and assumptions for a stand alone environmental document for the Main Street Bridge Replacement Project was discussed at the team meeting on August 24, 2005 held with the USACE and is in accordance with the approved Preliminary Environmental Assessment approved by Caltrans in November 2006. The project is currently at the 70% design phase. We look forward to meeting with you to discuss this proposal and to continued work on this project. Please contact us if you have any questions. Sincerely, ~ro,,~ Simon Wong Engineering 9968 Hibert Slreel, Suite 202' San Diego. CA 92131 . (858) 566-3113' FAX (858) 566-6844 Main Street Bridge Replacement Scope of Work Additions Revised August 2007 At the request of the City of Temecula, the following scope of work and fee proposal has been developed for a stand alone bridge project. The initial design scope and fee proposal was based on the assumption that the project would be included as a part of the Murrieta Creek flood control project under development by the U.S. Army Corps of Engineers (USACE) and therefore, environmental documentation and permitting was not included. The format and assumptions for a stand alone environmental document for the Main Street Bridge Replacement Project was discussed at the team meeting on August 24, 2005 held with the USACE. The project has been idle at the 70% design phase for approximately two years. The following scope of work and attached fee proposal provides the additional environmental services and the additional design work to develop a stand alone project. 1.0 Project Management and Meetings The anticipated schedule for the environmental documentation and permitting is approximately six months from notice-to-proceed. During this time we anticipate additional project management effort and meetings. 1.1 Project Management Project management will be required during the environmental documentation and final design phase. This work includes coordination and management of the design team for the addition of the environmental documentation and potential mitigation efforts. 1.2 Meetings The following meetings have been included during the 70% through final design and environmental documentation: I Meeting Description i I Budqeled Meelinqs I Slmo. n. I Kimley Lt\fona Horn 6 4 Firm Name ED:W I KTU+A I Geocon 4 1 The current budget for Geocon includes provisions to attend this meeting. Additional budget is required for Simon Wong Engineering and the other subconsultants. 2.0 Environmental Documentation Caltrans approved the Preliminary Environmental Study (PES) for the Main Street Bridge Replacement Project in Temecula on November 6, 2006. Simon Wong Engineering has requested that EDAW Inc. prepare the following scope of work and cost estimate to complete the technical studies and environmental document required by the PES form for the City of Temecula (City). The PES form concluded that the appropriate level of documentation for the project is a Categorical Exclusion (CE) with required technical studies. The scope of services for these studies and the CE is described below. Should 8/27/2007 a different document type eventually be determined to be necessary, a revised scope of services and cost estimate may be required. In the case of each technical study, EDAW will provide electronic draft copies (doc andlor pdt) to Simon Wong Engineering. Any graphics needed will be provided as a pdf file. One set of comments andlor edits will be incorporated into the draft study, and then the document shall be transmitted to Simon Wong Engineering for transmittal to Caltrans District 8. EDAW will provide up to 7 hardcopies and an electronic file (doc andlor pdt) of each draft study. One set of comments from Caltrans will be incorporated into each draft study and a further set of documents (up to 7 hardcopies and an electronic file [doc andlor pdf]) shall be transmitted to Simon Wong Engineering for transmittal to Caltrans as a Final document. Note that the following scope of work assumes that Kimley Horn Engineering will complete the requisite Floodplain Study as direct consultants to Simon Wong Engineering. Consequently, the following scope does not include a Floodplain Study. Except where otherwise noted in the description of tasks 2.1 through 2.6, attendance in person of the Project Manager at up to 2 Project Design Team (PDT) Meetings is included in the scope of services and cost proposal. Attendance via phone conference for an additional 1 0 meetings is also included. 2.1 Noise Analysis The project has the potential to increase noise at adjacent receivers during construction. EDAW will prepare a Noise Impact Assessment for the project. The methodology will follow the requirements of the Caltrans Traffic Noise Analysis Protocol and Technical Noise Supplement. Existing conditions evaluation will include a field visit to identify sensitive receptors and noise sources in the project area and monitoring of existing noise levels at representative sensitive receptor locations. EDAWwill coordinate with Caltrans to assure that receptors of concern to the Caltrans have been included. The measurements will include a 24-hour measurement to determine the noisiest hour. Future traffic noise at the sensitive receptors will be predicted if detailed modeling is deemed necessary by Caltrans. Completion of this task assumes that Simon Wong Engineering will provide CAD files of the proposed bridge alignment, and a list of pending projects that have been designed andlor approved by the City of Temecula, Additionally, traffic data or estimates for Main Street and other roads in the vicinity will be required to complete the noise calculations. These estimates will be needed for opening day and build-out (20 years from opening day). 2.2 Biology and Wetlands Studies (Natural Environment Study Report) EDAWwill conduct a search of the California Natural Diversity Database (CNDDB; California Department of Fish and Game, 1999) to determine the potential occurrence of sensitive plant and animal species on the project site or in the vicinity of the site. Other references, including but not limited to the California Native Plant Society's Electronic Inventory of Rare and Endangered Vascular Plants of California (Skinner, et aI., 1994), shall be examined as needed. The results of the records search shall be summarized in a table and included in the NESR. 2 8/27/2007 The fieldwork for this task shall be conducted by qualified biologist(s), who will document the presencelabsence of sensitive biological resources (e.g., species or habitats), or determine the potential for occurrence of such resources that may not be detectable when the fieldwork is conducted. The location of any sensitive biological resources present on site, including plants and plant communities, shall be mapped. For optimal results, fieldwork should be conducted during spring, if possible, which maximizes the ability to effectively detect and positively identify sensitive species, particularly plants. In addition to presencelabsence surveys, focused surveys for the state sensitive burrowing owl (Athene culicu/aria hypugea) shall be conducted onsite. The Riverside County MSHCP identified suitable burrowing owl habitat within the boundary of the project site and thus necessitates focused surveys. Focused surveys shall follow the CDFG-accepted Burrowing Owl Survey Protocol and Mitigation Guidelines (The California Burrowing Owl Consortium 1993). Surveys shall consist of first a habitat assessment (1 visit). Should this habitat assessment result in identification of suitable burrowing owl habitat onsite, a burrow survey shall then be performed (1 visit). Should the burrow survey identify suitable burrows onsite, then burrowing owl surveys, census and mapping shall be performed. These shall entail 3 site visits between April 15 and July 15, and if negative, 1 additional winter site visit. A summary report shall then be prepared describing findings of the focused surveys. No other focused surveys for any particular species shall be conducted as part of this scope of work. Completion of this task assumes that Simon Wong Engineering will provide EDAW with a map, CAD file, or Gis (shp) file depicting the limit of construction (bridge footprint, as well as temporary easements and staging areas). This information will be needed prior to commencing the spring surveys. Biological field work in the project study area will include preparation of a jurisdictional determination and delineation of all federal waters and wetlands within the study area pursuant to the Corps of Engineers (Corps) 1987 Weiland Delineation Manual. EDAW will prepare maps depicting the extent of Corps and California Department of Fish Game (CDFG) jurisdictional waters and wetlands and prepare a jurisdictional waters and wetlands determination and delineation report. The report shall be consistent with the Corps of Engineers Minimum Standards for Acceptance of Preliminary Wellands Delineations (2001). The report shall discuss the extent of jurisdictional waters and wetlands within the study area and assess the impacts to these jurisdictional areas from the proposed bridge configuration. EDAW will prepare an NES that shall include a description of the field methods used and the results of the biological assessment of the property. The report shall include a list of plant and animal species present within the project area and a general description of the plant communities occurring. If there are any sensitive resources found on the site, EDAW will prepare and include in the NES a graphic displaying the location of the sensitive plant communities on site and any sensitive biological resources observed. A table describing sensitive species that are present or potentially present shall also be provided in the report. Based on the project grading plan, the report shall also identify and assess project impacts on the existing biological resources, including any sensitive species. If any significant adverse impacts are identified, we shall recommend appropriate mitigation measures. These mitigation measures shall be conceptual. 3 8/27/2007 Completion of this task also assumes that focused surveys for the burrowing owl shall be conducted as part of this scope of work, and that the survey area will not exceed 10 acres. 2.3 Section 106 Study (Cultural Resources) The scope of work for the Section 106 Cultural Resources Assessment includes the following tasks: APE Delineation, Native American Consultation, Archival Research, Cultural Resources Survey and the preparation of a negative Archaeological Survey Report (ASR), negative Historic Resources Evaluation Report (HRER) and a negative Historic Property Survey Report (HPSR). Completion of this task assumes that Simon Wong Engineering will provide construction plans sufficient to determine vertical and horizontal impacts anticipated by the project; that the APE delineation will require no more than one meeting with Caltrans and/or the City; that Native American consultation will require no more than one meeting; that the project area will be readily accessible to surveyors and the appropriate permission to enter private property, if needed, will be provided by the City; and, that no cultural resources will be identified as a result of the archival research and cultural resources survey and therefore a Negative ASR, HRER and HPSR will be sufficient. 2.4 Initial Site Assessment An Initial Site Assessment (ISA)to estimate the potential for existing impacts to the site (Le" levels of hazardous materialslwastes likely to warrant mitigation pursuant to current regulatory guidelines) from the presence of hazardous materialslwastes on or within the vicinity of the project. This task will be performed by Geocon as a subconsutant to Simon Wong Engineering. The guidelines used for the definition of hazardous materialslwastes are referenced in the California Code of Regulations (CCR), Title 22, Division 4.5. The proposed scope of services for the ISA will be conducted in general accordance with the American Society for Testing and Materials (ASTM) Standard Practice E 1527-05. The ISA also will be conducted in accordance with the requirements of 40 Code of Federal Regulations (CFR) Part 312 titled Standards and Practices for All Appropriate Inquiries, as required under Sections 101(35)(8)(ii) and (iii) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The purpose of conducting an All Appropriate Inquiries (MI) investigation into the previous ownership and uses of a property is to meet the provisions necessary for the landowner, contiguous property owner, andlor bona fide prospective purchaser to qualify for certain landowner liability protections under CERCLA. In addition, because the proposed project involves property under the jurisdiction of the California Department of Transportation (Caltrans), the ISA will be prepared in accordance with Chapter 18 of the Caltrans document titled Project Development Procedures Manual (1999). The Project Development Procedures Manual states that "every project that includes excavation, structure demolition or modification, or the purchase of new right-of-way, will require an ISA to determine if known or potential hazardous waste is present within the project limits." The work outlined below addresses the requirements specified in the Project Development Procedures Manual and Chapter 10 of Caltrans' publication titled Environmental Handbook Volume 1(2004). The specific scope of work to be conducted for the ISA is discussed below. 4 8/27/2007 . Perform a visual reconnaissance of the Site for indicators of hazardous materials, hazardous wastes, or soil andlor groundwater impacts on the Site. The indicators referenced include, but are not iimited to, 55-gallon drums, underground and aboveground storage tanks, chemical containers, waste storage and disposal areas, industrial facilities, discolored surface soil, electrical transformers that may contain polychlorinated biphenyls (PCBs), and areas conspicuously absent of vegetation, The City will be responsible for providing Geocon with a site plan that clearly depicts the site boundary. The City will also be responsible for obtaining permission for Geocon personnel and support to enter the Site prior to our visit. If access is unavailable to any portion of the Site, Geocon's ability to complete the assessment described herein may be hindered. Provisions for an assessment of earthquake faults, lead in drinking water, asbestos, lead-based paint, and methane gas are not included in this scope of services. . Perform a visual survey of the adjacent properties from the Site and from public thoroughfares to observe general types of existing land use surrounding the Site. . Review publicly-available historical sources of information pertaining to the Site and nearby properties. Such sources of information may include the following: aerial photographs, building permits, historical city directories, topographic maps, and Sanborn fire insurance maps. Research of these sources will be conducted from the present back to when the property first contained structures or was used for residential, agricultural, commercial, industrial, or governmental purposes. . Conduct a search of federal, state, and local databases for the Site and surrounding area to obtain information regarding the potential presence of hazardous materialslwastes on the Site or on properties located within the approximate distances specified by ASTM Standard Practice E 1527-05 and 40 CFR Part 312. The records searched will include registries or pubiicly available iists of recorded engineering and institutional controls, and recorded land use restrictions that may impact the Site. . Review reasonably obtainable regulatory agency files for the Site, if available, andlor properties in the vicinity of the Site whose environmental conditions might potentially impact the Site. . Contact local public agencies by telephone or in writing to acquire readily obtainable information regarding underground storage tank permits, building permits, agriculturally-related permits and violations, air emission permits and violations, source of water and method of sewage disposal, location and depth of nearest drinking water wells, and electrical transformers. The information will be obtained for the Site only. The agencies contacted may include, but will not necessarily be iimited to, the local fire department, air pollution control agency, agriculture department, water and sewer agencies, and gas andlor electric utiiity companies. . Review pertinent and reasonably obtainable information sources to evaluate physiographic, geologic, and hydrogeologic conditions in the vicinity of the Site. 5 8/27/2007 The review will not include or address earthquake faults on the Site or in the Site's vicinity. . Review documents provided by the City, and at the City's discretion. Potentially useful documents may include previously prepared geotechnical, geologic, and environmental reports; site plans; plot plans; tenant lists; and correspondence with regulatory agencies. The City is required to provide the following informationldocumentation for the ISA, if available: information regarding liens recorded against the Site for environmental cleanup activities; documentation regarding any land use or activity limitations pertaining to the Site (e.g., building restrictions, water treatment systems); any specialized knowledge pertaining to environmental conditions associated with the Site, based on the City's knowledge of the Site or the area in which the Site is located; and information regarding whether the purchase price for the Site is significantly different from the fair market value and, if so, the reason for the difference. . Review and interpret U. S. Geological Survey (USGS) topographic maps to obtain information relative to the topography and physical setting of the Site, and previous development and uses of the Site and properties within approximately 1/4-mile of the Site. . If requested, review recorded land title records for the Site in accordance with the requirements identified in 40 CFR Part 312. A 50-year chain-of-title report must be obtained from a title company by the City, and at the City's expense, if Geocon is to perform this task. The purpose of obtaining a chain-of-title report is to assess whether any requirements regarding engineering and institutional controls have been recorded for the Site, and whether any land use restrictions andlor environmental cleanup liens are associated with the Site. . Conduct interviews by telephone or in writing with the current owner(s) and occupant(s) of the Site to evaluate if present or past occupants have used, generated, stored, or disposed of hazardous materialslwastes on-site. In order to obtain information regarding the past occupants and uses of the Site, it may be necessary for Geocon also to interview past owners andlor occupants of the Site. The names and telephone numbers of the contacts for the above interviews are to be provided by the City. . Prepare a report summarizing the findings of the ISA. The report will qualitatively describe the potential for environmental impairment at the Site, including whether known or potential hazardous waste is present within the project limits. If necessary, the report will also provide recommendations for additional environmental services (e.g., a Phase II investigation), based on the findings of the ISA. The report will identify any "data gaps" (i.e., lack of or inability to obtain information required by ASTM Standard Practice E 1527-05 and 40 CFR Part 312). If the data gaps influence the ability of Geocon to render an opinion regarding the environmental condition of the Site, the report will comment on the significance of the data gap(s). . If requested, attend one meeting during the course of the project. The meeting will not exceed four hours duration, including travel time. 6 8/27/2007 Please note that 40 CFR Part 312 requires that, in addition to the ISA, the activities described below be conducted by the prospective purchaser of the property in order for the purchaser to qualify for liability protection under CERCLA. It is the responsibility of the prospective purchaser to: . conduct a search for the existence of environmental cleanup liens against the Site filed or recorded under federal, tribal, state, or local law; . consider the specialized knowledge the prospective purchaser has of the Site, the area surrounding the Site, the conditions of adjoining properties, and any other experience relevant to the environmental condition of the Site; . consider the relationship of the purchase price of the Site to the value of the Site if it were not contaminated; and . consider commonly known or reasonably ascertainable information within the local community about the Site to the extent not otherwise obtained during the preparation of the Phase I ESA. These activities are not included in the scope of work for this assessment. 2.5 Categorical Exclusion/Categorical Exemption The PES form preliminarily concluded that the appropriate environmental document for the proposed project would be a Categorical Exclusion with required technical studies. This satisfies the project requirements under the National Environmental Policy Act (NEPA). To ensure the project is also evaluated under the California Environmental Quality Act (CEQA), EDAW shall prepare a Categorical Exemption. Unless Caltrans advises otherwise, the Categorical Exclusion and Categorical Exemption shall be prepared as one joint document. The joint document shall be prepared in accordance with Caltrans and FHWA protocol. All technical studies prepared for the project shall be included in this submittal. Any filing fees are outside the cost estimate of this proposal and shall be the responSibility of the City of Temecula. This scope and cost assumes that the City of Temecula will process the CEQA as a Categorical Exemption. Any change to the document type may result in a change to this cost and scope. 2.6 Permits Discussions with the Army Corps of Engineers (Corps) have previously indicated that the proposed Main Street bridge project will likely be constructed in advance of construction of the Corps' Murrieta Creek Flood Control Project (MCFCP). Consequently, relevant permits will be needed for the proposed Main Street bridge project. The Corps has indicated that it will provide assistance in the preparation of relevant applications. EDAW shall delineate the jurisdictional wetlands/waters of the U.S. as regulated by the Corps pursuant to the criteria outlined in USACE 1987 Weiland Delineation Manual (Manual) (Environmental Laboratory 1987) and the December 2006 Interim Regional Supplement to the Corps of Engineers Weiland Delineation Manual: Arid West Region (ARM) (Environmental Laboratory 2006). EDAW shall delineate the jurisdictional 7 8/27/2007 wetlands/waters of the state as regulated by CDFG under California Fish and Game Code (CFGC) Sections 1600-1616 (effective January 1,2004). A formal Jurisdictional Delineation Report for waters of the U.S. and state will be prepared based upon these findings and criteria outlined within the appropriate USACE delineation guidance manuals. Once submitted to the Corps and CDFG, a site visit will then be scheduled and conducted for confirmation of field findings outlined in the final Report and issuance of a jurisdictional determination. Consultation with the U.S. Fish and Wildlife Service (USFWS) and CDFG will be conducted regarding the project impacts to federal and state listed species. In addition to all jurisdictional field studies and reports, all permit application packages will incorporate biological resource information with regard to jurisdictional waters of the U.S. and state. It is anticipated that a Corps Nationwide permit (NWP) would be used to comply with Section 404, that an individual 401 permit will need to be submitted to RWQCB, and that a Lake and Streambed Alteration Agreement (SAA) shall be EDAW will prepare the application materials for the NWP, 401 application, and SAA application and submit to the appropriate regulatory agencies. The draft CEQA document is generally submitted with the application; the certified final CEQA document must be submitted to the regulatory agency before the applicable certification can be issued. Supplemental information may be requested from the applicant during the agency's review of the application. The RWQCB has a public comment period that starts shortly after an application has been deemed complete and closes when RWQCB decides to take an action on the 401 Certification. EDAW will coordinate with the RWQCB throughout their review and the public notice to obtain the final 401 Certification. No public noticing is required for the SAA. EDAW will prepare the SAA form and provide the backup information for the package to be considered complete by CDFG. The draft SAA package will be forwarded to the City for review, and input from the City will be incorporated prior to sending the final SAA package to the CDFG. Supplemental information may be requested from the applicant during CDFG's review of the application. EDAW will coordinate with the CDFG throughout their review to obtain the final SAA. A SAA would also be required for this proposed activity. Impacts to State waters are also anticipated to be entirely temporary. Both NWP notification and the SAA will provide mitigation measures prior to issuance. Informal communication with agency representatives prior to application submittals will better assure that agency concerns and recommendations regarding a project action are addressed. At least one pre-application meeting should be held with the USACE, RWQCB, and CDFG, to discuss temporary impacts and the manner in which will provide the most efficient permitting timeframe. This scope of work and cost estimate includes participation by EDAW at up to two meetings with the resource agencies. EDAW will maintain meeting notes, telephone logs, and email correspondence, which are useful methods to document and resolve agency issues or concerns. After the NWP, 401, and SAA permit applications have been submitted and deemed complete, coordination with the agencies will continue until final authorizations are granted. 8 8/27/2007 Any fees associated with permit applications are outside the scope of this proposal. Such fees shall be paid directly by the City of Temecula to the respective agencies. 2.7 Hydraulic Analysis An Hydraulic and Scour Report will be developed for the project. This report will include an update of the HEC-RAS model to include transitions upstream and downstream of the bridge to represent the interim channel conditions and the ultimate channel conditions as proposed by the U.S. Army Corps of Engineers. The scour analysis will include an investigation of the potential for scour at the bridge footings under the interim and ultimate conditions. 2.8 Water Quality Management Plan A Water Quality Management Plan will be prepared for the project that will outline the required post construction BMPs required to be in conformance with the current stormwater regulations. The report will include details of the types of BMPs to be used within the project. It is assumed that one review cycle will be adequate. Upon receipt of the City of Temecula's comments, a final WQMP will be prepared and submitted to the City 2.9 Visual Impact Study A visual impact study that evaluates the visual impact of the project improvements from several key viewpoints will be prepared. The FHWA Visual Impact Assessment for Highway Project guidelines shall be followed to quantify the visual analysis. This assessment shall describe the existing visual characteristics of the area involving the interchanges and vicinity, and any significant visual resources. The potential visual impacts from project construction shall be evaluated through the use of ground level photographs from viewpoints near the project site. Visual conditions and project impacts shall be quantified as required in the FHWA guidelines for highway projects. One visual simulation has been assumed in conjunction with the findings from the Visual Impact Study. The visual quality report shall include viewshed maps and character I quality unit mapping and typical photos of the adjacent visual environment. It shall also include mass diagram / model wireframe for the bridge being considered. This wireframe would be added over site photos. Detailed visual simulations shall be done for the preferred project. Multiple views shall be created of the preferred alternative. An existing photo, proposed unmitigated and a mitigated version shall all be provided. The study shall be prepared under the supervision of a licensed Landscape Architect. 2.10 Traffic Analysis A Traffic analysis will be performed for the project. During the removal of the existing bridge and construction of the new bridge, existing bridge traffic will have to be rerouted onto neighboring streets. In addition, operations of the new bridge in build-out conditions will be analyzed to determine if the proposed 2-lane bridge will be sufficient. Existing Traffic Counts Existing turning movement counts will be performed at the following six (6) intersections: 9 8/2712007 . Main Street & Pujol Street . Main Street & Front Street . Rancho California Road & Vincent Moraga Drive . Rancho California Road & Front Street . 1s1 Street & Pujol Street . 1 sl Street & Front Street 24-hour ADT (tube) counts will be performed on the following seven (7) roadway segments: . Main Street between Pujol Street and Front Street . 1s1 Street between Pujol Street and Front Street . Rancho California Road between Vincent Moraga Drive and Front Street . Pujol Street between 61h Street and Main Street . Pujol Street between Main Street and 1s1 Street . Front Street between 41h Street and Main Street . Front Street between Main Street and 3rd Street Forecast Traffic Volumes A growth rate will be used to obtain 2030 build-out intersection and roadway volumes. An assumption will be made regarding the re-distribution of traffic during bridge closure. Bridge Closure Analysis An analysis will be completed to determine the impacts of a bridge closure during construction. Potential detour routes will be determined and impacts to detour segments and intersections will be analyzed. Build-Out Analysis An analysis of intersection and roadway operations using 2030 build-out traffic volumes will be performed, assuming a new 2-lane bridge. Preparation of Traffic Assessment Letter Report A Traffic Assessment letter report will be prepared for the City of Temecula. Two submittals to the City of Temecula (draft and final) are included. 3.0 Interim Grading, Retaining Walls and Landscaping Plans The development of a stand alone bridge project will require the design and detailing of interim grading plans to transition of channel from the existing configuration to the new bridge location. This will require grading work approximately 50 to 100 feet up and down stream of the bridge. Additional survey of the channel bottom are required due to the extensive scour that has occurred since the aerial topographical mapping. Additional retaining walls may be required to tie the bridge in with the approach grading. We have assumed that these walls will be based on the Caltrans Standard Plans with driven pile foundations. 10 8/27/2007 The portion of the channel impacted by the stand alone project will need to be revegetated for temporary erosion control. The scope and fee is based on the assumption that this area will require temporary irrigation details. 4.0 Bridge Lighting The revised scope of work includes design of decorative Old Town style street lighting fixtures on the new bridge railing. It also includes lighting for the entry pillars, accent lighting for the steel truss and the extension of the Old Town PA system onto the new bridge. The following items will be included in the lighting and sound system: . Walkway lighting using the City standard pole luminaries for the "Old Town" district. . Decorative "gaslamp" luminaries for the four stone pillars. . Accent lighting of the steel truss superstructure. . Extension of the Old Town PA system. 5.0 Caltrans HBRR Documents We understand that the City of Temecula has applied for funding through the Federal Highway Bridge Rehabilitation and Replacement (HBRR) Program. If funding is obtained through this source, there may be some modifications required to the construction documents which have been developed up to the 70% level. This may include plan notes and details as well as specification requirements. Simon Wong Engineering will prepare a PS&E checklist consistent with Section 12 of the Local Assistance Procedures Manual and make adjustments to the contract documents as required to comply with HBRR submittal standards. We have assumed that the City of Temecula will not request a review of the construction documents through Structures Local Assistance (SLA) and our revised scope of work does not include the coordination, review and response to SLA comments. 6.0 Scope and Fee Adjustments through 70% Design During the 30% and 70% design phase, the following out of scope tasks were completed or exceeded our budgeted fee: . The number of meetings required during this phase exceeded our initial assumptions - The design team attended following additional meetings: Meeting Description I Firm Name Simon Kimley EDAW KTU+A Geoeon Wona Horn I Budoeted Meetin.os 11 6 2 6 4 I Actual Meetinos 12 11 3 9 1 I Additional 1 5 1 3 0 Actual costs for the additional meeting time have been included in the attached fee proposal where they exceeded the respective consultant's budget allocations. 11 8127/2007 . An expanded hydraulic analysis was required by the USACE to support the single span bridge alternative. The analysis included a more detailed modeling which included the bridge profile (vertical curve) with several iterations to adjust the profile to maximize the freeboard. Our budgeted time include the establishment of a minimum freeboard ( based on agency requirements) with the performance of a single hydraulic analysis. The actual scope included: 1. Two alternatives for the impact of raising the bridge profile showing the footprint of the impacts on adjacent properties. 2. Preparation of a hydraulic report for the modeling analysis. We had originally assumed that a memorandum would be prepared discussing the hydraulics which would be included as part of the 30% design report. 3. Attended a meeting at the Corps office in LA to discuss the project hydraulics and freeboard requirements with Corps staff. . The project duration was extended by extensive time gaps between submittals. There were approximately five months of delay between the 30% submittal and the notice-to-proceed with final design, approximately seven months of delay between the 70% design and the commitment to process the bridge replacement as a stand alone project and approximately eight months delay in initializing the revised project scope (which is addressed in this proposal). The extended project duration resulted in additional project management costs and project start-up costs after the periods of inactivity. . The original Landscape Architectural Services scope and fees for the Main Street Bridge Replacement were based on the assumption of a cast-in-place prestressed concrete bridge design that included conventional planting, irrigation and hardscape. Historic steel bridge esthetics and the level of detail required for adaptation of the Old Town Temecula theme was not included in the original scope assumptions. The following is an estimation of the resulting out of scope tasks that exceed our budget. Actual costs have been included in an attached fee proposal. Historic Steel Bridge Esthetics - The requested steel bridge type and adaptation of "Old Town Temecula" theme resulted in a time consuming Historic Bridge Esthetics. It became clear that the Main Street Bridge should be treated as a Town Landmark and Gateway to Old Town Temecula. Tasks included various theme integration and nuts and bolts issues such as guard rail I curb treatment, transition of steel bridge to abutment, incorporation of functional use areas such as the introduction of a pedestrian use area and central river view areas on the bridge and sitting and gathering areas and map viewing areas off the bridge. Although the scope included "rustification" There was no specific time budgeted for the resulting Historic Steel Bridge Esthetics. Special AC Paving Design / Research - Special Stamped AC Paving application was researched and various design options investigated. A meeting was held with the leading Stamped AC Installer and the City to 12 8/27/2007 determine its validity and a field trip conducted to review local examples. Although there are several good reasons to use Stamped AC, including light weight and flexibility, the City decided to not use Stamped AC. There was no specific time budgeted in the scope of work for this. Special Concrete Paving Design / Research - With the introduction of a historic steel bridge, the hardscape design took on a new dimension of detail including an intricate layout of paving patterns and related research on its practicality including weight and resistance to cracking on a steel bridge. Although the scope included "boardwalk style sidewalks", there was no specific time budgeted for the resulting detailed historic bridge treatment. Historic Handrail Research I Design - The steel bridge specified is intended for automobile traffic and has no esthetic pedestrian handrails available. Also, a pedestrian walk on the outside of the bridge girders was added. A search was made for manufacturers of historic bridge handrails and designs implemented. The results of the research were disappointing and we elected to design a historic handrail in keeping with the steel bridge and Old Town Temecula theme. Although the scope included "rustification elements", there was no specific time budgeted for this. Adaptation of Old Town Temecula Theme Details - With the creation of pedestrian use areas on the bridge, the doors opened to the adaptation of the Old Town Temecula theme details on the bridge such as the wooden crates of various sizes, wooden benches, trash receptacles resembling wine barrels, signs, bollards resembling horse hitching posts, entry pillars with custom light fixtures, historic street lamps with planters, trellis with map case and metal horse trough rose planters. Again, although the scope included "rustification elements", there was no specific time budgeted for the detailed end product. Contextual Lighting Layout I Design - The introduction of pedestrian use areas on the bridge invited the use of pedestrian scale lighting. The Old Town Temecula lighting fixtures were adapted for the bridge, planters with irrigation added, and their locations aligned with the bridge girders elevation, river view area and historic handrail layout. Dramatic landscape uplighting and down lighting and bridge mounted accent lights. The Landscape Architectural scope did not include lighting. Coordination Due to Additional Details and Design - Additional out of scope time has been utilized to coordinate the various issues above including responses to comments, correspondence, emails, manufacturer's product research and telephone conferences. Project Management due to Project Re-Initialization - As discussed in the SWE proposal for additional services, the extended project duration resulted in additional project management costs and project start-up costs after the periods of inactivity. 13 8127/2007 7.0 Design Refinement and Completion The project plans will require updating and design conformation due to the two yer inactive period. Bridge design calculations will be reviewed for confirmation with current Load Factor Design code; however, redesign to comply with LRFD code has not been included. Landscape and hardscape concepts developed through the 70% design will be refined and completed to a 100% level. This work will include revisiting the concepts with City staff for conformation of approach and costs. 14 ~ """~"''' City of Temecula ~i)~fJ.J Main Street Bridge over Murrieta Creek (Replacement) 't~:.::......./ August 2007 TASK ANAL YSIS FEE SUMMARY FINAL DESIGN AMMENDMENT Simon Wong Engineering Additional Services Fee Subtotai $79,348 ODC's $7,600 Sub Markup (5%) $12,113 Total Fee $99,061 Kimley-Horn and Associates Fee Subtotal ODC's Total Fee EDAW Fee Subtotal ODC's Total Fee Geocon Inc. - No Adjustments Fee Subtotal ODC's Total Fee KTU+A Fee Subtotal ODC's Total Fee Randall Lamb (Lighting) Fee Subtotal ODC's Total Fee Team Totals Base Fee Subtotai ODC's Sub Markup (5%) Total Additional Services Remaining Optionai Environmentai Doc. Budget Total Additional Budget Required Add. Services $43,606 $1,900 $45,506 Add. Services $106,915 $3,175 $110,090 Add. Services Add. 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I Approvals City Attorney Director of Finance City Manager ~ ell ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Aaron Adams, Assistant City Manager DATE: September 11, 2007 Amendment NO.1 to "Agreement for Consultant Services Agreement Between the City of Temecula and David Turch & Associates for Federal Lobbyist Service" SUBJECT: PREPARED BY: Tamra Middlecamp, Senior Management Analyst RECOMMENDATION: That the City Council approve an amendment for Federal legislative services to be provided by David Turch & Associates in the amount of $40,200 for the FY 07/08 operating budget. BACKGROUND: David Turch & Associates have been providing Federal legislative lobbying services for the City since 1997. The City has been very satisfied with these services. In the past, David Turch & Associates have provided great assistance in obtaining Federal funds for the City of Temecula. David Turch & Associates have assisted the City with lobbying efforts and have been instrumental in obtaining funding on the following projects: Bus Shelters (FY 00/01) Murrieta Creek (Flood Control 1999) Murrieta Creek (Flood Control Project (FY 02/03) Old Town Joint Use Gymnasium (VA/HUD) Overland Bridge Overcrossing (TEA 21) Pala Road Improvement Project (FY 02/03) Park & Ride (FY 04/05) Pierce's Disease (Agricultural Research Services) Pierce's Disease (House Appropriations FY 00/01) Transit Center (FY 03/04) Transit Center (FY 04/05) $ 200,000 $ 100,000 $1,000,000 $ 162,000 $3,750,000 $4,000,000 $ 48,589 $1,100,000 $2,000,000 $ 776,699 $ 388,711 City Council approved a three-year agreement with David Turch & Associates in 2005. As a part of this three-year agreement, staff is recommending this amendment in year three to alleviate any confusion as to the terms of the agreement through this agreement's expiration date. FISCAL IMPACT: Appropriate funding has been budgeted in the amount of $40,200 in the FY 07108 operating budget. ATTACHMENTS: David Turch & Associates Contract AMENDMENT NO.1 TO "AGREEMENT FORCONSlTLTANT SERVICES AGREEMENT BETWEEN THE CITY OF TEMEClTLA AND DAVID TlTRCH & ASSOCIATES FOR FEDERAL LOBBYIST SERVICE" THIS AMENDMENT NO.1 TO AGREEMENT is made and effective by and between the City of Temecu1a ("City") and David Turch & Associates ("Consultant") and shall be dated as of September 11, 2007. In consideration ofthe mutual covenants and conditions set forth herein, the parties agree as follows: 1. Recitals. 111is Amendment is made with respect to the following facts that the parties hereto agree are true and correct: A. On July 1, 2005 the parties entered into an "Agreement For Consultant Services Agreement Between the City Of Temecu1a and David Turch & Associates for Federal Lobbyist Service" ("Agreement"). B. The Agreement provided for the payment of $3,350 per month for lobbyist services and a term ofthree years. C. The parties have determined that the additional work is required and therfore intend to amend the language of Section 4, Payment, to provide for the additional work and to clarify of the intent of the parties with respect to the payment schedule. 2. Amendment of Section 4. The first paragraph of Section 4 ofthe Agreement is hereby amended to read as follows for the term of the Agreement: "The City agrees to pay Consultant a monthly fee for these services upon receipt of the signed agreement in the amount of $3,350 per month. This amount shall not exceed Forty 1110usand Two Hundred Dollars ($40,200.00) per fiscal year for Fiscal Years 2005-06, 2006-07, and 2007- 08 unless additional payment is approved as provided in this Agreement. For Fiscal Year 2007-08 the City Manager is authorized to approve additional expenditures for Consultant's services in the amount of dollars ($ .00)." 3. All Other Tenns Unchanged. Except as otherwise provided in this Amendment, all other tenns and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day and year first above written. CITY OF TEMECULA, a mnnicipal corporation Chuck Washington Mayor ATTEST: Susan W. Jones, MMC City Clerk APPROVED AS TO FORM: Peter M. 11lOrson City Attomey CONSULTANT DAVID N. TURCH & ASSOCIATES David Turch, Owner 2 I~-- . , II ITEM NO.8 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager i#-f'" /JJ2. (Ja...- CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Debbie Ubnoske, Director of Planning DATE: September 11, 2007 SUBJECT: First Amendment to Agreement for Consultant Services between the City of Temecula and Albert A. Webb and Associates for the Santa Margarita Ecological Reserve Area Annexation Environmental Impact Report PREPARED BY: Stephen Brown, Principal Planner RECOMMENDATION: That the City Council approve the first amendment to the agreement between the City of Temecula and Albert A. Webb and Associates for the Santa Margarita Ecological Reserve Area Environmental Impact Report for an additional $30,000. BACKGROUND: The City Council adopted a resolution requesting the commencement of proceedings to annex approximately 4,700 acres southwest of the City of Temecula. Staff prepared an Initial Environmental Assessment and determined that an Environmental Impact Report was necessary to comply with the California Environmental Quality Act. The City Council subsequently approved a contract with Albert A. Webb and Associates for a total amount of $92,000 plus a 10% contingency. As a result of significant comments received during the Notice of Preparation process, it has been determined that a traffic study should be prepared in order to adequately examine circulation issues for the Environmental Impact Report. The estimated cost to examine the circulation issue and prepare the needed report is $25,000. In addition, there is a further need to prepare detailed air quality data. The consultant has requested an additional $5,000 to prepare modeling on the existing and proposed future conditions. Both of these reports will be critical in preparing the environmental impact analysis section in addition to the project alternatives section. Staff has participated in meetings with the consultant to verify the need for the additional studies. With regard to these two items, the Director of Public Works and the City Attorney's office concur that these studies are necessary to establish the baseline condition which is critical for complying with the California Environmental Quality Act. FISCAL IMPACT: The current contract agreement is $92,000 with a 10% contingency of $9,200 which totals $101 ,200. With the additional request, the amended contract total is $122,000 plus the contingency of $9,200 totaling $131 ,200. Adequate funds are available in the Fiscal Year 2007-08 Annual Operating Budget. ATTACHMENTS: First Amendment to Consulting Services Agreement FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF TEMECULA AND ALBERT A WEBB ASSOCIATES SANTA MARGARITA ECOLOGICAL AREA ANNEXATION EIR THIS FIRST AMENDMENT is made and entered into as of September 11, 2007 by and between the City of Temecula ("City) a municipal corporation, and Albert A Webb Associates ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. This Amendment is made with the respect to the following facts and purposes: a. On March 27, 2007 the City and Consultant entered into that certain agreement entitled "City of Temecula Agreement for Consultant Services", in the amount of $92,000 plus a 10% contingency. b. The parties now desire to increase the payment for services in the amount of $30,000 and amend the Agreement as set forth in this Amendment. 2. Section 4.a. Pavment of the Agreement is hereby amended to read as follows: The City agrees to pay Consultant monthly, in accordance with the payment rates and schedules and terms set forth in Exhibit A attached hereto and incorporated herein by this reference as though set forth in full, based on actual time spent on the above tasks. Any terms in Exhibit A other than the payment rates and schedule of payment are null and void. The first amendment amount shall not exceed Thirty Thousand Dollars ($30,000) for additional consulting services for a total agreement amount of One Hundred Twenty Two Thousand, Dollars ($122,000). 3. Exhibit A to the Agreement is hereby amended by adding thereto the items set forth on Attachment "A" to this Amendment, which is attached hereto and incorporated herein as though set forth in full. 4. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. 1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA BY: Chuck Washington, Mayor ATTEST: BY: Susan W. Jones, MMC, City Clerk APPROVED AS TO FORM: BY: Peter M. Thorson, City Attorney Albert A Webb Associates 3788 McCray Street Riverside, CA 92506 Phone: 951-686-1070 Fax: 951-786-0594 BY: (Signature) NAME: (Printed Name) TITLE: BY: (Signature) NAME: (Printed Name) TITLE: 2 ATTACHMENT A EXHIBIT A Attached hereto and incorporated herein is the additional scope of work and associated cost as provided by the Consultant. D Determine study area, intersections, interchange, roadway, and freeway links to be analyzed. Determine project trip generation, trip distribution, assignment, traffic growth assumptions. Prepare traffic study scoping agreement and solicit input and approval from the City. D Base Traffic: Provide existing traffic conditions for the study intersections. Manually count existing peak hour counts for the intersections (10 intersections maximum) in accordance with City of Temecula. Provide ADT volumes from either information provided by City of Temecula and Caltrans or factored PM peak hour counts. Evaluate all of the information to create the most accurate base traffic estimate. D Analyze Existing Conditions: Determine Level of Service (LOS) and capacity of the study area intersections and roadway links for the existing traffic conditions. D Analyze Short Term Conditions (Base Case): Determine Level of Service (LOS) and capacity of the study area intersections and roadway links with the partial project (City of Temecula - Hillside Residential). Traffic conditions prior to the time that the proposed project is partially completed will be estimated by increasing the existing traffic counts by an appropriate growth rate. D Analyze Short Term Conditions (Alternate Case): Determine Level of Service (LOS) and capacity of the study area intersections and roadway links with modified project and Liberty Rock Quarry (City of Temecula - Hillside Residential and Rock Quarry). Traffic conditions prior to the time that the proposed project is partially completed and Liberty Rock Quarry fully completed will be estimated by increasing the existing traffic counts by an appropriate growth rate. D Analyze Long Term (Year 2025) Conditions (Base Case): Determine Level of Service (LOS) and capacity of the study area intersections and roadway links with the project (City of Temecula - Hillside Residential) at Year 2025. The City's Traffic Consultant will provide AM and PM Peak Hour and Average Daily Traffic information for the study intersections and roadway links. D Analyze Long Term (Year 2025) Conditions (Alternate Case): Determine Level of Service (LOS) and capacity of the study area intersections and roadway links with the modified project and Liberty Rock Quarry (City of Temecula - Hillside Residential and Rock Quarry) at Year 2025. The City's Traffic Consultant will provide AM and PM Peak Hour and Average Daily Traffic information for the study intersections and roadway links. D Recommend mitigation measures determining project specific impacts for both alternates. D Prepare the traffic impact study report per City of Temecula requirements. D Run Air Quality Analysis "URBEMIS" model and incorporate data in Air Quality Analysis. 3 I~-- . , II ITEM NO.9 II , II - . . . I I II II __. . I Approvals City Attorney Director of Finance City Manager V Ct2. ~ CITY OF TEMECULA AGENDA REPORT TO: City Manager/City Council FROM: Herman D. Parker, Director of Community Services DATE: September 11, 2007 SUBJECT: Amendment NO.1 to Food and Beverage Sales Agreement with A&B Desert Services DBA as "Grounds for Hire" PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the City Council approve Amendment NO.1 to the Food and Beverage Sales Agreement with A&B Desert Services DBA "Grounds for Hire", removing the operations of the coffee cart at the Old Town Temecula Community Theater from the agreement. BACKGROUND: On April 2, 2007, the City received a proposal from A&B Desert Services, DBA Grounds for Hire, to operate coffee carts at two City facilities; the Temecula Public Library and the Old Town Temecula Community Theater. Based on staff's research and negotiations with the concessionaire, the city entered into an agreement with A&B Desert Services on May 22, 2007 for concession services at the theater and the library. Due to staffing and time constraint issues, A&B Desert Services does not feel they are able to adequately manage both coffee carts. They have approached the City and asked to be relieved from their agreement to operate the coffee cart at the theater. Theywill continue to operate the cart at the library. The City has received proposal to operate coffee cart that the theater from another concessionaire. The Board of Directors will consider that proposal and agreement separately from the amendment to the existing agreement. FISCAL IMPACT: Annual revenues to the City from the operations of the coffee cart at the theater and library had previously been estimated at $9,000 and $14,000, respectively. Approval of this amendment would provide revenue from the operation of the coffee cart at the library only. ATTACHMENTS: Amendment NO.1 FIRST AMENDMENT TO FOOD AND BEVERAGE SALES AGREEMENT BETWEEN CITY OF TEMECULA AND A&B DESERT SERVICES D.B.A. AS 'GROUNDS FOR HIRE' FOR THE TEMECULA PUBLIC LIBRARY AND THE OLD TOWN TEMECULA COMMUNITY THEATER THIS FIRST AMENDMENT is made and effective as of September 11, 2007 by and between the City of Temecu1a ("City") and A&B Desert Services, a Ca1ifomia corporation D.B.A. Grounds For Hire ("Concessionaire"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. Recitals. This First Amendment is made for the following purposes and with respect to the following facts, that each ofthe parties acknowledge and agree are true and correct: A. On May 22, 2007, the City and Concessionaire entered into that certain agreement entitled: "Food and Beverage Sales Agreement Between City Of Temecu1a and A&B Desert Services D.B.A. as 'Grounds For Hire' for the Temecu1a Public Library and the Old Town Temecu1a Community Theater" ("Agreement"). B. Concessionaire has not been successful in selling food and beverages at the Old Town Temecu1a Theater pursuant to the Agreement. C. TIle City and Concessionaire desire to amend the Agreement to relieve Concessionaire of its obligation to provide food and beverage service at the Old Town Community Theater but to allow Concessionaire to retain its exclusive right to sell food and beverages at the Temecu1a Public Library. 2. Title. The title of the Agreement is hereby anlended to read as follows: "Food and Beverage Sales Agreement Between City Of Temecu1a and A&B Desert Services D.B.A. as 'Grounds For Hire' for the Temecu1a Public Library." 3. Section 2.i.. Definitions. Section 2.i., "Theater" is deleted from the Agreement in its entirety and the following shall be substituted in its place: "Intentionally deleted." 4. Section 3. Exclusive AQfeement for Food and Beverage Sales at Food Concession Area. Section 3 ofthe Agreement is hereby amended to read as follows: "Concessionaire shall have an exclusive agreement to provide for the sale of high quality food and beverages from the Food Concession Cart to patrons of the Library and members ofthe public in accordance with the temlS ofthis Agreement. TIle City reserves the right to contract with other food vendors in the Library outside of the Food Concession Area for special events. TIle City shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Special Event." C: \ WINDUWSlapsdoclnettemp\60881$ASQpdfE54655 .DUC 1 5. Section S.a.. Food and Beverage Sales Ooerationa1 Reuuirements. Section S.a. ofthe Agreement is hereby amended to read as follows: "Concessionaire shall provide food and beverages at the Food Concession Area at the Library during the following hours: Monday through Friday 10:00 a.m. to 5:00 p.m.; and Saturday 1:00 p.m. to 4:00 p.m. Director shall approve any changes to the hours of operation." 6. Entire Agreement. The Agreement is hereby amended to delete all references to the "Theater"' 7. Exhibit A. The tex1: of Exhibit A, Description of Food Concession Area, is hereby amended to read as follows: "The Temecu1a City Library 1. An 8 foot Van San Concession Cart to be located in the sitting area in the North West comer ofthe Main Room." 8. No Other Changes. Except as otherwise provided in this First Amendment, all other provisions ofthe Agreement shall remain in full force and effect. C: \ WINDUWSlapsdoclnettemp\60881$ASQpdfE54655 .DUC 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Chuck Washington Mayor Attest: Susan W. Jones, MMC, City Clerk Approved as to form: Peter M. Thorson, City Attorney C: \ WINDUWSlapsdoclnettemp\60881$ASQpdfE54655 .DUC 3 A&B DESERT SERVICES, INC., a California corporation, DBA GROUNDS FOR HIRE By: Name: Title: By: Name: Title: (TWO SIGNATURES OF CORPORATE OFFICERS REQUIRED FOR CORPORA nONS) C: \ WINDUWSlapsdoclnettemp\60881$ASQpdfE54655 .DUC 4 TEMECULA COMMUNITY SERVICES DISTRICT Ii - I. ITEM NO.1 0 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA COMMUNITY SERVICES DISTRICT AUGUST 28, 2007 A regular meeting of the City of Temecula Community Services District was called to order at 7:54 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 DIRECTORS: Edwards, Roberts, Washington, Comerchero ABSENT: 1 DIRECTORS: Naggar. 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 August 14, 2007. 15 Acceotance of a Landscaoe Maintenance Easement Deed alonc Butterfield Stace Road within the Crowne Hill Develooment RECOMMENDATION: 16.1 Accept the Landscape Maintenance Easement Deed for Lots 83 and 84 of Tract Map 23143-1 within the Crowne Hill Development. 17 Entertainment Acreement - Timmv D' Productions RECOMMENDATION: 17.1 Approve a non-exclusive Entertainment Agreement between the City of Temecula Community Services Department and Timmy D' Productions in the amount of $55,000 for FY2007-2008. R:\Minutes\082807 18 Namina of Linear Park Site - Wolf Creek Soecific Plan RECOMMENDATION: 18.1 Approve the name "Wolf Creek Trail Park" for the linear park site in the Wolf Creek development as recommended by the Community Services Commission. 19 Award the Construction Contract for the Murrieta Creek Multi-Puroose Trail Proiect - Proiect No. PW01-27 RECOMMENDATION: 19.1 Award a construction contract for the Murrieta Creek Multi-Purpose Trail Project, Project No. PlN01-27, to lAC Engineering, Inc. in the amount of $1,308,148.48 and authorize the Mayor to execute the contract. 19.2 Authorize the General Manager to approve change orders not to exceed the contingency amount of $130,814.85, which is equal to 10% of the contract amount. MOTION: Director Washington moved to approve the Consent Calendar. Director Edwards seconded the motion and electronic vote reflected aoproval with the exception of Director Naggar who was absent and Director Edwards who abstained from Item NO.17. CSD DEPARTMENTAL REPORT 20 Community Services Deoartmental Monthlv Reoort CSD DIRECTOR OF COMMUNITY SERVICES REPORT No additional comments. CSD GENERAL MANAGERS REPORT No additional reports. CSD BOARD OF DIRECTORS REPORTS Director Washington thanked Director of Community Services Parker and staff for a summer of fun-filled activities. R:\Minutes\082807 2 CSD ADJOURNMENT At 7:55 p.m., the Temecula Community Services District meeting was formally adjourned to Tuesday, September 11,2007, at 7:00 p.m., at the Temecula Duck Pond. Jeff Comerchero, President ATTEST: Susan W. Jones, MMC City Clerk/District Secretary [SEAL] R:\Minutes\082807 3 Ii - I. ITEM NO. 11 I I Approvals City Attorney Director of Finance City Manager JM.( 1112. ~ TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Genie Roberts, Director of Finance DATE: September 11, 2007 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2007 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Board of Directors receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007. DISCUSSION: The attached financial statements reflect the unaudited activity of the Community Services District for the Fiscal Year Ended June 30, 2007. Please see the attached financial statements for an analytical review of financial activity. FISCAL IMPACT: None ATTACHMENTS: Combining Balance Sheet as of June 30, 2007 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2007 TEMECULA COMMUNITY SERVICES DISTRICT Combining Balance Sheet as of June 30, 2007 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2007 (Unaudited) Prepared by the Finance Department T emecula Community Services District Combining Balance Sheet As of June 30, 2007 Parks & Service Service Service Recreation Level B Level C Level D Assets: Cash and investments $1,843,849 $101,396 $137,567 $41,874 Receivables 215,347 20,976 42,006 173,858 Due from other fnnds 99,520 Total assets $2,158,716 $122,372 $179,573 $215,732 Liabilities and fnnd balances: Liabilities: Other current liabilities $805,799 $6,229 $92,424 $299,839 805,799 6,229 92,424 299,839 Fnnd balances: Reserved 186,138 1,835 6,250 Designated 1,166,779 116,143 85,314 Total fund balances 1,352,917 116,143 87,149 (84,107) Total liabilities and fnnd balances $2,158,716 $122,372 $179,573 $215,732 Please note that these balances are unaudited T emecula Community Services District Combining Balance Sheet As of June 30, 2007 Service Service Debt Level R Level L Library Service Iotal Assets: Cash and investments $34,034 $309,929 $1,012,844 $10,389 $3,491,882 Receivables 725 10,045 10,195 115 473,267 Due from other fnnds 99,520 Total assets $34,759 $319,974 $1,023,039 $10,504 $4,064,669 Liabilities and fnnd balances: Liabilities: Other current liabilities $26,452 $718,846 $1,949,589 26,452 718,846 1,949,589 Fnnd balances: Reserved $10,504 204,727 Designated $34,759 293,522 304,193 2,000,710 Iotal fund balances 34,759 293,522 304,193 10,504 2,115,080 Total liabilities and fnnd balances $34,759 $319,974 $1,023,039 $10,504 $4,064,669 Please note that these balances are unaudited 2 T emecula Community Services District Citywide Operations Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2007 Armual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Special tax $3,050,122 $2,985,206 $2,985,206 98% TCSD adrnin fee credit/"REST" 5,553,415 5,553,415 5,553,415 100% Recreation programs 1,215,400 1 ,403,434 1,403,434 115% (I) Investment interest 6,000 38,321 38,321 Development services 99,180 65,401 65,401 66% Lease Income 35,760 37,097 37,097 104% (2) Reimbursements/CIP 69,000 59,889 59,889 87% (3) Total Revenues 10,028,877 10,142,763 10,142,763 101% Expenditures: Parks, medians and arterial street lighting 5,947,531 5,694,445 $58,681 5,753,126 97% Seniors 209,610 203,152 203,152 97% Community Recreation Center (CRC) 510,514 501,567 501,567 98% Recreation programs 768,663 688,881 58,286 747,167 97% Temecula Community Center (TCC) 187,290 159,728 159,728 85% (4) Museum 252,279 248,295 3,833 252,128 100"10 Aquatics 594,642 558,912 762 559,674 94% Sports 300,033 243,320 6,500 249,820 83% (4) Children's Museum 282,236 280,353 280,353 99% Community Theater 1,009,022 948,284 60,000 1,008,284 100% Cultural Arts 127,110 93,084 3,943 97,027 76% (4) Total Expenditures 10,188,930 9,620,021 192,005 9,812,026 96% Revenues Over/(Under) Expenditures (160,053) 522,742 Transfers Out (501,500) (501,500) Revenues Over/(Under) Expenditures and Transfers 341,447 21,242 Beginning Fund Balance, July 1, 2006 1,331,675 1,331,675 Ending Fund Balance, June 30, 2007 $1,673,122 $1,352,917 Notes: 1) The variance in recreation programs is due to increasing enrollment in the summer programs. 2) The variance is primarely attributed to decreasing project development during this fiscal year. 3) The variance is primarely due to less than anticipated Capital project hours allocation for landscape maintenance inpectors during this fiscal year. 4) The variance is due to decreasing program activities during this fiscal year. 3 T emecula Community Services District Service Level B - Residential Street Lights Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2007 Annual Amended Total Percent Budget Activity of Budget Revenues: Assessments $617,617 $604,437 98% Investment Interest 1,200 2,942 Street lighting fees 8,200 10,656 130% (I) Total Revenues 627,017 618,035 99"10 Expenditures: Salaries & Wages 6,723 6,507 97% Street lighting 672,400 643,038 96% Operating Expenditures 24,900 13,635 55% (2) Total Expenditures 704,023 663,180 94% Revenues Over/(Under) Expenditures (77 ,006) (45,145) Beginning Fund Balance, July 1, 2006 161,288 161,288 Ending Fund Balance, June 30, 2007 $84,282 $116,143 Notes: 1) The increase in street lighting fees is due to the timing of developers pulling permits for estimated lighting fees for the fiscal year. 2) The variance is due to decreasing activities in public notices and property tax admin fees. 4 T emecula Community Services District Service Level C - Perimeter Landscaping and Slope Maintenance Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2007 Annual Amended YTD Percent Budget Activity of Budget Revenues: Assessments $1,333,446 $1,344,442 101% Investment interest 1,200 2,614 Plan check and inspections 30,000 9,752 33% (1) Total Revenues 1,364,646 1,356,808 99% Expenditures: Salaries and wages 254,350 234,857 92% Landscape maintenance 792,000 780,974 99% Operating Expenditures 473,900 415,843 88% Total Expenditures 1,520,250 1,431,674 94% Revenues Over/(Under) Expenditures (155,604) (74,866) Beginning Fund Balance, July 1, 2006 162,015 162,015 Ending Fund Balance, June 30, 2007 $6,411 $87,149 Notes: 1) The variance is due to decreasing project development during this fiscal year. 5 T emecula Community Services District Service Level D - Refuse Collection, Recycling and Street Sweeping Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2007 Armual Amended YTD Total Percent Budget Activity Encurnbr. Activity of Budget Revenues: Assessments $4,882,790 $4,765,022 $4,765,022 98% Grants 21,800 21,841 21,841 100% Investment interest 1,000 19,152 19,152 Recycling Program 5,000 5,000 5,000 100% Total Revenues 4,910,590 4,811,015 4,811,015 98% Expenditures: Salaries and wages 46,060 45,840 45,840 100% Refuse hauling 4,812,486 4,811 ,202 4,811,202 100% Operating Expenditures 60,202 48,384 $6,250 54,634 91% Total Expenditures 4,918,7 48 4,905,426 6,250 4,911,676 100% Revenues Over/(Under) Expenditures (8,158) (94,411 ) Beginning Fund Balance, July 1, 2006 10,304 10,304 Ending Fund Balance, June 30, 2007 $2,146 ($84.107) (I) Notes: 1) Teeter Trash collection payment is expected to be received by the end of October 2007. 6 T emecula Community Services District Service Level R - Streets and Roads Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2007 Annual Amended YTD Percent Budget Activity of Budget Revenues: Assessments $9,476 $9,486 100% Investment interest 100 1,378 Total Revenues 9,576 10,864 113% Expenditures: Emergency Street 1.1aintenance 12,100 7,372 61% (I) Operating Expenditures 100 35 35% (I) Total Expenditures 12,200 7,407 61% Revenues Over/(Under) Expenditures (2,624) 3,457 Beginning Fund Balance, July 1, 2006 31,302 31,302 Ending Fund Balance, June 30, 2007 $28,678 $34,759 Notes: 1) The variance is due to less than anticipated Street maintenance repairs during this fiscal year. 7 T emecula Community Services District Service Level L -Lake Park 1.1aintenance Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2007 Annual Amended YTD Percent Budget Activity of Budget Revenues: Assessments $213,232 $150,594 71%(1) Investment interest 500 12,054 Total Revenues 213,732 162,648 76% Expenditures: Salaries & Wages 27,632 27,073 98% Lake maintenance 44,521 44,521 100% Operating Expenditures 153,579 149,171 97% Total Expenditures 225,732 220,7 65 98% Revenues Over/(Under) Expenditures (12,000) (58,117) Beginning Fund Balance, July 1, 2006 351,639 351,639 Ending Fund Balance, June 30, 2007 $339,639 $293,522 Notes: 1) Most of the Parcel Assessments budget is based on development progress; Actual project development progress was less than anticipated at the time of the levy resulting in a lower assessments collected per parcel. 8 T emecula Community Services District T emecula Library Statement of Revenues, Expenditures and Changes in Fnnd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2007 Annual Amended YTD Total Percent Budget Activity Encurnbr. Activity of Budget $1,275,439 $1,275,439 $1,275,439 100% 16,800 (I) 25,000 9,861 9,861 39% (2) 168,375 56,585 56,585 34% (2) 18,218 18,218 1,485,614 1,360,103 1,360,103 92% 25,395 523 523 2% (2) 1,460,219 1,055,387 1,055,387 72% (2) 1,485,614 1,055,910 1,055,910 71% 304,193 Revenues: TCSD adrnin fee credit/"REST" Library Concessions Library Facilities Rental Library Services Investment interest Total Revenues Expenditures: Salaries & Wages- Part-Time Project Operating expenditures Total Expenditures Revenues Over/(Under) Expenditures Beginning Fund Balance, July 1, 2006 Ending Fund Balance, June 30, 2007 $304,193 Notes: 1) The Library concession begin its operations in fiscal year 2007 -08 2) The Library grand opennig day to the public was December 14, 2006. 9 T emecula Community Services District Debt Service Frmd Statement of Revenues, Expenditures and Changes in Frmd Balance - Budget and Actual For the Fiscal Year Ended June 30, 2007 Armual Amended YTD Total Percent Budget Activity Encurnbr. Activity of Budget Revenues: Investment interest $1,024 $1,024 Transfers in $501,500 501,500 501,500 100% Total Revenues 501,500 502,524 502,524 100% Expenditures: Debt service - principal 250,000 250,000 250,000 100% Debt service - interest 245,200 245,200 245,200 100% Operating Expenditures 6,800 3,850 $2,500 6,350 93% Total Expenditures 502,000 499,050 2,500 501,550 100% Revenues Over/(Under) Expenditures (500) 3,474 Beginning Fund Balance, July 1, 2006 7,030 7,030 Ending Fund Balance, June 30, 2007 $6,530 $10,504 10 Ii - I. ITEM NO. 12 I I Approvals City Attorney Director of Finance City Manager ~ /J/l aa..- TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker DATE: September 11, 2007 SUBJECT: Securitas Security Services PREPARED BY: Julie Pelletier, Recreation Superintendent RECOMMENDATION: That the Board of Directors approves an Agreement between the Temecula Community Services District and Securitas Security Services USA, Inc. to provide security services in the amount of $48,000. BACKGROUND: During the course of the fiscal year, the Community Services Department utilizes security guard services for a variety of special events, programs and activities. Many of our events require set-up and preparation after hours and evenings and as a result, security services are needed to secure event areas and equipment. In addition, we also require security services to provide patrol services at various park sites from time to time, as well as security for teen dances, set-up for parades, functions at community park sites and occasional supervision of park lots. As a result, the Community Services Department is requesting approval of an agreement with Securitas Security Services USA, Inc. Securitas Security Services has provided outstanding security support services to the Temecula Community Services Department overthe past two years for various events, programs and services. They provide knowledgeable staff that is committed to good customer service. As a result, the Community Services Department would like to continue to utilize Securitas Security Services to provide security services throughout the City. FISCAL IMPACT: The cost necessary to provide professional security services for FY07- 08 is $48,000, and is currently budgeted in 196-180-999-5250 and 190-183-999-5370. ATTACHMENTS: Agreement NON-EXCLUSIVE AGREEMENT FOR SECURITY SERVICES BETWEEN THE TEMECULA COMMUNITY SERVICES DISTRICT AND SECURITAS SECURITY SERVICES USA INC. THIS AGREEMENT is made and effective as of September 11,2007, between the Temecula Community Services District ("District") and Securitas Security Services USA ("Vendor"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. TERM. This Agreement shall commence on September 11,2007, and shall remain and continue in effect until tasks described herein are completed, but in no event later than June 30, 2008, unless sooner terminated pursuant to the provisions of this Agreement. The District may, upon mutual agreement, extend the contract for two one (1) year additional terms. If contract is extended beyond the original term, contract price shall be adjusted at the beginning of each fiscal year in accordance with the changes in the Consumer Price Index for all Urban Consumers in the Los Angeles-Anaheim-Riverside Area published monthly by the United States Bureau of Labor Statistics (CPI). 2. SERVICES. The Vendor understands this Agreement in non-exclusive and the City reserves the right to purchase similar services from other Vendors. Vendor shall perform the services and tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. 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 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. 4. PAYMENT. a. The District agrees to pay Vendor monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, Payment Rates and Schedule, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. Any terms in Exhibit B other than the payment rates and schedule of payment are null and void. This amount shall not exceed $48,000 for the total term of the Agreement unless additional payment is approved as provided in this Agreement. The not to exceed purchased amount listed herein is an estimated expenditure and this Agreement does not guarantee Vendor this amount in services. b. Vendor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the General Manager. Vendor shall be compensated for any additional services in the amounts and in the manner as agreed to by General Manager and Vendor at the time District's written authorization is given to Vendor for the performance of said services. c. Vendor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to R\ crowej\AC\ WI N DOWS\apsdoc\n ettemp\5840\$ASQpdf854633.dotgreements\Securitas Security allnon -disputed fees. If the District disputes any of consultant's fees it shall give written notice to Vendor within 30 days of receipt of an invoice of any disputed fees set forth on the invoice. 6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at anytime, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Vendor at least ten (10) days prior written notice. Upon receipt of said notice, the Vendor shall immediately cease all work under this Agreement, unless the notice provides otherwise. If the District suspends or terminates a portion of this Agreement such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the District shall pay to Vendor 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 Agreement pursuant to this Section, the Vendor will submit an invoice to the District pursuant to Section 4. 7. DEFAUL T OF CONSULTANT. a. The Vendor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Vendor is in default for cause under the terms of this Agreement, District 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 General Manager or his delegate determines that the Vendor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Vendor with written notice of the default. The Vendor 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 Vendor fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. 8. OWNERSHIP OF DOCUMENTS. a. Vendor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by District 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 provide free access to the representatives of District or its designees at reasonable times to such books and records, shall give District the right to examine and audit said books and records, shall permit District to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the District and may be used, reused or otherwise disposed of by the District without the permission of the Vendor. With respect to computer files containing data generated for the work, Vendor shall make R\ crowej\AC\ WI N DOWS\apsdoc\n ettemp\5840\$ASQpdf854633.dotgreements\Securitas Security available to the District, upon reasonable written request by the District, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. 9. INDEMNIFICATION. The Vendor agrees to defend, indemnify, protect and hold harmless the District, its officers, officials, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the District, 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 Vendor's negligent or wrongful acts or omissions arising out of or in anyway related to the performance or non-performance of this Agreement, excepting only liability arising out of the negligence of the District. In addition see Exhibit C. 10. INSURANCE REQUIREMENTS. 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 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 Consultant owns no automobiles, a non-owned auto endorsementto the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Consultant has no employees while performing under this Agreement, worker's compensation insurance is not required, but Consultant shall execute a declaration that it has no employees. b. Minimum Limits of Insurance. Consultant 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) peraccidentfor 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 Vendor shall procure a R\ crowej\AC\ WI N DOWS\apsdoc\n ettemp\5840\$ASQpdf854633.dotgreements\Securitas Security 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 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 District, 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 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 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 District, its officers, officials, employees or volunteers. (4) The District'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 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 by certified mail, return receipt requested, has been given to the District. e. Acceptabilitv 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 Coveraqe. Vendor shall furnish the District 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 District. All endorsements are to be received and approved by the District before work commences. As an alternative to the Districts forms, the Vendor's insurer may provide complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. R\ crowej\AC\ WI N DOWS\apsdoc\n ettemp\5840\$ASQpdf854633.dotgreements\Securitas Security 11. INDEPENDENT CONTRACTOR. a. Vendor is and shall at all times remain as to the District 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 District 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 setforth in this Agreement. Vendor shall not at anytime 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. Vendor shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District 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, District shall not pay salaries, wages, or other compensation to Vendor for performing services hereunder for District. District 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 anyway 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 District, and its officers and employees, shall not be liable at law or in equity occasioned byfailure of the Vendor to comply with this section. 13. RELEASE OF INFORMATION. a. All information gained by Vendor in performance of this Agreement shall be considered confidential and shall not be released by Vendor without District's prior written authorization. Vendor, its officers, employees, agents or subcontractors, shall not without written authorization from the General Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Vendor gives District notice of such court order or subpoena. b. Vendor shall promptly notify District 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. District 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 District and to provide District with the opportunity to review any response to discovery requests provided byVendor. However, District's right to review any such response does not imply or mean the right by District to control, direct, or rewrite said response. 14. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (I) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. Notice shall be effective upon delivery to the addresses specified below or on the third business day following deposit with the document delivery service or United States Mail as provided above. R\ crowej\AC\ WI N DOWS\apsdoc\n ettemp\5840\$ASQpdf854633.dotgreements\Securitas Security To District: Temecula Community Services District Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: General Manager To Vendor: Securitas Security Services USA 28991 Old Town Front Street, Suite 206 Temecula, California 92590 15. ASSIGNMENT. 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 District. Upon termination of this Agreement, District's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the Temecula Community Services District and the Vendor. 16. LICENSES. At all times during the term of this Agreement, Vendorshall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement. 17. GOVERNING LAW. The District 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. 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. 18. PROHIBITED INTEREST. No officer, or employee of the Temecula Community Services District shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Vendor, or Vendor's sub-contractors for this project, during his/her tenure or for one year thereafter. The Vendor hereby warrants and represents 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 Vendor or Vendor's sub-contractors on this project. Vendor further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. R\ crowej\AC\ WI N DOWS\apsdoc\n ettemp\5840\$ASQpdf854633.dotgreements\Securitas Security 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF TEMECULA Jeff Comerchero, President Attest: Susan W. Jones, MMC, City Clerk/Board Secretary Approved As to Form: Peter M. Thorson, City Attorney CONSUL TANT Securitas Security Services USA 28991 Old Town Front Street, Suite 206 Temecula, California 92590 By: Name: Title: By: Name: Title: (Two Signatures of Corporate Officers Required For Corporations) R\ crowej\AC\ WI N DOWS\apsdoc\n ettemp\5840\$ASQpdf854633.dotgreements\Securitas Security EXHIBIT A TASKS TO BE PERFORMED Security services as requested. The services may include but are not limited to the following: . Securing City property as necessary . Providing support to City staff in situations that involve securing an area . Security Services necessary at City-wide special events and programs . Security Services in emergency situations R\ crowej\AC\ WI N DOWS\apsdoc\n ettemp\5840\$ASQpdf854633.dotgreements\Securitas Security EXHIBIT B PAYMENT RATES AND SCHEDULI;, Payment rates and schedule will be determined on an event by event basis. All rates must be pre- approved prior to specific event. . Rate of Pay is$17.5 0 per hour. . Vehicle Rental Rate is 125.00 per week . Overtime rate may apply as appropriate. R\ crowej\AC\ WI N DOWS\apsdoc\n ettemp\5840\$ASQpdf854633.dotgreements\Securitas Security Ii - I. ITEM NO. 13 I I Approvals City Attorney Director of Finance City Manager ~ /J1l (J(G TEMECULA COMMUNITY SERVICES DISTRICT AGENDA REPORT TO: General Manager/Board of Directors FROM: Herman D. Parker, Director of Community Services DATE: September 11, 2007 SUBJECT: Food and Beverage Sales Agreement with Full Value Entertainment PREPARED BY: Phyllis L. Ruse, Deputy Director of Community Services RECOMMENDATION: That the Board of Directors approve an agreement with Full Value Entertainment to provide concession services at the Old Town Temecula Community Theater. BACKGROUND: On April 2, 2007, the City received a proposal from A&B Desert Services, DBA Grounds for Hire, to operate coffee carts at two City facilities; the Temecula Public Library and the Old Town Temecula Community Theater. Based on staff's research and negotiations with the concessionaire, the city entered into an agreement with A&B Desert Services on May 22, 2007 for concession services at the theater and the library. Due to staffing and time constraint issues, A&B Desert Services does not feel they are able to adequately manage both coffee carts. They have approached the City and asked to be relieved from their agreement to operate the coffee cart at the theater. Theywill continue to operate the cart at the library. On August 23, 2007, the City received a proposal from Full Value Entertainment to operate the coffee cart and the theater and provide food and beverage concession services at that location. Staff has met with Full Value Entertainment ("Concessionaire") to negotiate the provisions of the proposed agreement. It is envisioned that the Concessionaire will provide refreshments, snacks, and beverages to best suit the audience for each performance. In addition, the Concessionaire desires to provide food service during non-theatrical times to accommodate weekend patrons in Old Town and a business food and drink delivery service in Old Town during business hours. FISCAL IMPACT: Annual revenues to the City from the operations of the coffee cart at the theater are estimated to be $4,500. ATTACHMENTS: Professional Services Agreement SUPPLEMENTAL MATERIAL TEMECULA COMMUNITY SERVICES DISTRICT MEETING Item No. 13 Corrected contract attached to accurately reflect that the Concessionaire is a sole proprietorship versus a California Corporation ~ ~ FOOD AND BEVERAGE SALES AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND FULL VALUE ENTERTAINMENT FOR THE OLD TOWN TEMECULA COMMUNITY THEATER THIS AGREEMENT is made and effective as of September 11,2007, between the Temecula Community Services District ("District") and Full Value Entertainment, a sole proprietorship ("Concessionaire"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECITALS. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be true and correct: a. The District has constructed and operates the Old Town Community Theater ("Theater"). b. District desires to have a Concessionaire, and Concessionaire desires, to provide for the sale of high quality food and beverages at the Theater from the Food Concession Cart. 2. DEFINITIONS. As used in this Agreement the following words and phrases shall be defined as follows: a. "Concessionaire Supplied Equipment" shall mean such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the District Supplied Equipment. b. "Director" shall mean the Director of Community Services of the District of Temecula or his or her designee. c. "Director of Finance" shall mean the Director of Finance of the District of Temecula or his or her designee. d. "Food Concession Cart" shall mean the "Van San 8" food concession cart that is equipped with a built-in refrigerator unit, an ice dispense and a MSU unit for the removal of waste water. e. "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses. f. "Indemnified Parties" shall mean the City of Temecula, the District, and their respective officers, officials, agents, employees and volunteers g. "Theater" shall mean the Old Town Community Theater in the Old Town area of the City of Temecula. C:IDocumenlS and SellingslMichaela.BallreichlDesklopI09-II-07 Full Value Concession Agreemenl-correcled.DOC I . 3. EXCLUSIVE AGREEMENT FOR FOOD AND BEVERAGE SALES AT FOOD CONCESSION CART. Concessionaire shall have an exclusive agreement to provide for the sale of high quality food and beverages from the Food Concession Cart to patrons of the Theater and members of the public in accordance with the terms of this Agreement. The District reserves the right to contract with other food vendors in areas of the Theater for special events. The District shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Special Event. 4. MAINTENANCE OF EOUIPMENT AND PHYSICAL PLANT OF FOOD CONCESSION CART. a. The District shall provide the Food Concession Cart for the operation of the food and beverage sales operation.. District shall maintain the Food Concession Cart in good working order and replace such items of the Food Concession Cart when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement of the Food Concession Cart, or parts thereof, damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the Food Concession Cart in accordance with applicable law and standard commercial food handling practices. b. Concessionaire shall provide such other equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the Food Concession Cart ("Concessionaire Supplied Equipment"). At the termination or expiration of this Agreement, the District shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. c. All signage for the Concessionaire's food and beverage operation at the Food Concession Cart and , including sign content, shall be approved in writing by the Director prior to placement. 5. FOOD AND BEVERAGE SALES OPERATIONAL REQUIREMENTS. In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide food and beverages at the Food Concession Cart during the following times: Forty-five (45) minutes prior to any performance or event at the Theater and through the intermissions of the performance or event, except Sundays. Additional hours shall be provided upon the prior written approval of the Concessionaire and the Director. A calendar of events will be provided to the Concessionaire on a bi-monthly basis. Concessionaire may provide additional hours of food and beverage service with the prior written approval of the Director. b. Prior to commencement of the sales from the Food Concession Cart and not less than each calendar quarter thereafter the Director shall review and, after consulting with Concessionaire, approve the menus and quality of offerings for the Theater operations. Concessionaire shall not sell any items from the Food Concession Cart without the prior written consent of the Director. C:IDocuments and SellingslMichaela.BallreichlDesklopI09-II-07 Full Value Concession Agreement-corrected.DOC 2 ^ c. Director shall approve in writing the food and beverage price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices for food and beverages shall not exceed the prices on this approved list. d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality food and beverage services as are required of Concessionaire in meeting its obligations under this Agreement. e. As of the date of this Agreement, the District has obtained from the licenses Riverside County Health Department all applicable health permits and licenses as the owner of the facility in which the food and beverages services described in this Agreement will be conducted. Concessionaire shall operate and manage the food and beverage services described in this Agreement in full compliance with the terms of such permits and licenses and with any changes or modifications to said permits and licenses. To the extent the laws, regulations or opinions of the Riverside Health Department may change, Concessionaire shall obtain such permits and licenses as required by applicable laws and regulations. f. Concessionaire shall at its own cost and expense procure and keep in force during the term of this Agreement all necessary permits and licenses and shall require any subcontractors to have all necessary permits and licenses during the course of the term of the Agreement, including, without limitation: (I) City of Temecula business license; (2) County of Riverside Health Department food handler permits; and (3) California State Board of Equalization sellers permit. g. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment of taxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the term of the Agreement as a result of Concessionaire's operations. Concessionaire shall not permit any liens to be asserted against District's property during the term of this Agreement. h. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to District. The style and colors of uniforms for employees shall be approved by the Director. i. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall follow all applicable sanitary practices, rules and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the District. The District shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. C:IDocuments and SellingslMichaela.BallreichlDesktopI09-II-07 Full Value Concession Agreemenl-corrected.DOC 3 j. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of normal sensitivity during the course of providing services at the Theater. Concessionaire's employees shall not interfere with a program or special event presented at the Theater. The Director shall be the sole judge in the determination of such matters. k. To the extent required by law, Concessionaire's employees shall be fingerprinted and undergo the State required background check for working in a public park. I. Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. m. Concessionaire shall respond promptly to all complaints from patrons and shall report to District on each complaint and the resolution thereof. If District believes a complaint to be of a serious nature, District shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. n. Not less than once each calendar month during the first year of the term of this Agreement, the Director and Concessionaire shall meet to discuss the operation of the food and beverage services and the financial viability of the operation. o. All promotions with other food vendors or any subcontracts shall be approved in advance and in writing by the Director. p. Concessionaire shall allow District Staff access to the Food Concession Cart and Concessionaire's operation as necessary or convenient to the District to insure compliance with the terms of this Agreement. 6. TERM. This Agreement shall commence on September II, 2007 and shall remain and continue in effect until June 30, 2009, unless sooner terminated or extended pursuant to the provisions of this Agreement. District shall have the right to extend this Agreement for two one (I) year periods with the first beginning on July 1,2009 and the second beginning on July 1,2010. District shall exercise its option to extend the Agreement on or before April I of the year of expiration. 7. PAYMENT TO THE DISTRICT. a. Concessionaire shall sell its food and beverages to patrons of the Theater and members of the public from the Food Concession Cart. District shall not be required to payor otherwise compensate Concessionaire for providing food and beverage services at the Theater. b. For the privilege of operating the Food Concession Cart pursuant to the terms of this Agreement, Concessionaire shall pay to the District five percent (5%) of the Gross Revenues of the Concessionaire from its sales pursuant to this Agreement in the first year and seven percent (7%) from its sales pursuant to this Agreement in the second and every succeeding year thereafter. Said sum shall be paid to the District within ten (10) calendar days following the end of each calendar quarterly. C:\Documents and Settings\Michaela.Ballreich\Desktop\09.11.07 Full Value Concession Agreement-corrected.DOC 4 c. As used in this Agreement, "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses; provided, however, sales taxes pursuant to Section 7200 et seq. of the Revenue and Taxation Code shall not be included in Gross Revenues. d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaire's revenues received in connection with the sales of food and beverages pursuant to this Agreement. The Director of Finance shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration of the term of this Agreement and any extensions thereof. District and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (I) business day's notice. If a District audit uncovers an underreporting of Gross Revenues in the amount of five percent (5%) or more during a one year period, Concessionaire shall pay the District's costs in performing the audit. e. Prior to the commencement of the term of this Agreement, Concessionaire shall deposit in a local bank, or savings and loan company having F.D.I.C., or F.S.L.I.C., in favor of the District of Temecula, the amount of One Thousand Dollars ($1,000.00). If Concessionaire defaults in payments to the District or any of the terms, provisions, covenants and conditions of this Agreement, District may use, apply, or retain the whole or any part of this security for any payment due to the District of any expenses or payment in default or for any other sum which the District may spend or be required to spend by reason of Concessionaire's default. The security deposit or any balance remaining of the security deposit, less any deductions per this subsection, shall be returned to Concessionaire, without interest, within fourteen (14) days of the termination or expiration of this Agreement. In the event District uses part or all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the amount used within ten (10) days of notice from District. District may require, at any time, that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. 8. TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The District may at any time, for any reason, with or without cause, terminate this Agreement, or any portion hereof, by serving upon the Concessionaire at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the District at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the Director otherwise agrees in writing. C:IDocuments and SellingslMichaela.BallreichlDesktopI09-II-07 Full Value Concession Agreement-corrected.DOC 5 c. In the event this Agreement is terminated pursuant to this Section, the Concessionaire shall pay to the District the amounts which may be due to the District under this Agreement through the time oftermination. 9. DEFAULT OF CONCESSIONAIRE. a. Concessionaire's failure to comply with the provisions of this Agreement shall constitute a default. b. If the Director determines that Concessionaire is in default in the performance of any of the terms or conditions of this Agreement, he or she shall serve the Concessionaire with written notice of the default. Concessionaire shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Concessionaire fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision of this Agreement, to terminate or suspend this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. c. In the event the Director determines that Concessionaire's default poses an immediate risk to the health or safety of patrons of the park, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the Director shall initiate the default procedures set forth in this Section. d. The District and Concessionaire agree that waiver by the District or Concessionaire of any breach or violation of any term or condition of this Agreement shall not be deemed to be a waiver of any other term or condition contained herein or a waiver of any subsequent breach or violation of the same or any other term or condition. 10. INDEMNIFICATION. Concessionaire agrees to defend, indemnify, protect and hold harmless the District, City, and/or Agency, and their officers, officials, agents, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the District, City, and/or Agency may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Concessionaire's negligent or wrongful acts or omissions arising out of or in any way related to the performance or non- performance of this Agreement, excepting only liability arising out of the negligence of the District, their officers, officials, agents, employees and volunteers. 11. INSURANCE REOUlREMENTS. Concessionaire shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Concessionaire, its agents, representatives, or employees. a. Minimum Scope of Insurance. Coverage shall be at least as broad as: C:IDocuments and SellingslMichaela.BallreichlDesklopI09-II-07 Full Value Concession Agreemenl-correcled.DOC 6 1 (I) Insurance Services Office Commercial General Liability form No. CG 00 01 II 85 or 88. (2) Insurance Services Office Business Auto Coverage form CA 00 010692 covering Automobile Liability, code I (any auto). If the Concessionaire owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits of Insurance. Concessionaire shall maintain limits no less than: (I) General Liability: $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $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 Director of Finance. At the option of the Director of Finance, either the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the Indemnified Parties; or the Concessionaire 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: (I) The District, City, and/or Agency, their officers, officials, agents, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Concessionaire; products and completed operations of the Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the Indemnified Parties. C:IDocuments and SellingslMichaela.BallreichlDesklopI09-II-07 Full Value Concession Agreemenl-correcled.DOC 7 (2) For any claims related to this Agreement, the Concessionaire's insurance coverage shall be primary insurance as respects the District, City, and/or Agency their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, City, and/or Agency their officers, officials, employees and volunteers shall be excess of the Concessionaire's insurance and shall not contribute with it. (3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the District, City, and/or Agency their officers, officials, employees and volunteers. (4) The Concessionaire's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (5) Each insurance policy required by this 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 has been given to the District. (6) In the event Concessionaire receives any notice of an event described in Subparagrph (5) of this section, Concession shall notify the District in writing of said notice and provide District with a copy thereof with two (2) days of receipt of said notice and insurance policy e. AcceDtabilitv ofInsurers. 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 District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Concessionaire 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 Concessionaire's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR. a. Concessionaire is and shall at all times remain as to the District a wholly independent Contractor. The personnel performing the services under this Agreement on behalf of Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire shall not at any time or in any C:\Documents and Settings\MichaelaBallreich\Desktop\09-11..Q7 Full Value Concession Agreement-corrected.DOC 8 manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the District. Concessionaire shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Concessionaire in connection with the performance of this Agreement. Except for the rights of Concessionaire as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for District. District shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of performing services hereunder. 13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself informed of all applicable local, State and Federal laws, ordinances, and regulations which in any manner affect those employed by it or in any way affect the performance of its obligations pursuant to this Agreement. Concessionaire shall at all times observe and comply with all such ordinances, laws and regulations. The District, and its officers and employees, shall not be liable for any failure of the Concessionaire to comply with this section. 14. RELEASE OF INFORMATION. a. All information gained by Concessionaire in performance of this Agreement shall be considered confidential and shall not be released by Concessionaire without District's prior written authorization. Concessionaire, its officers, employees, agents or subcontractors, shall not without written authorization from the Director or unless requested by the District 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 District. Response to a subpoena or court order shall not be considered "voluntary" provided Concessionaire gives District notice of such court order or subpoena. b. Concessionaire shall promptly notify District should Concessionaire, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under or with respect to any project or property located within the District. District retains the right be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Concessionaire. However, District's right to review any such response does not imply or mean the right or obligation by District to control, direct, or rewrite said response. 15. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, that provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. C:IDocuments and SellingslMichaela.BallreichlDesklopI09-II-07 Full Value Concession Agreemenl-corrected.DOC 9 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 District: District of Temecula Mailing Address: P.O. Box 9033 Temecula, California 92589-9033 43200 Business Park Drive Temecula, California 92590 Attention: Director of Community Services To Concessionaire: Full Value Entertainment Attention: Bill Gould 16. ASSIGNMENT. Due to the special services being performed by Concessionaire pursuant to this Agreement, and the importance of providing quality food and beverage services, Concessionaire shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the Director. 17. GOVERNING LAW: LITIGATION. The District and Concessionaire understand and agree that the laws of the State of California shall govern the rights, obligations, duties and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with geographic jurisdiction over the District of Temecula. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as determined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief granted. 18. PROHIBITED INTEREST. No officer, or employee of the District of T emecula shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub-contractors, during his/her tenure or for one year thereafter. The Concessionaire hereby warrants and represents to the District that no officer or employee of the District of Temecula has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Concessionaire or Concessionaire's sub-contractors for the services to be provided under this Agreement. Concessionaire further agrees to notify the District in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth C:\Documents and SellingslMichaela.BallreichlDesklopI09-11-07 Full Value Concession Agreemenl-corrected.DOC 10 herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of Concessionaire and has the authority to bind Concessionaire to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DISTRICT OF TEMECULA Jeff Comerchero President Attest: Susan W. Jones, MMC, District Secretaryl City Clerk Approved as to form: Peter M. Thorson, General Counsel C:IDocuments and SellingslMichaela.BallreichlDesktopl09-II-07 Full Value Concession Agreemenl-correcled.DOC II FULL VALUE ENTERTAINMENT a Sole Proprietorship By: Bill Gould Owner/Operator C:\Documents and SettingsIMichaela.BallreichlDesktopI09-II-07 Full Value Concession Agreemenl-correcled.DOC 12 FOOD AND BEVERAGE SALES AGREEMENT BETWEEN TEMECULA COMMUNITY SERVICES DISTRICT AND FULL VALUE ENTERTAINMENT FOR THE OLD TOWN TEMECULA COMMUNITY THEATER THIS AGREEMENT is made and effective as of September 11, 2007, between the Temecu1a Community Services District ("District") and Full Value Entertaililllent, Inc., a California corporation ("Concessionaire"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows: 1. RECIT ALS. This Agreement is made with respect to the following facts and for the following purposes, which each of the parties acknowledge to be true and correct: a. The District has constructed and operates the Old Town Community Theater ("Theater"). b. District desires to have a Concessionaire, and Concessionaire desires, to provide for the sale of high quality food and beverages at the Theater from the Food Concession Cart. 2. DEFINITIONS. As used in this Agreement the following words and phrases shall be defined as follows: a. "Concessionaire Supplied Equipment" shall mean such equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the District Supplied Equipment. b. "Director" shall mean the Director of Community Services ofthe District of Temecu1a or his or her designee. c. "Director of Finance" shall mean the Director of Finance ofthe District of Temecu1a or his or her designee. d. "Food Concession Cart" shall mean the "Van San 8" food concession cart that is equipped with a built-in refrigerator unit, an ice dispense and a MS1.T unit for the removal of waste water. e. "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses. f. "Indemnified Parties" shall mean the City of Temecu1a, the District, and their respective officers, officials, agents, employees and volunteers g. "111eater" shall mean the Old Town Community Theater in the Old Town area of the City of Temecu1a. C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 1 3. EXCLUSIVE AGREEMENT FOR FOOD AND BEVERAGE SALES AT FOOD CONCESSION CART. Concessionaire shall have an exclusive agreement to provide for the sale of high quality food and beverages from the Food Concession Cart to patrons ofthe Theater and members ofthe public in accordance with the terms ofthis Agreement. The District reserves the right to contract with other food vendors in areas of the Theater for special events. TIle District shall provide notice of each Special Event to the Concessionaire two (2) weeks prior to each Special Event. 4. MAINTENANCE OF EOUlPMENT AND PHYSICAL PLANT OF FOOD CONCESSION CART. a. TIle District shall provide the Food Concession Cart for the operation ofthe food and beverage sales operation.. District shall maintain the Food Concession Cart in good working order and replace such items ofthe Food Concession Cart when the equipment cannot be repaired; provided, however, Concessionaire shall be responsible for the repair or replacement ofthe Food Concession Cart, or parts thereof, damaged or destroyed by the negligent or willful acts of Concessionaire or its employees or agents, excepting normal wear and tear. Concessionaire shall clean the Food Concession Cart in accordance with applicable law and standard commercial food handling practices. b. Concessionaire shall provide such other equipment as is necessary for the providing of food and beverage sales as required by this Agreement, except for the Food Concession Cart ("Concessionaire Supplied Equipment"). At the tenllination or expiration of this Agreement, the District shall have the option, but not the obligation, to purchase the Concessionaire Supplied Equipment at its then fair market value. c. All signage for the Concessionaire's food and beverage operation at the Food Concession Cart and, including sign content, shall be approved in writing by the Director prior to placement. 5. FOOD AND BEVERAGE SALES OPERATIONAL REOUIREMENTS. In performing the services required by this Agreement, Concessionaire shall comply with the following operational requirements: a. Concessionaire shall provide food and beverages at the Food Concession Cart during the following times: Forty-five (45) minutes prior to any perfonllance or event at the TIleater and through the intenllissions of the perfonllance or event, except Sundays. Additional hours shall be provided upon the prior written approval of the Concessionaire and the Director. A calendar of events will be provided to the Concessionaire on a bi-month1y basis. Concessionaire may provide additional hours of food and beverage service with the prior written approval of the Director. b. Prior to commencement of the sales from the Food Concession Cart and not less than each calendar quarter thereafter the Director shall review and, after consulting with Concessionaire, approve the menus and quality of offerings for the Theater operations. Concessionaire shall not sell any items from the Food Concession Cart without the prior written consent of the Director. C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 2 c. Director shall approve in writing the food and beverage price lists, which approvals shall not be unreasonably withheld. Concessionaire's prices for food and beverages shall not exceed the prices on this approved list. d. Concessionaire shall at all times faithfully, competently and to the best of its ability, experience, and talent, perform all services described herein. Concessionaire shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar high quality food and beverage services as are required of Concessionaire in meeting its obligations under this Agreement. e. As ofthe date ofthis Agreement, the District has obtained from the licenses Riverside County Health Department all applicable health pennits and licenses as the owner ofthe facility in which the food and beverages services described in this Agreement will be conducted. Concessionaire shall operate and manage the food and beverage services described in this Agreement in full compliance with the terms of such permits and licenses and with any changes or modifications to said permits and licenses. To the ex1:ent the laws, regulations or opinions of the Riverside Health Department may change, Concessionaire shall obtain such pennits and licenses as required by applicable laws and regulations. f. Concessionaire shall at its own cost and expense procure and keep in force during the tenn ofthis Agreement all necessary pennits and licenses and shall require any subcontractors to have all necessary pennits and licenses during the course of the tenn ofthe Agreement, including, without limitation: (1) City of Temecu1a business license; (2) County of Riverside Health Department food handler permits; and (3) California State Board of Equalization sellers permit. g. Concessionaire shall be responsible for the payment of all applicable taxes for products or services under its control, including without limitation, any possessory interest tax which might be imposed, and for the maintenance of appropriate records showing payment oftaxes. Concessionaire shall pay and discharge before delinquency all taxes and assessments, if any, which may be levied during the ternl ofthe Agreement as a result of Concessionaire's operations. Concessionaire shall not pernlit any liens to be asserted against District's property during the term ofthis Agreement. h. Employees of Concessionaire shall at all times be neatly and cleanly uniformed at no expense to District. The style and colors of uniforms for employees shall be approved by the Director. i. Concessionaire shall train and closely supervise all employees so that they are aware of and continually practice high standards of cleanliness, courtesy and service. Concessionaire's employees shall follow all applicable sanitary practices, rules and requirements governing restaurant employees. Concessionaire's employees shall at all times reflect personal cleanliness and neatness. Unkempt and unclean employees will not be tolerated by the District. The District shall provide written notice regarding any unkempt and unclean employees to the Concessionaire. C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 3 j. Concessionaire's employees shall not, either by act or language, offend or disturb patrons of nonua1 sensitivity during the course of providing services at the Theater. Concessionaire's employees shall not interfere with a program or special event presented at the Theater. The Director shall be the sole judge in the determination of such matters. k. To the ex1:ent required by law, Concessionaire's employees shall be fingerprinted and undergo the State required background check for working in a public park. 1. Concessionaire shall provide an adequate number of personnel to properly service and attend to the patrons. m. Concessionaire shall respond promptly to all complaints from patrons and shall report to District on each complaint and the resolution thereof. If District believes a complaint to be of a serious nature, District shall notify Concessionaire in writing. Concessionaire shall respond to such notification within four (4) calendar days. n. Not less than once each calendar month during the first year of the tenu ofthis Agreement, the Director and Concessionaire shall meet to discuss the operation of the food and beverage services and the financial viability ofthe operation. o. All promotions with other food vendors or any subcontracts shall be approved in advance and in writing by the Director. p. Concessionaire shall allow District Staff access to the Food Concession Cart and Concessionaire's operation as necessary or convenient to the District to insure compliance with the terms of this Agreement. 6. TERM. 111is Agreement shall commence on September 11, 2007 and shall remain and continue in effect until June 30, 2009, unless sooner terminated or ex1:ended pursuant to the provisions of this Agreement. District shall have the right to ex1:end this Agreement for two one (1) year periods with the first beginning on July 1, 2009 and the second beginning on July 1, 2010. District shall exercise its option to ex1:end the Agreement on or before April 1 ofthe year of expiration. 7. PAYMENT TO THE DISTRICT. a. Concessionaire shall sell its food and beverages to patrons ofthe 111eater and members ofthe public from the Food Concession Cart. District shall not be required to payor otherwise compensate Concessionaire for providing food and beverage services at the 111eater. b. For the privilege of operating the Food Concession Cart pursuant to the tenus of this Agreement, Concessionaire shall pay to the District five percent (50'0) ofthe Gross Revenues of the Concessionaire from its sales pursuant to this Agreement in the first year and seven percent (700) from its sales pursuant to this Agreement in the second and every succeeding year thereafter. Said sum shall be paid to the District within ten (10) calendar days following the end of each calendar quarterly. C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 4 c. As used in this Agreement, "Gross Revenue" shall mean all the money or other things of value received by or owed to Concessionaire for the food and beverages sold pursuant to this Agreement prior to payment of expenses; provided, however, sales taxes pursuant to Section 7200 et seq. ofthe Revenue and Taxation Code shall not be included in Gross Revenues. d. Concessionaire shall maintain a system of books and records in accordance with generally accepted accounting principles showing all Concessionaire's revenues received in connection with the sales of food and beverages pursuant to this Agreement. TIle Director of Finance shall review and approve the system of books and records and shall be authorized to require the preparation and maintenance of additional accounting records and reports. Said records shall be kept for not less than three (3) years after the expiration ofthe term ofthis Agreement and any ex1:ensions thereof. District and its authorized agents may inspect or audit such books and records at any time during regular business hours upon one (1) business day's notice. If a District audit uncovers an underreporting of Gross Revenues in the amount of five percent (50'0) or more during a one year period, Concessionaire shall pay the District's costs in perfonlling the audit. e. Prior to the commencement of the tenll ofthis Agreement, Concessionaire shall deposit in a local bank, or savings and loan company having F.D.I.C., or F.S.L.I.C" in favor of the District of Temecu1a, the amount of One Thousand Dollars ($1,000.00). If Concessionaire defaults in payments to the District or any ofthe terms, provisions, covenants and conditions ofthis Agreement, District may use, apply, or retain the whole or any part ofthis security for any payment due to the District of any expenses or payment in default or for any other sum which the District may spend or be required to spend by reason of Concessionaire's default. TIle security deposit or any balance remaining of the security deposit, less any deductions per this subsection, shall be returned to Concessionaire, without interest, within fourteen (14) days ofthe termination or expiration ofthis Agreement. In the event District uses part or all of the security deposit as provided herein, Concessionaire shall replenish the security deposit in the anlOunt used within ten (10) days of notice from District. District may require, at any time, that the security deposit be increased in proportion to the amount that minimum monthly rent or payment has increased. 8. TERMINATION OF AGREEMENT WITHOUT CAUSE. a. TIle District may at any time, for any reason, with or without cause, ternlinate this Agreement, or any portion hereof, by serving upon the Concessionaire at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the notice provides otherwise. b. Concessionaire may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the District at least ninety (90) calendar days prior written notice. Upon receipt of said notice, the Concessionaire shall continue to provide the services required by this Agreement, unless the Director otherwise agrees in writing. C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 5 c. In the event this Agreement is tenninated pursuant to this Section, the Concessionaire shall pay to the District the amounts which may be due to the District under this Agreement through the time of termination. 9. DEFAULT OF CONCESSIONAIRE. a. Concessionaire's failure to comply with the provisions ofthis Agreement shall constitute a default. b. Ifthe Director detennines that Concessionaire is in default in the perfonnance of any ofthe tenns or conditions ofthis Agreement, he or she shall serve the Concessionaire with written notice ofthe default. Concessionaire shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Concessionaire fails to cure its default within such period of time, the District shall have the right, notwithstanding any other provision ofthis Agreement, to tenninate or suspend this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. c. In the event the Director detennines that Concessionaire's default poses an immediate risk to the health or safety of patrons of the park, the Food Concession Facility or the public, he may suspend the Agreement without prior written notice to Concessionaire. Upon such immediate suspension, the Director shall initiate the default procedures set forth in this Section. d. The District and Concessionaire agree that waiver by the District or Concessionaire of any breach or violation of any term or condition ofthis Agreement shall not be deemed to be a waiver of any other tenn or condition contained herein or a waiver of any subsequent breach or violation of the sanle or any other tenn or condition. 10. INDEMNIFICATION. Concessionaire agrees to defend, indemnify, protect and hold hann1ess the District, City, and/or Agency, and their officers, officials, agents, employees and volunteers from and against any and all claims, demands, losses, defense costs or expenses, including attorney fees and expert witness fees, or liability of any kind or nature which the District, City, and/or Agency may sustain or incur or which may be imposed upon them for injury to or death of persons, or damage to property arising out of Concessionaire's negligent or wrongful acts or omissions arising out of or in any way related to the perfornlance or non- perfornlance of this Agreement, excepting only liability arising out ofthe negligence ofthe District, their officers, officials, agents, employees and volunteers. 11. INSURANCE REOUIREMENTS. Concessionaire shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the work hereunder by the Concessionaire, its agents, representatives, or employees. a. Minimum Scone of Insurance. Coverage shall be at least as broad as: C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 6 (1) Insurance Services Office Commercial General Liability fonn No. CG 00 01 11 85 or 88. (2) Insurance Services Office Business Auto Coverage fonn CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). Ifthe Concessionaire owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. b. Minimum Limits ofInsurance. Concessionaire shall maintain limits no less than: (1) General Liability: $2,000,000 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) 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 ($1,000,000) per accident for bodily injury or disease. c. Deductib1es and Se1f- Insured Retentions. Any deductib1es or self- insured retentions must be declared to and approved by the Director of Finance. At the option of the Director of Finance, either the insurer shall reduce or eliminate such deductib1es or se1f- insured retentions as respects the Indemnified Parties; or the Concessionaire shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other Insurance Provisions. TIle general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: (1) TIle District, City, and/or Agency, their officers, officials, agents, employees and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf ofthe Concessionaire; products and completed operations of the Concessionaire; premises owned, occupied or used by the Concessionaire; or automobiles owned, leased, hired or borrowed by the Concessionaire. The coverage shall contain no special limitations on the scope of protection afforded to the Indemnified Parties. C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 7 (2) For any claims related to this Agreement, the Concessionaire's insurance coverage shall be primary insurance as respects the District, City, and/or Agency their officers, officials, employees and volunteers. Any insurance or self-insured maintained by the District, City, and/or Agency their officers, officials, employees and volunteers shall be excess ofthe Concessionaire'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 District, City, and/or Agency their officers, officials, employees and volunteers. (4) TIle Concessionaire'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 has been given to the District. (6) In the event Concessionaire receives any notice of an event described in Subparagrph (5) ofthis section, Concession shall notify the District in writing of said notice and provide District with a copy thereof with two (2) days of receipt of said notice and insurance policy e. Acceotabi1itv of Insurers. hlsurallCe 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 District. Self insurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Concessionaire 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 fornls provided by the District. All endorsements are to be received and approved by the District before work commences. As all alternative to the District's fornls, the Concessionaire's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications. 12. INDEPENDENT CONTRACTOR. a. Concessionaire is and shall at all times remain as to the District a wholly independent Contractor. The personnel perfornling the services under this Agreement on behalf of Concessionaire shall at all times be under Concessionaire's exclusive direction and control. Neither District nor any of its officers, employees, agents, or volunteers shall have control over the conduct of Concessionaire or any of Concessionaire's officers, employees, or agents except as set forth in this Agreement. Concessionaire shall not at any time or in any C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 8 manner represent that it or any of its officers, employees or agents are in any matmer officers, employees or agents ofthe District. Concessionaire shall not incur or have the power to incur any debt, obligation or liability whatever against District, or bind District in any manner. b. No employee benefits shall be available to Concessionaire in connection with the performance ofthis Agreement. Except for the rights of Concessionaire as provided in the Agreement, District shall not pay salaries, wages, or other compensation to Concessionaire for performing services hereunder for District. District shall not be liable for compensation or indemnification to Concessionaire for injury or sickness arising out of perfonning services hereunder. 13. LEGAL RESPONSIBILITIES. Concessionaire shall keep itself infonned of all applicable local, State atld F edera11aws, ordinatlces, and regulations which in any manner affect those employed by it or in atlY way affect the perfonnatlCe of its obligations pursuant to this Agreement. Concessionaire shall at all times observe and comply with all such ordinances, laws and regulations. The District, and its officers and employees, shall not be liable for any failure of the Concessionaire to comply with this section. 14. RELEASE OF INFORMATION. a. All information gained by Concessionaire in performance of this Agreement shall be considered confidential and shall not be released by Concessionaire without District's prior written authorization. Concessionaire, its officers, employees, agents or subcontractors, shall not without written authorization from the Director or unless requested by the District Attomey, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other infomlation conceming the work perfomled under this Agreement or relating to any project or property located within the District. Response to a subpoena or court order shall not be considered "voluntary" provided Concessionaire gives District notice of such court order or subpoena. b. Concessionaire shall promptly notify District should Concessionaire, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work perfomled there under or with respect to any proj ect or property located within the District. District retains the right be present at any deposition, hearing or similar proceeding. Concessionaire agrees to cooperate fully with District and to provide District with the opportunity to review any response to discovery requests provided by Concessionaire. However, District's right to review any such response does not imply or meatl the right or obligation by District to control, direct, or rewrite said response. 15. NOTICES. Any notices which either party may desire to give to the other party under this Agreement must be in writing atld 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, retum receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by Notice. C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 9 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 District: District of Temecu1a Mailing Address: P.O. Box 9033 Temecu1a, California 92589-9033 43200 Business Park Drive Temecu1a, California 92590 Attention: Director of Community Services To Concessionaire: Full Value Entertainment Attention: Bill Gould 16. ASSIGNMENT. Due to the special services being performed by Concessionaire pursuant to this Agreement, and the importance of providing quality food and beverage services, Concessionaire shall not assign the perfornlallCe ofthis Agreement, nor any part thereof, nor allY monies due hereunder, without prior written consent of the Director. 17. GOVERNING LAW: LITIGATION. The District and Concessionaire understand and agree that the laws ofthe State of California shall govern the rights, obligations, duties and liabilities ofthe parties to this Agreement alld also govern the interpretation ofthis Agreement. Any litigation concerning this Agreement shall take place in the municipal. superior, or federal district court with geographic jurisdiction over the District of Temecu1a. In the event such litigation is filed by one party against the other to enforce its rights under this Agreement, the prevailing party, as deternlined by the Court's judgment, shall be entitled to reasonable attorney fees and litigation expenses for the relief grallted. 18. PROHIBITED INTEREST. No officer, or employee ofthe District of Temecu1a shall have any finallcia1 interest, direct or indirect, in this Agreement, the proceeds thereof, the Concessionaire, or Concessionaire's sub-contractors, during his/her tenure or for one year thereafter. The Concessionaire hereby warrants and represents to the District that no officer or employee of the District of Temecu1a has any interest, whether contractual. non-contractual. financial or otherwise, in this transaction, or in the business ofthe Concessionaire or Concessionaire's sub-contractors for the services to be provided under this Agreement. Concessionaire further agrees to notify the District in the event allY such interest is discovered whether or not such interest is prohibited by law or this Agreement. 19. ENTIRE AGREEMENT. I1lis Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth C:\WINDUWSlapsdoclnettemp\53601$ASQpdfE54654.DUC 10 herein and upon each party's own independent investigation of any and all facts such party deems material. 20. AUTHORITY TO EXECUTE THIS AGREEMENT. TIle person or persons executing this Agreement on behalf of Concessionaire warrants and represents that he or she has the authority to execute this Agreement on behalf of Concessionaire and has the authority to bind Concessionaire to the performance of its obligations hereunder. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. DISTRICT OF TEMECULA Jeff Comerchero President Attest: Susan W. Jones, MMC, District Secretary/ City Clerk Approved as to fonn: Peter M. Thorson, General Counsel C:\WINDUWSlapsdoclnettemp\53601$ASQpdfE54654.DUC 11 FULL VALUE ENTERTAINMENT, INC., a California corporation By: Name: Title: By: Name: Title: (TWO SIGNATURES OF CORPORATE OFFICERS REQUIRED FOR CORPORA nONS) C: \ WINDUWSlapsdoclnettemp\53601$ASQpdfE54654 .DUC 12 REDEVELOPMENT AGENCY Ii - I. ITEM NO. 14 I I MINUTES OF A REGULAR MEETING OF THE TEMECULA REDEVELOPMENT AGENCY AUGUST 28, 2007 A regular meeting of the City of Temecula Redevelopment Agency was called to order at 7:56 p.m., in the City Council Chambers, 43200 Business Park Drive, Temecula, California. ROLL CALL PRESENT: 4 AGENCY MEMBERS: Comerchero, Roberts, Washington, and Edwards ABSENT: 1 AGENCY MEMBERS: Naggar. Also present were Executive Director Nelson, City Attorney Thorson, and City Clerk Jones. PUBLIC COMMENTS A. Mr. AI Rattan, Temecula, expressed concern with comments made by Mayor Pro Tem Naggar at the Tuesday, August 14, 2007, City Council with regard to the Old Town budget. Mr. Rattan also noted that he had an opportunity to review the Redevelopment Department Monthly Report dated August 28, 2007, and requested that a break down of money funded into Old Town projects be included in the report such as Dalton II, future Civic Center, Children's Museum, Temecula Theater, and streetscape improvements. For Mr. Rattan, City Manager Nelson advised that he may contact Director of Redevelopment Meyer for information regarding the Redevelopment Agency's budget. In response to Mr. Rattan's comments, Agency Member Washington noted that he would be of the opinion that there were no inaccuracies pertaining to the minutes and relayed that the context of the comments made by Agency Member Naggar were appropriate and accurate. Agency Member Edwards also relayed that information with regard to the Redevelopment Agency budget is available on the City's website at www.citvoftemecula.orq. RDA CONSENT CALENDAR 21 Minutes RECOMMENDATION: 21.1 Approve the minutes of August 14, 2007. MOTION: Agency Member Comerchero moved to approve the RDA Consent Calendar. Agency Member Washington seconded the motion and voice vote reflected approval with the exception of Agency Member Naggar who was absent. R:\Minutes\082807 RDA DEPARTMENTAL REPORT 22 Redevelooment Deoartmental Monthlv Reoort RDA EXECUTIVE DIRECTORS REPORT No comments. RDA AGENCY MEMBERS REPORTS No comments. RDA ADJOURNMENT At 8:04 p.m., the Temecula Redevelopment Agency meeting was formally adjourned to Tuesday, September 11, 2007, commencing at 7:00 p.m., at the Temecula Duck Pond. Maryann Edwards, Chairman ATTEST: Susan W. Jones, MMC City Clerk/Agency Secretary [SEAL] R:\Minutes\082807 2 Ii - I. ITEM NO. 15 I I Approvals City Attorney Director of Finance City Manager ~( /J~ CJu..- TEMECULA REDEVELOPMENT AGENCY AGENDA REPORT TO: Executive Director/Agency Members FROM: Genie Roberts, Director of Finance DATE: September 11, 2007 SUBJECT: Financial Statements for the Fiscal Year Ended June 30, 2007 PREPARED BY: Jason Simpson, Assistant Finance Director Pascale Brown, Accounting Manager RECOMMENDATION: That the Agency Members: 1. Receive and file the Financial Statements for the Fiscal Year Ended June 30, 2007. 2. Approve an increase of $615,700 for property tax increment in the Debt Service Fund. 3. Approve an appropriation of $200,000 for pass-through agreements in the Debt Service Fund. BACKGROUND: The attached financial statements reflectthe unaudited activity of the Redevelopment Agency for the Fiscal Year Ended June 30, 2007. Please see the attached financial statements for an analytical review of financial activity. The additional budget request for property tax increment and pass-through agreements is based upon final reconciliation by the County, Temecula's property tax increment ended higher due to increase in property values from development growth overthe past year. An increase in property tax increment results in a proportionate increase in pass-through payment obligations to other agencies. FISCAL IMPACT: no net impact. The estimated revenues and appropriation for Debt Service Fund has ATTACHMENTS: Combining Balance Sheet as of June 30, 2007 Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2007 TEMECULA REDEVELOPMENT AGENCY Combining Balance Sheet as of June 30, 2007 and the Statement of Revenues, Expenditures and Changes in Fund Balance for the Fiscal Year Ended June 30, 2007 (Unaudited) Prepared by the Finance Department Temecula Redevelopment Agency Combining Balance Sheet As ofJune 30, 2007 Low/Mod elP Debt Fund Fund Service Total Assets: Cash and investments $9,283,347 $22,867,429 $2,408,637 $34,559,413 Receivables 7,469,592 554,925 96,575 8,121,092 Land held for resale 6,616,177 98,484 6,714,661 Total assets $23,369,116 $23,520,838 $2,505,212 $49,395,166 Liabilities and fimd balance: Liabilities: Other current liabilities $412,884 $29,891 $1,784,552 $2,227,327 Deferred revenue 6,464,987 125,000 6,589,987 Total liabilities 6,877,871 154,891 1,784,552 8,817,314 Total Fund balance: Reserved 16,491,245 23,365,947 720,660 40,577,852 Total liabilities and fund balance $23,369,116 $23,520,838 $2,505,212 $49,395,166 Please note that these balances are lUlaudited Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Redevelopment Agency Low/Moderate Income Housing For the Fiscal Year EndedJlllle 30, 2007 Annual Amended Budget Revenues: Property tax increment Investment interest Rental income Forgivable Loan RepaymenUMisc. Reimbursements $2.972.818 100.000 126.000 45.000 2.689.646 Total Revenues 5.933,464 Expenditures: Salaries and benefits Operating and administrative expenditures Homebuyer programs Affordable housing / future obligation Residential rehabilitation programs Habitat II Old Town Mixed Use Temecula Education Center Old Town Mixed Use- Dalton II 311.117 433.650 300.000 305.000 391.862 250.000 961 3.547.842 3.000.000 Total Expenditures 8.540,432 Revenues Over/(Under) Expenditures (2.606.968) Beginning Flllld Balance, July 1, 2006 9.959.527 Ending Flllld Balance, Jlllle 30, 2007 $7.352.559 YTD Total Percent Activity Encumbr. Activity of Budget $3.126.735 $3.126.735 105% 407.236 407.236 407% (1) 126.000 126.000 100% 96.063 96.063 213% (2) 2.854.901 2.854.901 106% 6.610.935 6.610.935 111% 286.301 265.883 286.301 92% $56.168 322.051 74% (3) 0% (4) 305.000 100% 30.047 213.351 54% (5) 150.000 150.000 60% (6) 961 961 100% 532.209 532.209 15% (7) 3.000.000 100% 769.385 4.809.873 56% 305.000 183.304 3.000.000 4.040.488 2.570.447 13.920.798 $16.491.245 Notes: 1) Investment interest was higher than expected due to delay in project expenditures resulting in higher cash balances. 2) The variance in forgivable loan is due to more than expected residential rehab loans refinanced during this fiscal year. 3) The variance is due to decreasing activity in legal, consulting services and project help during this fiscal year. 4) The variance in homebuyer programs is due to most applicants not meeting the requirements to participate in the program. 5) The decreasing activity in residential rehabilitation programs is due to less than anticipated loans processed during this fiscal year. 6) Construction for the Habitat II rehabilitations program started in April but the project is expected to carry over to the next fiscal year. 7) The Education Center project was cancelled in March 2007 and asset was rec1assed to land held for resale. 2 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes inFlllld Balance - Budget and Actual Redevelopment Agency-CIP For the Fiscal Year EndedJlllle 30, 2007 Annual Percent Amended YTD Total of Budget Activity Encumbr. Activity Budget Revenues: Investment interest $28.000 $613.048 $613.048 2189% (1) Loan interest 12.200 11.515 11.515 94% Reimbursements/Mise 22.800 27.190 27.190 119% (2) Bond Proceeds 20.251,477 20.251,477 20.251,477 100% Transfers in 2.600.000 2.600.000 2.600.000 100% Total Revenues 22.914,477 23.503.230 23.503.230 103% Capital Projects: Old Town Building Fas:ades 280-813 76.350 20.443 $13.523 33.966 44% (3) ErIe Stanley Gardner 280-834 92.303 77.481 2.680 80.161 87% Wireless Fidelity WIFI Hot Zone 280-839 19.960 18.600 18.600 93% Old Town Sixth Street Bollards 280-841 30.000 0% (4) Opemting Expenditures: Salaries and wages 174.353 147.768 147.768 85% Operating and administrative expenditures 437.566 319.546 17.904 337.450 77% Old Town plan implementation 191.159 182.033 182.033 95% Total Expenditures 1.021.691 765.871 34.107 799.978 78% Revenues Over/(Under) Expenditures 21.892.786 22.737.359 Transfers Out (6.643.200) (147.993) Revenues Over/(Under) Expenditures 15.249.586 22.589.366 and Transfers Beginning Flllld Balance, July 1, 2006 776.581 776.581 Ending Flllld Balance, Jlllle 30, 2007 $16.026.167 $23.365.947 Notes: 1) Investment interest was higher than expected due to delay in project expenditures resulting in higher cash balances. 2) The variance is due to Street painting donations and special events revenues received during this fiscal year. 3) The decrease in old Town Building Faqade is due to Palomar Hotel and the Emporium projects did not happen this fiscal year. 4) The Old Town Sixth Street Bollards project is expected to carry over to fiscal year 2007-08. 3 Temecula Redevelopment Agency Statement of Revenues, Expenditures and Changes in Flllld Balance - Budget and Actual Redevelopment Agency - Debt Service For the Fiscal Year Ended Jlllle 30, 2007 Annual Amended YTD Total Percent Budget Activity Activity of Budget Revenues: Property tax increment $11.891.273 $12.506.938 $12.506.938 105% Bond Proceeds 893.523 893.523 893.523 100% Investment interest 40.000 88.875 88.875 222% (1) Total Revenues 12.824.796 13.489.336 13.489.336 105% Expenditures: Trustees admin fees 11.663 11.513 11.513 99% Property Tax admin Fees 109.000 108.279 108.279 99% Pass-through agreements 8.587.948 8.778.831 8.778.831 102% (2) Debt service - principal 415.000 415.000 415.000 100% Debt service - interest 1.649.161 1.649.138 1.649.138 100% Debt service - New TAB'S 643.861 643.200 643.200 100% Total Expenditures 11.416.633 11.605.961 11.605.961 102% Revenues Over/(Under) Expenditures 1.408.163 1.883.375 Transfers Out (2.600.000) (2.600.000) Revenues Over/(Under) Expenditures and Transfers (1.191.837) (716.625) Beginning Flllld Balance, July 1, 2006 1.437.285 1.437.285 Ending FlllldBalance, Jlllle 30, 2007 $245.448 $720.660 Notes: 1) Investment interest was higher than expected due to higher cash balances related to growth in tax increment receipts. 2) The variance is due to Pass-through obligation were higher than expected during this fiscal year. 4